Deal with lynching & end mobocracy: Supreme Court

The Supreme Court on Tuesday asked the Parliament to consider enacting a new law to deal with lynching and cow vigilantism stating that "horrendous acts of mobocracy" cannot be allowed to overrun the law of the land and suggested measures to be adopted by the police to stop such incidents.

"Rising intolerance and growing polarisation cannot be permitted to become the normal way of life," the apex court stated referring to the instances of lynching and mob violence, calling it creeping threats, which may gradually take the shape of a "Typhon-like monster".

The court has asked the Centre and the state governments to take steps to deal with such offences in pursuance of its directions and file a compliance report within four weeks.

Stressing that there cannot be any investigation, trial or punishment out on the streets, the court said it was the duty of the states to strive and promote fraternity amongst all citizens. It said that mob violence was being instigated by intolerance and misinformed by the circulation of fake news and false stories.

A bench, headed by Chief Justice Dipak Misra, also passed a slew of directions to the government to provide "preventive, remedial and punitive measures" to deal with offences like mob violence and cow vigilantism.

The judgment was delivered on a batch of petitions, including by Mahatma Gandhi's grandson Tushar Gandhi and Congress leader Tehseen Poonawalla, seeking formulation of guidelines to curb incidents of mob violence and lynching in the country.

"The state cannot turn a deaf ear to the growing rumblings of its people," the bench, also comprising Justices AM Khanwilkar and DY Chandrachud, said.

The apex court said there was a need to enact a special law as it would instil a sense of fear for law amongst those who get involved in mob lynching.

"Mob vigilantism and mob violence have to be prevented by the governments by taking strict action... and by the vigil society, who ought to report such incidents to the state machinery and the police, instead of taking the law into their own hands."

It said that good governance and nation building required sustenance of law and order, which is intricately linked to the preservation of the marrows of our social structure.

The court suggested measures like designating a senior police officer, not below the rank of Superintendent of Police, as nodal officer in each district, to prevent incidents of mob violence and lynching.

A Special Task Force (STF) should be constituted to procure intelligence reports about the people who are likely to commit such crimes or who are involved in spreading hate speeches, provocative statements and fake news.

The court also said that the authorities, conferred with the responsibility to maintain law and order in the states, have the principal obligation to see that vigilantism, be it cow vigilantism or any other vigilantism of any perception, do not take place.

"When any core group with some kind of idea take the law into their own hands, it ushers in anarchy, chaos, disorder and, eventually, there is an emergence of a violent society. Vigilantism cannot, by any stretch of the imagination, be given room to take shape, for it is absolutely a perverse notion," the bench said.

The court also noted that there is a need to preserve and maintain unity amongst the fellow citizens of the country, who represent different castes, creed and races, follow different religions, and use multiple languages in the country.

The order said it was required that "our country must sustain, exalt and celebrate the feeling of solidarity and harmony so that the spirit of oneness is entrenched in the collective character. Sans such harmony and understanding, we may unwittingly pave the path of disaster".