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Research Paper | Law | India | Volume 12 Issue 12, December 2023 | Popularity: 4.2 / 10

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Understanding and Addressing Mob Lynching: Historical Perspectives, Legal Challenges, and Pathways for Reform in India

Shaziya Sagar Durrani, Mohammad Hussain

Abstract: Mob lynching, one of those horrific hate crimes in which a person is targeted by a group of people, and the violence is equivalent to crimes against human body or property, both public and private. It is a disturbing phenomenon characterized by the extrajudicial killing of individuals by a group of people, acting together, target and illegally kill a person. The Supreme Court of India has referred to these mobs' horrific acts of mobocracy as Horrendous acts of Mobocracy. [https://m.thewire.in/article/rights/two-years-since-sc-judgment-the-spectre-of-mob-violence-continues-to-loomlarge/amp/Retrieved on 7th june, 2023] This research paper aims to provide a comprehensive understanding of mob lynching, its historical context, root causes, consequences, and potential solutions to address this issue. By examining various factors influencing mob mentality, such as social media, polarization, and the lack of effective law enforcement, we can gain insights into the dynamics that contribute to mob violence. The paper also analyzes the legal and judicial perspectives, including international human rights frameworks and national laws, to assess the response to mob lynching and the effectiveness of the Justice system. Through case studies, the research delves into notable mob lynching incidents, providing deeper insights into the factors involved. Lastly, in this paper, emphasis has been laid on the provisions of Indian Penal Code under which the incidents of lynching are currently being addressed. Based upon the analyses of these provisions, paper attempts to address the broader issue pertaining to the need of a separate legislation or an amendment to the Indian Penal Code, in order to deal with the offence of lynching and concludes with recommendations for legislative and policy measures, strengthening law enforcement, and promoting education, awareness, and intercommunity dialogue to combat mob lynching and create a safer and more just society.

Keywords: mob lynching, criminal justice system, rule of law, hate crime

Edition: Volume 12 Issue 12, December 2023

Pages: 932 - 940

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