Solution is elsewhere
Apex court does well to demand accountability for cow vigilantism. But curbing the crime will require political will
By: Editorial | Published:September 8, 2017 12:15 am
From
J&K to Maharashtra, Rajasthan to Assam, vigilante mobs have been
emboldened by the abdications of those in power and authority.
It
is heartening that a Chief Justice of India-led bench of the Supreme
Court has said, unequivocally, that cow vigilantism “must stop”. It is
reassuring that the apex court has raised the issue of responsibility,
not just for taking action after the crime has been committed but also
for its prevention. From J&K to Maharashtra, Rajasthan to Assam,
vigilante mobs have been emboldened by the abdications of those in power
and authority, and the general climate of impunity, to target
minorities and the vulnerable in the name of the cow. The SC’s firm
intervention serves as a much-needed call for accountability for a crime
that shames us all. Yet, having said that, the SC’s specific
prescription — it has directed all state governments to appoint a senior
police officer as the nodal officer in each district to deal with these
cases, and asked chief secretaries and DGPs to file status reports on
action taken to prevent them — raises questions.
It
is evident that states, primarily responsible for law and order, need
to be spurred to take action against groups that are challenging
government’s writ. The case of Mohammad Akhlaq, whose lynching in Dadri,
UP, in September 2015, triggered by suspicions that he was storing
beef, drew the nation’s attention to the new, brutal phenomenon that has
been chillingly mimicked in different states since, is illustrative: Two years later,
charges are yet to be framed against the accused in the local fast
track court. But is the appointing of a nodal officer in every district,
only for dealing with cow vigilantism, the most effective way forward?
How and on what basis will cases of violence in the name of the cow be
separated and prioritised from those that involve, say, communal
violence? The question is, essentially: Is the judiciary, once again,
going beyond enunciating the high judicial principle and treading into
matters of implementation, a domain it is ill-equipped for? While the SC
bench refused to accede to the petitioners’ plea to ask the Centre to
direct the states under Article 256 of the Constitution, which could
have invited accusations of encroachment of states’ rights, it could
itself be veering into the administrator’s turf against the spirit of
the separation of powers. The court could also be accused of tokenism.
Its directive does not address the systemic problems of a grossly
under-resourced police force, subject to political control. Its own
historic judgement on police reform in the famous Prakash Singh case,
more than a decade ago, still awaits implementation.
Read | Recalling cases of cow vigilantism, from J-K to Maharashtra, Rajasthan to Assam
The
fact also is that the recurring violence in the name of the cow is not
just a law and order problem. It draws upon a politics of brute
majoritarianism, of minority-baiting, bigotry and hate. Such violence is
also being emboldened on the ground because its perpetrators invoke the
ideology of the ruling Sangh Parivar. Prime Minister Narendra Modi has
spoken against cow vigilantism, but until he can ensure that his message
is heeded by his own party and government, cow vigilantism will
continue to take its terrible toll.
