Uttar Pradesh Law Commission Chairman Justice (Retd.) A.N. Mittal submitted a report on mob lynching, along with the draft Bill, to Chief Minister Yogi Adityanath on July 10,suggesting ways to curb the menace of mob lynching in the state. The chairman of UP law commission said that the commission is tensed over the increasing cases of mob lynching in the country including those by cow vigilantes.
The commission did a thorough study of increasing cases of mob lynching before submitting the report. In its 128 pages report the commission has cited several cases of mob lynching in recent years. The commission took a suo moto on this issue and mentioned 50 incidents of mob lynching from 2012-2019 including the following cases:
The 2015 killing of Mohammed Akhlaq in Dadri on the suspicion of beef consumption.
It mentioned the killing of Inspector Subodh Singh on December 3, 2018, in a clash between police and Hindutva groups in Bulandshahr after cattle carcasses were found in a field.
The Chairman noted that mobs were now turning on police as well.
“Incidents of mob violence have taken place in districts of Farukkhabad, Unnao, Kanpur, Hapur and Muzaffarnagar. Police are also becoming victims as people have started thinking of them as their enemy,” Mr. Mittal said in the report.
“The killing of a head constable in Ghazipur and a jail warden are examples of this,” he said.
The commission said that the existing laws are not sufficient to combat the increasing cases of lynching and focused on the need of a strict law to tackle the problem.
The commission recommended a punishment ranging from a jail term of 7 years to life imprisonment along with a heavy fine if the victim dies.
The panel suggested that such a law may be called the Uttar Pradesh Combating of Mob Lynching Act, the Commission specified the responsibilities of police officers and district magistrates, spelling out the punishment for failing in their duty.
The panel said the law should also provide for compensation to the family of the victim for grievous injury or loss of life and property.
There should also be provisions for the rehabilitation of the victims and their families, it said.
According to the report only Manipur is having a separate law for dealing with the cases of mob lynching and Madhya Pradesh is soon going to enact a law to tackle the cases of mob violence.
The panel has studied the laws of different countries and referred to the judgement of Supreme Court while preparing the draft for the legislation.
It suggested punishment for conspiracy, aid or abetment in such cases, as well as for obstructing the legal process.