Mob lynching refers to killing someone for an alleged offense without following any due process of law. It is not just “mobocracy”; it is a collective hate crime. Honour killing is defined as the killing of a relative, especially a girl or woman, who is perceived to have brought dishonour on the family. Rajasthan legislative assembly passed two important bills to curb honour killings and Mob Lynching in the state recently. Rajasthan has become the second state after Manipur which passed a law to curb lynching cases.

Body:

Provisions of Bill to prevent Mob lynching:

• Imprisonment and Fine: For the offence of an assault by mob, leading to the victim suffering grievous hurts, the bill provides for jail terms up to 10 years and a fine of ?25,000 to ?3 lakh and if victims suffer simple injuries the imprisonment is up to seven years and a fine up to ?1 lakh
• Conspiracy of Lynching: For plotting a conspiracy of lynching or aiding, abetting or attempting such an offence, the bill seeks to punish the offenders in the same manner as if he actually committed the offence of lynching.
• Prevention of Lynching: Bill empowers the state police chief to appoint a state coordinator of the rank of Inspector General of Police to prevent the incidents of lynching
• Other Offences Related to Lynching: Bill also enlists various other offences related to the lynching such as dissemination of offensive materials, propagation of hostile environment and obstructing legal processes, which would be punishable with jail terms varying from three to five years.
• Victim Compensation and Rehabilitation: Bill also stipulates the provision of compensation to victims by the state government as per the Rajasthan Victim Compensation Scheme.
• It also binds the state government to take necessary measures to rehabilitate the victims of mob lynching, suffering displacements from their native places.

Provisions of Bill to curb Honour killing:

• Punishment of death penalty or life imprisonment till natural death for killing a couple or either of them in the name of honour and with fine which may extend to ?5 lakh.
• If the couple or either of them is grievously hurt, the punishment will be from 10 years rigorous imprisonment to imprisonment for life and with fine of maximum ?3 lakh, whereas the punishment will be three to five years imprisonment with fine which may extend to ?2 lakh in case of simple injuries.
• Sub Divisional Magistrate or the District Magistrate shall receive any request or information from any person or persons seeking protection from any unlawful assembly, or from any other person who is likely to or who have been objecting to any lawful marriage.
• No person or group shall assemble at any time with the view or intention to deliberate on or condemn any marriage, not prohibited by law, on the basis that such marriage has dishonoured the caste or community tradition or brought disrepute to all or any of the persons forming part of the assembly or the family or the people of the locality concerned.
• Such gathering shall be treated unlawful and every person convening or organising such assembly, and every member, thereof, participating therein directly or indirectly shall be punishable with imprisonment for a term not less than six months, but may extend to five years and shall also be liable to fine which may extend to ?1 lakh.

Need for the legislations:

• Among the total number of mob lynching cases happened in India after 2014, 86% of cases of mob lynching reported in the Rajasthan.
• In Past five years in Rajasthan, 71 cases of illegal diktat given by ‘Khap Panchayats’ (caste councils which function like kangaroo courts) were registered and 10 cases of honour killing occurred in which four men and eight women were killed.
• Honour killing cases have increased in the past few years and have become a hurdle in societal development.
• Sections of the IPC and the CrPc were not adequate in dealing with such cases.
• Such crimes are also in violation of the United Nations Convention on the Elimination of all forms of Discrimination against Women which provide that women should have the right to freely choose a spouse.
• These actions of honour killing are also violative of certain fundamental rights in the Constitution of India, including the right to life, and liberty which includes the right to bodily integrity, and the right to choose whom to associate with.

Conclusion:

The bills uphold Supreme Court judgements about curbing Honour killing and anti Mob lynching. There is a need for the union government to enact a model law which can be emulated in the states.