Of what use a new law, Your Honour

The Supreme Court has repeatedly expressed its concern over the increasing incidents of lynching and mob violence in the country, and it has again come out strongly on the matter. Its latest proposal that a separate law may be enacted to curb mob violence is a measure of its seriousness and good intentions. A bench of Chief Justice Dipak Misra has said that parliament should enact a preventive and punitive law to put an end to “the horrendous acts of mobocracy” which are threatening to become a “new normal in the country”. It has also prescribed a number of other measures and guidelines to prevent and deal with mob violence, in continuation of some suggestions it has made in the past. While the court’s concern and the guidelines are welcome, there is no need for a separate law that treats mob lynching as a separate offence.

Lynching is murder, and there are enough laws in the country to deal with murder, physical violence, threats and other crimes involved in lynching. A separate law will not add anything and will not help. Mob violence and lynching arise from lack of respect for the law and a sense of impunity. So, there is a contradiction in prescribing a new law, which will be violated with as much impunity as the existing laws. It is the responsibility of the central and state governments to prevent lynchings and, if and when they occur, to book the criminals and bring them to justice. They are not doing that. In fact, the policies and practices of the Narendra Modi government and some states ruled by the BJP, and many statements of the leaders of these governments and the party have given miscreants and lynch-mobs the sense of impunity that has created an atmosphere conducive to lynching and violation of the law.

The phenomenon of lynching started with cow vigilantism. No effective action is taken against cow vigilantes and cases, even when they are registered, are not pursued. The culprits are praised and honoured even by Union ministers. In such a milieu, a new law will not be of any use. The court’s call for new legislation may even give the government an excuse not to deal with the problem. BJP leaders who have publicly supported those guilty of lynching and communal violence may stall any attempt to bring such a law. What is more important is its call for tolerance and preservation of “the secular ethos” and the pluralistic traditions of the country. Lynchings happen when that secular ethos is sought to be torn asunder. They will stop when the government of the day develops respect for the rule of law and the Constitution and acts accordingly and in the national interest.