SC Declines Central Monitoring of Mob Lynching Cases

Why the news?

The Supreme Court ruled that it cannot centrally monitor mob lynching prosecutions across states, urging victims to approach local courts and authorities. It also rejected a plea for uniform compensation, stating it should be based on injury severity.

SC Declines Central Monitoring of Mob Lynching Cases

Supreme Court’s Stand on Monitoring Prosecutions:

  • The Supreme Court stated it cannot micro-manage criminal prosecutions of mob lynchings and communal violence across different states.
  • A Bench led by Justice B.R. Gavai emphasized that victims should seek justice through local courts and state authorities
  • The court reiterated that its 2018 Tehseen Poonawala judgment had already provided guidelines to prevent and investigate hate crimes.
  • Under Article 141, SC directives are binding on all courts and authorities across India.

Compensation for Victims: Court’s View

  • The petition sought uniform compensation for mob lynching victims, but the SC rejected the plea.
  • Justice Gavai reasoned that injury severity varies case by case, and a fixed amount would be unfair.
  • States should determine compensation based on the seriousness of injuries sustained by victims.

Legal Framework and Government’s Response

  • Solicitor-General Tushar Mehta stated that mob lynching is classified as a separate offence under new criminal laws.
  • Advocate Nizam Pasha, representing the petitioner, argued that state authorities are not fully complying with SC’s 2018 guidelines.
  • The petition also alleged that private groups with police-like powers were targeting minority communities in the name of cow protection.

Mob Lynching: Meaning, Causes, and Types:

  • Definition: Mob lynching occurs when individuals take the law into their own hands, violating human rights by killing others without due process.
  • State’s Role: It signifies state failure in protecting citizens’ fundamental rights under Articles 14, 15, and 21 of the Constitution.
  • Causes: Includes intolerance, biases, vigilantism, lack of speedy justice, inefficient police administration, and breach of duty of care by law enforcement.
  • Types in India: Includes communal violence, cow-related lynching, child-lifting suspicion, and theft-related attacks.
  • Legal Framework: The 2018 Tehseen Poonawala case outlined SC guidelines for preventing and investigating mob lynching cases.