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July 19, 2018

Stand Up To Mobs: SC realised gravity of lynching menace, proceeded full throttle. Government must follow

The Times of India
July 19, 2018 in TOI Editorials | Edit Page, India | TOI

Stand Up To Mobs: SC realised gravity of lynching menace, proceeded full throttle. Government must follow
 
What stands out about Supreme Court’s preventive, remedial and punitive directives to curb lynchings that central and state governments must undertake is that these could easily have been initiated by governments without any need for judicial intervention. By denouncing the new wave of mobocracy in the strongest possible terms, Supreme Court has lived up to its reputation as the last resort for citizens when fundamental rights are threatened. The court’s activist stance is in stark contrast to the silence of top political functionaries at the central and state levels – sometimes even implicit encouragement as when Union civil aviation minister Jayant Sinha garlanded lynch convicts.
Like corruption during UPA-2, the spate of lynchings since September 2015 when Mohammad Akhlaq was killed by a mob at Dadri in Uttar Pradesh threatens to cloud the NDA government’s record. By the time Congress recognised the slide and passed a rash of anti-corruption laws it had lost the perception battle. Something similar threatens BJP now and it must set in motion SC’s directions at the Centre and in BJP-ruled states. Mobs running amok without fear of the law are putting at risk India’s reputation as a tourism and business destination, if the marginalisation of minority communities and setting aside of rule of law are not reasons enough to act.
SC has directed police officers to use their statutory powers to disperse mobs, identify potential troublemakers and all areas with a history of mob violence, conduct constant patrolling of sensitive areas and lodge FIRs for inciting violence and spreading explosive messages. It also prescribed awareness campaigns, fast tracking of cases, quick victim compensation and free legal aid. More importantly, SC wants police officers who contravene these directions punished. For that reason among others, the court has asked Parliament to enact a separate offence for lynching.
Centre must direct states to effectively police those who disseminate social media messages that incite or threaten violence. This can significantly retard the otherwise rapid proliferation of violent messages and serve as a warning to mobs. Fast track courts to try lynching cases must be set up and Parliament must enact a law on the lines suggested by the apex court. But more than any legislation, what is needed is political will. Government must act before more lives and livelihoods are threatened.
This piece appeared as an editorial opinion in the print edition of The Times of India.