LEGISLATIVE MECHANISM AND JUDICIAL RESPONSE TO MOB LYNCHING IN INDIA
DIAGNOSIS AND PROGNOSIS
The social fabric of India is under threat of rupture from increasing incidents of mob lynching and rising vigilantism. Because of lack of a central legislation specific to mob lynching in India, these incidents go unrecorded and the hate element behind them goes unaddressed. Politicization of this hate is disrupting the secular and democratic structure of the India. The Supreme Court has issued notice on 26 July, 2019 to Central Government, State Governments and National Human Rights Commission on a plea seeking implementation of the Court’s judgement in Tehseen S. Poonawalla v. UOI & Ors. In this judgement the Apex Court has given directions to the aforementioned authorities to take preventive, remedial and punitive measures in order to curb this grievous. The paper critically
appraises, points out possible drawbacks to the proposed legislations and suggest alternatives. Even though some jurists support creation of new laws to curb this issue, others believe that multiplicity of laws will not address the root of this problem, which is ineffective implementation. In line with the judgements of the Apex Court, the paper proposes that the need of the hour is to enact a ‘central legislation’ for giving effect to India’s obligations in terms of Constitution and international human rights instruments, rather than state specific legislations.
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