Loophole legal system!

From the past, we can see many black chapters of human history in which people were lynched by mobs without giving the victim any chance to protect himself or herself. Be it witch-hunting or honour killing. Even though, many a time mob lynching was used to harm a particular community or to kill some innocent people, but it could be acceptable in an uncivilized society in the absence of reformed laws. But when people are killed in mob lynching in a civilized society where rule of law is followed, it's totally unacceptable to see such heinous crimes. Two years ago, when Abhijeet Nath and Nilotpal Das were lynched by a mob, people gathered on street for justice. But till now the families of Abhijeet and Nilotpal are waiting for justice with the hope that one day they will see the killer of their sons hanging till death. Again a few months ago, two Hindu Sadhus were killed just on a WhatsApp rumour of thieves in Palghar district of Maharastra. A few days ago Sanatan Deka and now recently Debashis Gogoi in Gabharu Parbat were killed by a mob. Sanatan Deka was killed just because of a small accident where his cycle made a scratch on Jalil Ali's scooter. And similarly, Debashis Gogoi was also killed over a small issue.

In a civilized society, we have judiciary system to deliver justice. No doubt, our judiciary system may not be the perfect one. It might be too expensive for someone (the provision for free legal aid is available under Article 39A of the Constitution of India) or someone might hesitate to knock the door of the court, thinking it might be lengthy in nature. But it doesn't mean that we should have to distrust our judiciary system. Through various amendments and through many historic judgments, our judiciary system is improving day by day. If someone is doing something wrong, being a responsible citizen, it is the duty to inform the nearest police authority. If the police officer isn't responsing, or misbehaving, then also we have legal provisions to take action against the police officer. Many leaders sacrificed their lives to make India a great nation; our jawans are sacrificing their lives just to make sure we live in a safe country. But the big question is that who will protect us when demons are roaming inside the nation?

The main reason for the failure in preventing mob lynching is the lack of proper legislation. The wrong doers of mob lynching are usually charged under Sections 300, 302, 304A, 339 of IPC. But there is no proper law to deal with the mob lynching. State-wise only Manipur and Rajasthan have the law against mob lynching. Protection against Lynching Bill 2017 commonly known as MASUKA (ManavSurukshaKanoon) was introduced in 2017. But till now it doesn't become an Act which would be applicable throughout the territory of India. Again introducing an Act won't be enough to prevent this heinous act unless and until people are morally educated. People should be educated about the consequences of such crime and unbearable pain suffered by the victims as well as the families and the friends of the victims. The Government should immediately look into this matter before we lose another Debashis or Abhijeet. The Supreme Court of India in Tehseen S Poonawallavs Union of India and others laid down certain guidelines to prevent mob lynching. The Apex Court specifically mentioned that the person involved in mob lynching should be punished with the maximum sentence under the provisions of IPC. But unless and until proper mob lynching prevention legislation is enacted, it will always remain as a loophole to our legal system.

Shyam Krishna Kalita,

Advocate, Guwahati