ABSTRACT

[Lynching is a form of punishment for alleged

PRATEEK TRIPATHI
SOCIOLOGY

[MOB LYNCHING
IN INDIA]
ICFAI LAW SCHOOL

DEHRADUN

RESEARCH PAPER

ON

MOB LYNCHING IN INDIA

ABSTRACT :

There is a high rise in Mob Lynching in India. Lynching is not defined under the
Indian Legal System and there are no punishments in regards of lynching. In India lynching
was first reported in the Khairlanji Massacre, 2006. During the year 2018 we have been
observing a total number of 19 cases where 11 cases happened in the month of June and 3
cases in month of July.

The term ‘lynch’ refers to a self-constituted court that imposes sentences without the process
of law. The term is derived from the name of two Americans Charles Lynch and William
Lynch, who lived in Virginia. The duo headed a court to punish loyalists during the American
Revolution.

Lynching is a form of punishment for alleged criminal offenses and is performed by mobs or
vigilantes without following the law. The victims are often tortured, harassed, beaten and
killed. All these are done under the pretext of administering justice and of course without
trial.

Lynching is a serious crime and a punishable offence and it should be included under various
offences given in the Indian Penal Code. Awareness programs should be created so that the
people are aware that lynching is a serious offence and not to take part in it. It is the duty of
the Government to punish a criminal; a layman should not take law into his own hands.

Keywords : lynch, offences, punishments, victims, legal authority, cow vigilantism

Lynching has been a new trend in India. We have been observing a number of cases
regarding lynching in India. Some of the reasons are fair yet some are valueless. Many
innocent have been brutally tortured and some even lost their lives. The increase of Lynching

in India shows a strange barbarous behaviour of Human during the 20th century. Lynching
involved injury or murder of a person who is a criminal or accused of a crime against
the community. One of the strangest reasons for lynching today is cow slaughter,
cattle smuggling or beef consuming. Whoever has brought in such ideology that India
belongs to Hindus as Hindus are majority in India and cow is our holy animal and any
kind of ill treatment towards cow is a crime against Hindus, they should be considered
as anti-nationals as they are the ones spreading hate speech against another
caste or community. The concept of Hindutva within their Hindu community is acceptable
but one cannot force Hindutva all over India it restricts a person’s freedom to practise its own
religion under Article 25 and also is a type of discrimination towards the minority
on the grounds of religion, race, caste, etc. under Article 15 of the Indian Constitution.
India is a diverse nation which is true that Hindu is the majority taking India as a
whole, but we should also remember that all the states joined together forms India and
not all states are Hindu majority. Forcing the ideology of Hindutva all over the states of
India can bring in a Civil war. This paper will be dealing with a study on various cases
relating to lynching all over India.

ORIGIN AND DEFINITION OF LYNCHING

The origin of the word ‘lynch’ is said to have originated during the American Revolution
phrased as ‘Lynch Law’ which is a punishment without trial. The word ‘lynch’ or ‘lynch
law’ has been derived from two Americans known as Charles Lynch and William Lynch
who were from Virginia . During 1782, Charles Lynch had wrote that the ‘Loyalist’ or
‘Tories’1 who were supporters of British side were provided Lynch Laws to deal
with the ‘Negroes’2. According to English dictionary, lynch means to put to death,

1
a colonist who supported the British side during the War of American Independence
2
a member of any of the dark-skinned indigenous peoples of Africa and their descendants eleswhere
especially by hanging, by mob action and without legal authority. In other words, lynching
is an unlawful murder by an angry mob of people.

Rise of mob lynching in India

India is observing a high rise in cases relating to lynching. When the people take
law into their own hands it can be dangerous for the victim who is in threat of their lives. We
cannot particularly state the reason for a mob lynching, but we do know that the victim has
committed a certain crime towards that community hurting their sentiments where
there maybe lack of legal action taken by the government leading the people to take
law into their own hands. Mostly the victims of Lynch in India are minorities of that
particular area such as Dalits3 and Muslims. There are many cases where we
observe a Muslim being lynched in India. Some of the uprising reasons for mob lynching
are the simplest reasons which could have been solved in a manner without violence. We
should remember that India is a diverse nation, even though Hindu is the majority the
citizens of India does not restrict only to those who are Hindus. Muslims and Hindus
as well have contributed equally and fought for the nations Independence. In a historical
view we would also observe that as a whole amongst the population Hindu is a
majority but if we calculate the majority within the states we would observe that
Hindus are also minors in some states. And in those lands Hindus cannot claim the
territory stating that it falls in India and it will belongs to Hindus. Muslims, Hindus, Jains,
Sikhs, Parsis, Buddhists and Christians together as a whole combined create an Incredible
India. Hence, all Indians should be considered as our brothers and sisters and we should
not cause any hate crimes such as lynching against any minorities but instead protect
each other. Hindus consider the Cow as a Holy animal while Muslims and Christian
consume cow as part of their meal. Some of the Muslims have been lynched in the name of
cow slaughter.

Cases Relating to Mob Lynching in India:

1. Kherlanji Massacre 2006:

On 29th September 2006, the first case reported in India relating to lynching. It occurred
at Bhandara district in the state of Maharashtra. The lynching was due to a land dispute

3
(in the traditional Indian caste system) a member of the lowest caste
where a mob of at least 50 villagers barged into the house of the victim beating four
members of the family and parading naked the wife and their daughter before they
murdered them.

2. Dadri Lynching 2015

On 28th September 2015, an incident of lynching occurred at Bisara village, Uttar Pradesh.
A group of Hindu Mob had lynched Mohammad Akhlaq and his son Danish accusing
them of stealing and slaughtering a cow calf and storing the meat for consuming. This was the
first case of a Hindu Mob lynching a Muslim in the name of cow or beef.

3. Chatra District Lynching 2016

On 18th March 2016, Mazlum Ansari (32 years old) and Imteyaz Khan (15 years old)
were brutally lynched by a mob known as ‘Gau Rakshak’4 who is cow vigilantes at
Chatra a district of Jharkhand. They were accused of cattle smuggling but in reality they
had a cattle market and were on their way to sell eight oxens.

4. Delhi Lynching 2017

On 25th May 2017, an e-rickshaw driver was lynched by a mob of students from Delhi
University. The incident occurred after the driver had stopped two drunken students
from urinating in public which later they had returned with a group of students to lynch the
driver.

5. Dhule Lynching 2018

On 1 July 2018 The five, all related and members of the nomadic5 Gosavi community, were
killed by a mob of over 3,500. The reason behind the lynching was the rumours about the
presence of a gang who kidnap children and sell kidneys.

6. Ahmedabad lynching 2018

On 26 June 2018 40-year-old Shanta Devi was beaten to death by a mob of 30 people in
Ahmedabad on the suspicion of being a child trafficker. A message ‘child lifters in the area’
was doing the rounds on social media and that triggered the lynching. The complaint filed by

4
Saviour of cow
5
known as a group of communities who travel from place to place for their livelihood
the victim’s sister-in-law mentions that they along with two other women were travelling in an
auto-rickshaw when the attack happened.

7. Bengaluru lynching 2018

On 23 may 2018 a 26-year-old construction labourer from Rajasthan was allegedly lynched on
suspicion of being a child snatcher. The Chamarajpet Police have arrested 14 people in the
case. The victim was attacked based on WhatsApp rumors about child-trafficking gangs on the
prowl in the city.

8. Hapur lynching 2018

On 18 June 2018 following rumours of cow slaughter, a man was lynched in Hapur district of
Uttar Pradesh. Initially, police denied cow slaughter to be the reason behind the lynching. But
later videos of the incident shows a mob beating the man and asking him to confess that he
slaughtered a cow. Later, police admitted cow slaughter the reason behind the lynching.

Indian laws against mob lynching

The Indian legal system processes in a systematic manner. A person accused of a crime
cannot be punished immediately. The accused must first go through a trial at court where
the judge will give a judgement whether the person is innocent or guilty of his crime.
After he is found guilty, Offences and Punishments under the Indian Penal Code will be
applied according to his crime. The people fail to understand the process of the
judicial system in India as there are many who lack education on law. The citizens should
be taught of their rights and duties given by the nation which is a big failure today.
Schools does not reach towards the subjects of law in depth while for higher education
many parents send their children to study engineering, doctor, architecture where these
courses do not reach towards subjects of law. Many people today are not aware of what rights
and duties they are provided by the constitution. The people should also be aware that
the Indian judicial system follows a systematic way to process its orders. Punishing
of a criminal is one of their main functions which can take a long time to prove a
criminal guilty as a criminal is also given his right to appeal against an order given by
a lower court. A criminal can be punished under offences relating to rape, murder,
illegal activities of cattle smuggling, animal cruelty, and those which affects the rights
of another living being. The kinds of punishments given to these criminals may be
given towards the crime they have committed starting from fine, imprisonment, fine with
 imprisonment and if a serious crime is committed the person will be given life
imprisonment. A criminal should be punished but the practise of mob lynching is not the
way to punish a criminal. Lynching is a serious crime as it deals with a murder of a person by
a group of angry mob without any legal authority. Any person acting against the legal
authority is an illegal act and can be punishable by the court. The Indian Legal system
has no definition and punishment regarding lynching. There is a need for a law based
on lynching as it also falls under a crime committed to a person against the governments
wish.

Why should mob lynching be stopped & some of the solutions to stop mob lynching6

In India all people are given equal treatment as stated by our constitution, ‘every person has the
Right to equality’. A person has the right to prove innocent of his guilt at the court. If a lower
court passes an order stating that he has been found guilty, he can appeal towards a higher
court. Similarly, even criminals are given this right to equality towards proving their guilt
is innocent. Sometimes the process of punishing a person can be a long process were years
are being taken to give a proper judgement to prove a criminal guilt or to bail him out of
prison. This system of slow process of final judgement by the judiciary is done as to
make a careful statement towards judging a person. It is for the benefit of all people but
some fail to understand the system. In some cases it leads to anger of the people enraging
them to protest and take law into their own hands as we have observed in the Dimapur
lynching case during the year 2015. It is not the duty of a layman to take law into their own
hands and punish the criminal in the most brutal of ways. If the people are not satisfied with
the functioning of the judiciary, they should approach the judiciary in another manner
without violence. The nation is for the people and the people if they get together and
mend the judicial system by giving in solutions and ideas of how to function well would be a
more professional manner and state how educated and learned one is. But our people fail
such sort of education and decency to think of solutions without violence.

6
www.academicsjournal.com
 Conclusion & Analysis

From the first case of lynching observed in the Kherlanji massacre we have observed a
number of lynching cases today. It is becoming a normal trend for Indians to lynch someone
whom they feel is wrong and have hurt the sentiments of the people. Are the people
against the actions of the government where they feel taking law into their own hands is a
better decision we cannot conclude what exactly the people have in mind. Encouraging
a person to involve in lynching is also one of the main reasons for brutal lynching to take
place. In the month of June 2017 we have observed 5 cases of lynching where it proves that
there is a public disorder in the society today. People are enraged for a reason further
turning them barbarous even the innocent will be encouraged to involve in the
lynching. It is high time that the Indian legal system includes lynching as a serious
crime and those involved in it to be punished severely. The people have to be made
aware and educated that lynching is a serious crime. Awareness drive or campaigns such as
the Not In My Name should be encouraged by the civilians. Infrastructures have to be
improved in police stations and jails and it would be great to have a separate
professionalized squad with all the proper equipments needed in cases of lynching all
over the states of India.
 BIBLIOGRAPHY

 https://www.dailykos.com/stories/2013/10/19/1248877/-Origins-of-English-
Lynching
 https://www.definitions.net/definition/lynching
 Waldrep, Christopher. Lynching and Mob Violence In Finkleman, Paul.
Encyclopedia of African American History 1619-1895. 2. New York
City: Oxford University Press, 2006, 308
 https://www.thequint.com/voices/opinion/mob-lynching-hindu-nationalism-
in-india
 https://www.thefreedictionary.com/Negroes
 www.newslaundry.com/2017/07/04/mob-lynchings-in-india-a-look-at-data-
and-the-story-behind-the-numbers
 https://www.thehindu.com/opinion/Readers-Editor/Khairlanji-the-crime-and-
punishment/article16149798.ece
 https://timesofindia.indiatimes.com/city/noida/akhlaq...get...dadri/.../61085617.c
ms
 https://www.indiatoday.in › India › Jharkhand
 http://www.freepressjournal.in/webspecial/2-months-11-states-20-lynching-
cases-23-deaths-is-social-media-turning-anti-social-at-the-hands-of-rumour-
mongers/1312168
 https://thelogicalindian.com/opinion/india-doesnt-have-law-against-
lynching/
 www.academicsjournal.com