Supreme Court seeks anti-lynching law from Parliament and puts onus on Centre and states, even as religion-based compensation finds no takers

The Supreme Court of India on Tuesday took a tough stand against cow-vigilantism and associated violence by seeking confirmation from the Centre and states over the implementation of its measures and by seeking legislation and creation of an anti-lynching law by Parliament.

'No citizen can take law into their own hands', said Chief Justice of India (CJI) Dipak Misra while pronouncing the verdict in the matter. He condemned cow-vigilantism related lynchings and 'mobocracy' and reiterated the measures that had been laid down by the Supreme Court for such cases. Stating that it is the duty of the state to ensure that the machinery of law and order functions efficiently in maintaining peace, the court sought a compliance report from both Centre and states in four weeks. 

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Here are the measures laid down by the Supreme Court to curb people taking the law into its own hands and resorting to lynchings and Cow vigilantism:

Preventive measures:

- State governments shall designate, a senior police officer, not below the rank of Superintendent of Police, as Nodal Officer in each district. 

- Nodal officer shall be assisted by one of the DSP rank officers in the district for taking measures to prevent incidents of mob violence and lynching.

- They shall constitute a special task force so as to procure intelligence reports about the people who are likely to commit such crimes or who are involved in spreading hate speeches, provocative statements and fake news.

- State governments shall forthwith identify Districts, Sub-Divisions and/or Villages where instances of lynching and mob violence has been reported in the recent past, say, in the last five years. The process of identification should be done within a period of three weeks from the date of this judgment. 

- Nodal officer, so designated, shall hold regular meetings (at least once a month) with the local intelligence units 

- Nodal Officer shall also make efforts to eradicate hostile environment against any community or caste which is targeted in such incidents.

- Home Department of the Government of India must take initiative and work in co-ordination with the State Governments

- Central and the State Governments should broadcast on radio and television and other media platforms including the official websites of the Home Department and Police of the  States that lynching and mob violence of any kind shall invite serious consequence under the law.   

- Central Government as well as the State Governments to take steps to curb and stop dissemination of irresponsible and explosive messages, videos and other material on  various social media platforms which have a tendency to incite mob violence and lynching of any kind. 

Remedial Measures:

- Jurisdictional police station shall immediately cause to lodge an FIR, without any undue delay

- Station House Officer to ensure that there is no further harassment of the family members of the victim(s). 

- Investigation in such offences shall be personally monitored by the Nodal Officer

- State Governments shall prepare a lynching/mob violence victim compensation scheme within one month from the judgment. 

- Compensation scheme must also have provision for interim relief to be paid to the victim(s) or to the next of kin of the deceased within a period of thirty days of the incident of mob-violence/lynching. 

- Trial court must ordinarily award maximum sentence as provided for various offences under the provisions of the IPC.

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The verdict came as a setback to the lobby that had sought differential compensation to lynching victims based on caste and religion. During the hearing on July 3, CJI Misra had disagreed with noted lawyer Indira Jaisingh who was appearing for the petitioner and had opined that mob lynchings constitute 'targeted violence' based on caste and religion. The CJI said to this that "anyone can be a victim" and not just those who are targeted on the basis of caste and religion.

READ | 'No', Says CJI On Suggestion To Compensate Lynching Victims Based On Religion And Caste

He had then added that compensation in such cases will be based on the nature of the injury and not the religion or caste of the victim.

Following that, the Supreme Court bench reserved its judgment on the PILs against rising incidents of cow vigilantism and said that it would pronounce a detailed verdict on the issue in due course. Even then, the CJI had put the onus of preventing such incidents on the states, saying that it was a law and order issue and that the states need to be made responsible.

On September 6, 2017, the apex court had asked all the states to take stern measures to stop violence in the name of cow protection, including the appointment of senior police officers as nodal officers in every district within a week and to act promptly to check cow vigilantes from behaving like they are a "law unto themselves".