Summary
The Supreme Court issued nationwide preventive, remedial and punitive directions against lynching and mob violence, affirming the State’s duty to protect life, dignity and lawful adjudication. It required district nodal officers, effective investigation, victim compensation and trial safeguards, and action against defaulting officials. It separately recommended a specific legislative offence and required compliance reports within four weeks.
Issues
- What preventive, remedial and accountability measures were necessary to protect citizens against lynching and mob vigilantism.
Provisions considered
- Article 21, Constitution of IndiaThe protection of life and dignity requires lawful investigation and adjudication, and positive State protection against mob violence. (¶¶ 23, 34, 39, 42)
- Section 129, Code of Criminal Procedure, 1973Police directed to use lawful dispersal powers against mobs tending towards violence or lynching. (¶ 40)
- Section 357A, Code of Criminal Procedure, 1973States directed to formulate lynching-victim compensation schemes within one month, including interim relief within thirty days of the incident. (¶ 40)
- Section 153A, Indian Penal Code, 1860FIR registration directed under this and other relevant provisions for dissemination of material likely to incite mob violence or lynching. (¶ 40)
Held
- Vigilantes cannot investigate, adjudicate or punish suspected offences. Citizens may inform law-enforcement authorities; the State must protect every person’s life, dignity and lawful process irrespective of community. (¶¶ 15, 17, 18, 19, 23, 34, 39, 42)
- Each district must have a nodal officer of at least Superintendent of Police rank, assisted by a DSP and an intelligence task force. States must identify vulnerable areas within three weeks; district monthly and State quarterly reviews, sensitive-area patrolling and lawful dispersal were directed. (¶ 40)
- Union and State measures must include coordination, public warnings, curbing inciting social-media material and relevant FIRs against its disseminators. The Union must issue appropriate directions or advisories to States. (¶ 40)
- Lynching incidents require immediate FIRs, nodal-officer monitoring, protection from further family harassment and charge-sheets within the statutory period. Compensation schemes must cover physical and psychological injury, lost earnings and opportunities, and legal and medical expenses, with interim relief within thirty days. (¶ 40)
- Designated district courts must conduct day-to-day trials, preferably within six months of cognizance, including pending cases. Upon conviction, maximum statutory sentences should ordinarily be imposed. Witness protection, timely notice and hearing for victims or next of kin, written submissions and optional panel legal aid were directed. (¶ 40)
- Noncompliance by police or district officials warrants appropriate negligence or misconduct action, beyond merely departmental proceedings where appropriate. Departmental action should preferably conclude within six months; officials failing to prevent known incidents or promptly prosecute perpetrators face disciplinary action. (¶ 40)
- Central and State Governments must implement the measures and file compliance reports within four weeks. Creating a separate lynching offence was a recommendation to Parliament, not an offence created by the judgment. (¶¶ 41, 43, 44)
Result
Directions issued; compliance reports required within four weeks. Matters listed for further directions on 20 August 2018. Parliament advised to create a separate lynching offence.