.jpeg)
The Supreme Court on Tuesday said while hearing a plea filed against growing incidents of lynching and violence by vigilante groups across the country, saying nobody should be allowed to take the law into their hands. A bench headed by Chief Justice of India Dipak Misra said “horrendous acts of mobocracy” cannot be allowed to become the new norm.
"No citizen can take law into their own hands. In case of fear and anarchy, the State has to act positively. Violence can't be allowed," the Supreme Court bench, which also comprised justices AM Khanwilkar and DY Chandrachud, said.
"Citizens cannot take law into their hands and cannot become law unto themselves. Horrendous acts of mobocracy cannot be allowed to become a new norm and has to be curbed with iron hands," the court said, adding that states cannot turn a deaf ear to such incidents.
“There is no dispute that the act of lynching is unlawful but we are not concerned with any specific case since it has become a sweeping phenomenon with a far-reaching impact. It is our constitutional duty to take a call to protect lives and human rights. There cannot be a right higher than the right to live with dignity and further to be treated with humanness that the law provides,” the bench stated further.
The top court further asked the Parliament to see if a new law can be made to deal with cases of lynching incidents including cow vigilantism.
Holding both the Central as well as state governments responsible for protecting the lives of the citizens, the court has directed that the governments should take preventive, remedial and curative measures within four weeks and file a compliance report before the end of the said period.
The court observed that it is the duty of the state government to ensure that the law and order machinery works to preserve quintessential democratic and secular order.
“Mobocracy cannot take over… it cannot be allowed to become the new normal,” the apex court bench said in strong remarks. “The State cannot be ignorant of rumblings among people,” it added.
Among the preventive measures the state government has suggested is: “The State Governments shall designate a senior police officer, not below the rank of Superintendent of Police, as Nodal Officer in each district. Such 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 and identify Districts, Sub-Divisions and/or Villages where instances of lynching and mob violence have been reported in the recent past, say, in the last five years.”
The court further said that action was needed to strengthen inclusive and all-encompassing social order. “Recommend to the Legislature to create appropriate law against lynching. Law constitutes the foundation of a civilised society,” the court stated.
The Supreme Court order came on a plea seeking framing of guidelines to deal with such incidents of violence across the country. The PIL was filed by eminent persons like Tushar Gandhi and Tehseen Poonawalla. The court will hold further hearing on the PIL on August 28.