Bills passed against lynching in the past four years by at least three States ruled by BJP rivals and one by the party itself have not been implemented, with the Union government taking the view that lynching is not defined as a crime under the Indian Penal Code (IPC).
Government Arguments:
According to the Home Ministry, there was “no separate” definition for lynching under the IPC, adding that lynching incidents could be dealt with under Sections 300 and 302 of the IPC which pertain to murder.
Reasons behind the mob lynching:
India lacks any comprehensive law on the mob-lynching. Even it has not been identified as separate crime.
Mob mentality curtails any rational thinking and allow mobs to go on rampage which can lead to unthinkable crimes.
Cases of mob-lynching haven’t been dealt strictly. It has not created any fear among culprits.
Political parties go easy on the culprits of the mob-lynching due to vote bank politics. Generally the victim of mob-lynching belong to the minorities who do not control vote banks.
Social media growth has led to rise in speed of communication which even allows faster spread of rumour leading to mob lynching.
High unemployment among youth has led to frustration resulting into crimes and violent activities.
It is often committed by the majoritarian communities to highlight their power on the minority groups.
Supreme Court guidelines:
The state governments shall designate a senior police officer in each district for taking measures to prevent incidents of mob violence and lynching.
There was a need to enact a special law as it would instill a sense of fear amongst those was involved in mob lynching.
It had said it was the duty of state governments to ensure law and order in the society, besides ensuring that the rule of law prevailed.
