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Mob Lyncing in India: Supreme Court asks Parliament to make new law against lynching of persons
Posted on: 17-07-2018 , 12:32:PM | DY365 Bureau

 Picture Courtesy: India Today

July 17, 2018: Condemning the recent incidents of mob violence and lynching, the Supreme Court on Tuesday recommended to Parliament to enact a separate law to punish individuals participating in such acts, saying “horrendous acts of mobocracy” cannot be allowed to become a new norm.


A three-judge Bench led by Chief Justice of India Dipak Misra held that it was the obligation of the State to protect citizens and ensure that the "pluralistic social fabric" of the country holds against mob violence.
The judgment authored by Chief Justice Misra for the Bench, also comprising Justices A.M. Khanwilkar and D.Y. Chandrachud, asked the Parliament to pass a law establishing lynching as a separate offence with punishment. The bench asked the legislature to consider enacting a new penal provision to deal with offences of mob violence and provide deterrent punishment to such offenders. The top court passed the order on a plea seeking formulation of guidelines to curb such violent incidents in the country.
This special law, the court said, should be effective enough to instill a sense of fear in the perpetrators.
The court said the growing numbness of the ordinary Indian to the frequent incidents of lynchings happening right before his eyes in a society based on rule of law is shocking. The court said the government should see the judgment as a "clarion call" in a time of exigency and work towards strengthening the social order. 
It is the obligation of the Centre and the States to ensure that "nobody takes the law into his hands nor become a law into himself", the Supreme Court ordered. 
The court directed several preventive, remedial and punitive measures to deal with lynching and mob violence. Reportedly, the CJI, who pronounced the verdict in a packed courtroom, did not read out measures directed by the court to deal with such offences.
It may be mentioned that the court ordered the Centre and the States to implement the measures and file compliance reports within the next four weeks.


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