Why has this article been published?
Dismayed by the increasing number of cases of lynching across the country, the Supreme Court gave some directions last month.
Observations made by the court
- The court took note that what may have started out as isolated acts by fundamentalist right-wing groups has now become a widespread malaise.
- When any core group with some kind of idea take the law into their own hands, it ushers in anarchy, chaos, disorder and, eventually, there is an emergence of a violent society.
Directions given by the court
- It is the responsibility of the States to prevent untoward incidents and to prevent crime.
- The preventive guidelines require every State to designate a senior police officer, not below the rank of Superintendent of Police, as the Nodal Officer in each district.
- This officer will constitute a special task force to collect intelligence on persons likely to commit such crimes or who are involved in spreading hate speech, provocative statements and fake news.
- Nodal Officers, upon being designated, have been directed to take steps to prohibit instances of dissemination of offensive material through different social media platforms or any other means.
- Additionally, both the Central and State governments have been directed to broadcast public notifications on radio, television and other media platforms informing the public of the consequences of taking the law into their hands.
- Amongst the remedial measures, the Supreme Court has directed that in case of an incident of lynching or mob violence, the jurisdictional police station shall immediately lodge a first information report (FIR).
- The Station House Officer, in whose police station such an FIR is registered, shall intimate the Nodal Officer whose duty it will be to ensure that the victim’s family members are not further harassed.
- Nodal Officers have been made duty-bound to ensure that investigation and prosecution of such cases is strictly carried out, the charge sheet filed within the prescribed time period, and the trial concluded through fast-track courts within six months.
- The court has also directed that upon conviction, the maximum sentences provided for various offenses be awarded, and this should hopefully act as a deterrent.
Way forward
- The executive must immediately implement the directions of the Supreme Court.
- It is not just the attackers who must be brought to justice; the role of the police must be investigated.
- We need more than just laws to deal with the deep-rooted hate which appears to have set in below the surface and is corroding our moral fiber.
Conclusion
Deep-seated insecurities are being stoked, especially among young people frustrated by the lack of employment opportunities, to spread a fundamentalist agenda. This agenda cannot be fought by court directives, legislation and police procedures alone. It must be fought politically.
