It may appear a bit harsh but one is not really bothered about the storm until it reaches their doorstep. Unfortunate & sad, but it’s a bitter truth about human nature and is clearly evident in the case of the Palghar lynching. The brutal killing of these two monks has gathered nationwide attention amid the hard times of COVID-19. The early response by the Bhartiya Janta Party, especially, looked a bit agonized by the fate of the Sadhus. Such a reaction is reasonable, but we as a nation needed a similar attitude and response to prevent earlier incidents of Mob Lynchings. Moreover, it is extremely sad that those monks had to die to provoke this kind of reaction in the minds of authorities. This blog post seeks to uncover tacitly working background factors allegedly responsible for such incidents and suggests a solution for this menace.

Government’s Attitude: Indifferent or Selective?

In almost every law and order situation, usually, the government is the first to be blamed, and it is not completely wrong as they have been provided with the power and might to maintain it. Aren’t they to blame? Putting it succinctly, the acts of state are backed by statutory force, which thus vests an obligation to maintain law & order that is inexcusable. This has also been stressed by the Honorable Supreme Court in Nandini Sundar & Ors. V. State of Chhattisgarh where the court held that the state is responsible to prevent any untoward event and curb crime.

Ruchir Ferrero Sharma, an international policy researcher, argues that it is futile to criticize leaders and claims it to be a law & order issue rather. Surprisingly, it is unclear whom one should ask these questions if not the lawmakers on the issue of mob-lynchings, particularly when it’s left unaddressed. The union government has already been criticized a lot for their love of promulgating ordinances. Moreover, a much dirtier picture of the central government is painted when we realize how long the issue of mob lynching laws has lingered. Another blow to the government is the fate of the Tehseen Poonawalla case which put forth some basic directions and measures to control incidents of lynchings. However, those recommendations rots into the abyss with no actual actions being taken by the government & the Supreme court appears a mere toothless tiger. Furthermore, all the enthusiasm that BJP has shown now was needed much more when little efforts were made by other states. Lastly, the only thing of prime importance now is that we learn our lessons and team up to fight this evil and prevent any further misfortunes. “Better late than never.”

Police system: Complacent or Controlled?

“The police come after everything is over.” I believe most of us have heard similar kinds of proverbs. It may be a rare phenomenon now, but something’s gravely wrong with the response by the police and particularly the timing. Unfortunately, the police haven’t paid the appropriate amount of attention and focus to the epicenter of this issue, i.e., the killings of cows and their security. Furthermore, there have been incidents of mob brutality even in the presence of police which appears to be a blot on the khaki uniform. Increased police surveillance, proper use of force, and adequate response to the problems of the common public is the need of the hour. However, in the above-mentioned circumstances, it’s difficult to locate a feasible solution for this evil.

However, a few events represent both complacency and control of the police force. As a result, even the genuine efforts of some police personnel are rendered futile. One prominent factor of such failure is the pressure, be it psychological or physical (of being outnumbered). A few reports suggest that incidents of mob lynching frequently had some political interference and silence as well. Both these are slowly igniting the hellfire. Though saddening, it is much more frightening when members of law enforcement falls prey to horrendous acts of lynchings.

Fear of Law: The Whip we need

Senior Supreme Court Advocate, K.T.S. Tulsi in an Outlook India article deliberating about the rape of the young Telengana Veterinarian & killing of her accused, identifies mob lynchings as an antithesis to the rule of law. Furthermore, he points out that when individuals/groups partaking in mob violence are not arrested immediately, it attacks public confidence in Rule of Law and weakens it. The author is not dwelling on the importance of the rule of law because this fundamental for the proper administration of Justice. It’s the baseline and integral part of any civilized society. A similar opinion was expressed by Tehseen Poonawala when he criticized Union Minister Jayant Sinha’s act of felicitating the convicts of the Ramgarh Mob Lynching. Surprisingly, the Palgahr killings received a completely different reaction altogether, be it from police, political parties, or the common citizenry. A prompt reaction like this is an apt response and a whip challenging horrendous acts of Mob Lynchings.

Conclusion

The most important lesson this country should learn is that these targeted informal killings don’t have any connection whatsoever to any religion, caste, group, or ethnicity. Governments, irrespective of their political identity had tried time & again to hide their incapacity in maintaining law & order. Also giving it a religious/communal color for their political benefit is one more thing that has been employed for a long time. What we as citizens must take note of is this “A crime is devoid of any human relationship and doesn’t deserve any.”

Furthermore, the most effective manner to sum up the entire idea and solution proposed in this article is perfectly captured by the Hon’ ble Supreme Court in the case of Krishnamoorthy v. Sivakumar and Ors:

“The majesty of law cannot be sullied simply because an individual or a group generate the attitude that they have been empowered by the principles set out in law to take its enforcement into their own hands and gradually become law unto themselves and punish the violator on their own assumption and in the manner in which they deem fit.”

With respect to the sensitive and religious matter of cow protection, let’s refrain from taking the law into our hands and help the authorities.

Ashutosh Singh is a third year student at Dr. Ram Manohar Lohiya National Law University in Lucknow, India and a member of the university’s Internship & Placement Committee

Suggested citation: Ashutosh Singh, Mob Lynchings in India: Beyond the Palghar Lynching, JURIST – Student Commentary, May 9, 2020, https://www.jurist.org/commentary/2020/05/ashutosh-singh-palghar-lynchings/

This article was prepared for publication by Tim Zubizarreta, JURIST’s Managing Editor. Please direct any questions or comments to him at commentary@jurist.org