Why Doesn’t the Modi Government Initiate a Central Punishment Law on Mob Lynching?

The issue of mob lynching has gained significant attention in India, particularly following high-profile incidents that have drawn national and international condemnation. Despite the existence of various laws that could potentially address such incidents, the Modi government has not yet introduced a comprehensive central punishment law aimed at curbing mob violence. This article explores the reasons behind this inaction and discusses the potential legal and sociopolitical implications.

What Punishment?

The concept of punishment is fundamentally tied to the legal framework within which a government operates. In India, the powers to legislate on law and order are primarily vested in the state governments, not the central government. This means that any measures intended to curb mob lynching must be tailored to the specific legal and societal context of each state.

Furthermore, the term 'lynching' implies a collective action, making it challenging to determine the individuals responsible. Unlike individual criminal acts, mob violence often involves multiple perpetrators who could profit from collective immunity. Establishing individual culpability can be complex, especially when taking into account the emotional and psychological distress that often accompanies such events.

To Whom?

Given the nature of mob violence, the idea of arresting specific individuals can be problematic. Mobs often consist of a large group of emotionally charged individuals who collectively take action against perceived threats. Identifying individuals within a mob is a significant challenge, especially in cases where perpetrators are wearing masks or where the incident occurs in crowded areas.

However, in recent years, advancements in facial recognition technology have provided a potential solution. With the use of such software, it is increasingly possible to identify individuals who were part of a mob. Once the identities of the offenders are known, existing laws can be applied to prosecute the individuals involved.

Who Is Mob?

The term 'mob' is often used in a derogatory manner to describe a group of people who come together to commit violence. In the context of mob lynching, it is essential to understand that these individuals are often driven by a sense of fear, anger, or a perceived threat that they believe justifies their actions. Social, economic, and political factors can all contribute to the emergence of such mobs.

While the concept of a 'mob' is broad, the identification and punishment of individuals within such groups is crucial for ensuring public order and justice. This requires a nuanced approach that balances individual accountability with the complexities of collective action.

Whom Will You Arrest?

The central government’s reluctance to introduce a central punishment law on mob lynching can be attributed to various reasons. One significant factor is the potential for such measures to be perceived as politically motivated, particularly in light of the government's political leanings and the portrayal of the ruling Bharatiya Janata Party (BJP).

During the Delhi violence in 2020, the Delhi High Court issued orders for FIRs to be filed against BJP leaders who gave hate speeches against a particular community. However, the swift relocation of the court's justice in the middle of the night and the absence of any FIRs filed serve as a stark example of the challenges faced by the judiciary in enforcing the law.

The central government’s inaction can also be seen as a reflection of its broader political strategy, which favors maintaining the status quo and avoiding measures that might be perceived as contentious. Additionally, the high number of ongoing cases and the ease of obtaining bail often hinder thorough investigation and prosecution, allowing offenders to continue their activities.

Who Can Be Identified in a Mob?

As mentioned earlier, advancements in facial recognition technology provide a promising avenue for identifying individuals in a mob. This technology can capture images or video footage of the incident and analyze them to identify specific faces. Once the identity of the lynchers is known, existing laws such as the Indian Penal Code (IPC) can be applied to prosecute them.

Furthermore, coroners and forensic experts can play a crucial role in gathering evidence that can lead to the identification and prosecution of individuals. The use of such technologies and experts can significantly enhance the judicial process and ensure that justice is served.

What Law Are You Proposing?

Given the challenges and complexities involved in addressing mob lynching, any proposed legislation would need to address these issues comprehensively. Some potential areas for reform include:

Proper Identification and Accountability: Laws should be designed to facilitate the proper identification of individuals within a mob and hold them individually accountable for their actions. Enhanced Criminal Penalties: The penalties for mob violence should be severe enough to deter such behavior. This could include measures such as longer imprisonment and higher fines. Public Awareness and Education: It is essential to educate the public about the dangers of mob violence and the importance of individual accountability. This could involve public service announcements, community outreach programs, and educational campaigns in schools and universities. Increase in Law Enforcement Resources: Doubling the resources given to law enforcement agencies can help in quicker and more effective responses to incidents of mob violence.

Addressing mob lynching requires a multi-faceted approach that involves legislative, judicial, and educational reforms. While the Modi government has yet to introduce a central punishment law, it is essential for the government to take concrete steps to address this issue. By doing so, it can demonstrate its commitment to upholding the rule of law and ensuring the safety and dignity of all citizens.

Conclusion

The issue of mob lynching in India is complex and multifaceted. Addressing this issue requires a combination of legislative, judicial, and educational reforms. While the Modi government has not yet introduced a central punishment law, the potential for such measures exists. By taking concrete steps to tackle mob violence, the government can uphold the rule of law and protect the rights and freedoms of all citizens.