Representational image (Photo: PTI)
Guwahati, Oct 25: In the 19th century, lynching took place more frequently in the western countries before and after the American Civil War, to terrorise and control black people. The violent public acts that include extreme brutality have gained momentum in India in the recent past, that too with the application of the latest technologies. The disheartening fact is that despite reports of mob lynching making headlines, the National Crime Records Bureau (NCRB) does not maintain separate data for cases of mob lynching as it was observed that the data was 'unreliable'.
The apex court of the country, referred to mob lynching as a 'horrendous act of mobocracy' and directed the States to set up designated fast track courts in every district to exclusively deal with cases involving mob lynching. Despite certain provisions under the rule of law, mob lynchings continue unabated in India and the rise in the trend remains a conundrum.
The Paradox
"Moi Oxomiya hoi" (I am an Assamese)- With folded hands and blood smeared face, Nilotpal Das, repeatedly pleaded for life before the fuming mob on the fateful night of June 8, 2018, at Dokmoka in Karbi Anglong district of Assam. Nilotpal along with his friend Abhijeet Nath, never knew that they won't be able to see another light of the day. The duo, rumoured to be child lifters through fake social media messages, were mercilessly lynched. The entire Assam echoed similar sentiments demanding justice for the duo. However, the irony is four years have passed since the incident took place, but justice for Abhi-Neel is still awaited.
Another incident that shook the State was the death of Dr Deben Dutta, who was working as a senior medical officer at Teok Tea Estate Hospital in Jorhat. Dutta was held responsible for the death of a tea worker who did not receive treatment on time. Dutta was assaulted and the mob called for the doctor's lynching, delayed an ambulance arriving at the scene, and prevented Dutta from receiving medical treatment for his injuries. He later succumbed to his injuries. This incident sparked fear among the fraternity and seven doctors resigned, the Indian Medical Association (IMA) sought response from the Government following which a draft legislation titled- 'The Healthcare Service Personnel and Clinical Establishments (Prohibition of violence and damage to property) Bill, 2019' was prepared with an aim to curb growing violence on healthcare professionals by family and friends of patients.
This year in September, a mentally challenged person suspected of being a child-lifter was lynched to death by a mob in Dhemaji district. Another person suspected to be a child lifter was brutally beaten in Cachar district, he was later taken to the hospital and the SP urged people not to believe in rumours and refrain from taking law in their own hands.
Lynching cases from different parts of the country are reported, although most of them are linked to communal hatred, in Assam the trend drastically shifts to fake social media messages, witch hunting and vested interests. Moreover, while some cases come to light, others often go unnoticed.
A dark reality
States, including Manipur, Rajasthan, Jharkhand and West Bengal are promulgating their own legislations, however, they are doing so at its own pace as the bills are not yet implemented with the Union government taking a view that lynching is not defined as a crime under the IPC. Columnist cum lawyer from Guwahati who did not wish to be named, while speaking to The Assam Tribune said, "Having a uniform law which not only clearly defines what constitutes the crime, but also prescribes uniform procedure and punishment for the same is the need of the hour."
The uproar of a negatively charged crowd has claimed many lives. In 2017, NCRB collected data on cases of mob lynching, hate crimes etc. But it was discontinued as the data was unreliable as these crimes are not defined, the Ministry of Home Affairs had told the Lok Sabha on December 15, 2021.
The developments have once again ignited the debate on the steps that need to be taken to stop incidents of mob violence in the country. The first step in this direction was taken by the Supreme Court after it had set out preventive, remedial and punitive measures for the Central and State governments as well as law enforcement agencies.
Lacklustre laws
One of the major reasons behind the rise in mob lynching is impunity. As, the crowd has no face, the perpetrators get away with it. More so, the State has done little to shake that confidence.
Currently, an accused who is involved in the act of mob lynching will be tried under the rules of IPC (Indian Penal Code) and CrPC (Code of Criminal Procedure). The punishment for mob lynching is provided under the ambit of several sections of the IPC, including Section 302 (for murder), 304 (culpable homicide not amounting to murder), 307 (attempt to murder), Sections 323 and 325 (Dealing with punishments related to voluntarily causing hurt or grievous hurt respectively). Section 34 of the IPC deals with equivalent punishment to every person in a group for an act in furtherance of common intention. Whereas sections 143, 145, and 147 of the IPC deals with punishments related to unlawful assemblies, rioting, and use of criminal force or resisting the execution of the law.
"The legal procedures are usually lengthy and there is no specific act with regard to lynching, although some States have imposed a law on mob lynching, Assam is still lagging behind," said the lawyer.
He affirmed that such instances are frequently happening and ultimately most of the victims turn out to be innocent. "When the culprit goes out without any conviction, eventually people will start taking things for granted."
In 2019, the Supreme Court has asked the parliament to consider enacting a law to sternly deal with mob lynching and directed States that such cases should be tried by fast track courts, day-to-day hearings, and to form stringent punishment for the culprits and preferably conclude the cases within six months.
"Despite the call by the apex court, little seems to be done on the ground, take for instance the Abhi-Neel's case. Prompt action from the judiciary and investigating authorities is necessary, as mob attack is a collective criminality," said the lawyer.
A legal expert writes that the steps under the IPC and CrPC, coupled with the guidelines spelt out by the Supreme Court are sufficient to deal with such crimes. However, what we lack is due enforcement of the existing laws and accountability of the enforcement agencies.
What triggers violence?
Mob attacks have been related to unhealthy herd mentality that leads to adopting violent means when judicial course seems to be a tedious and lengthy process.
Herd mentality or mob mentality describes how people can be influenced or manipulated by their acquaintances to carry out certain acts that are largely emotional, rather than rational. Psychologists maintain that when individuals are affected by mob mentality, they may make different decisions than they would have individually. Moreover, lack of trust in the efficiency of judicial system also drives people to take law into their own hands.
"Lack of accountability, identity and anonymity associated with acts of mob attacks decipher the concept of deindividuation. An individual may not dare to perhaps take such a step, but when there is a mob or a group there is a flare of emotions which triggers one to take such an extreme step collectively," Dr Sangeeta Datta, Consultant Neuropsychiatrist from Aditya Medicity, Guwahati said.
Dr Datta further informed that collective amount of emotions may trigger more heinous crime and emotions are high in a group. Moreover, a mob also provides cover for the release of deep-seated emotions like- anger, frustration, fear, hatred, suspicion, prejudice etc.
"People are aware that when something is done collectively they will not be held responsible alone, and it is easy to escape punishment. Apart from communal or political angle, mob lynching is also done for personal grudges. Individuals take more time to act impulsively because whatever he does, the repercussions will have to be borne by himself, which is not the case when done in a group," said Datta.
On being asked about the role of social media, Datta affirmed that it is a very powerful media and it has both positive and negative impact. Datta added, "When a message is shared innumerable times, it gets distorted and it has the power to influence immature and impulsive minds easily. Hence, it is instrumental to keep a check on malicious content and at the same time, awareness needs to be created as often the information comes from trusted sources, including family and friends who do not even bother to cross check the same."
Diminishing the culture of impunity
The most common factor among all the incidents is that the entire episode of brutality was filmed and uploaded on social media platforms. From inciting a mob with rumours to filming the barbaric acts, social media has become a new weapon or a source of pride for the attackers. Lack of evidence while committing the crime is another factor to consider as those involved in spreading rumours or fake messages from the comfort of their home are equally responsible to those who actually commits the crime.
While it is indeed a law-and-order issue, lawmakers need to come up with some concrete steps to protect the citizens from the recurrent violence which cannot be allowed to become the new normal. Concurrently, the government needs to implement firm measures to control incidents of lynching, however, if it continues to be in denial just because there are no specific laws, then it is only encouraging the incidents by considering mob attacks as simple murders.