In
how much limit to do justice kill someone is valid and true? [lynching]
#lawinroutine
फर्क नहीं पड़ता हिंदू था या मुसलमान था,जुल्म जिस पर हुआ वो बेचारा तो एक
इंसान था। ज़हर भर चुका है उन मस्तिष्कों में जिनका आधार कभी संस्कृति हुआ
करती थी । दूसरों की विपदा दूर करने वाले संत वे , आज उन्ही पे विपदा आन
पड़ी ।
Lynching is an act of extrajudicial killing to do justice
by killing the offender who do injustice or an offence. The question
arises here is that , to do justice without any authority to kill by
civillians someone only on the assumption , without investigation report
, conclusive evidence is valid?
Mob lynching meaning……..
When above mentioned act done by a group of people is said to be mob
lynchingThe term lynch law refers to a self-constituted court that
imposes sentence on a person without due process of law.
Both terms
are derived from the name of Charles Lynch (1736–96), a Virginia
planter and justice of the peace who, during the American Revolution,
headed an irregular court formed to punish loyalists.
Vigilante
justice has been practiced in many countries under unsettled conditions
whenever informally organized groups have attempted to supplement or
replace legal procedure or to fill the void where institutional justice
did not yet exist.
Such conditions commonly give rise to acts of
genocide. Statistics of reported lynching in the United States indicate
that, between 1882 and 1951, 4,730 persons were lynched, of whom 1,293
were white and 3,437 were black. Lynching continued to be associated
with U.S. racial unrest during the 1950s and ’60s, when civil rights
workers and advocates were threatened and in some cases killed by mobs.
Mob lynching in india….
In the case of dadri , uttar Pradesh 2015. Where highly politics were
played over a religion for many purposes. This case was blot upon
humanity and the fraternity of india. In india . it is considered that
‘an ekta mein ekta’. The 2015 Dadri mob lynching refers to case of mob
lynching in which a mob of villagers attacked the home of 52 year old
Muslim man Mohammed Akhlaq, killing him, for suspicion of slaughtering a
cow. The mob consisting of local villagers, attacked Akhlaq's house
with sticks, bricks and knives, saying that they suspected of him
stealing and slaughtering a cow calf. 52-year-old Mohammad Akhlaq Saifi
(Ikhlaq according to some sources) died in the attack, and his son,
22-year-old Danish, was seriously injured. Later an Indian court found
prima facie evidence of meat that may have been either mutton or beef,
and ordered registration of a first information report against the slain
Mohammed Akhlaq.Later it was proved by a forensic lab in Mathura that
it was cow meat. The then state government changed the original report
and concluded that he was not storing beef for consumption.
But
in the end upon a petition , judicial magistrate Vijay Kumar at the
Surajpur district court issued direction under section 156 (3) criminal
procedure court , on a petition filed by a Bisara resident against
murdered Mohammad Ikhlaq and his kin . In the final conclusion of a
government based laboratory , it was held that meat was of cow.
In recent palghar case. Two saints was killed by the mob. The reason for killing is under investigation.
Punishment for lynching……
Section 302 [punishment for murder]. Indian penal code
Lynchers shall be liable for the punishment for imprisonment for life or death penalty.
Sec 307 [attempt to murder] Indian penal code
If the death was not caused, lynchers shall be liable for punishment
under sec 207 of Indian penal code for either description for a term
which may extend to 10 year or shall be liable to fine.
Sec 34 [common intention] Indian penal code
Every person indulge in the act of lynching shall be liable for the
same punishment irrespective of their individual act at the commission
of lynching.
Example… the person who kill or the person who provide
the weapon or the person who caught the offender victim . each of them
shall be liable for same punishment.
120A , 120B [criminal conspiracy] Indian penal code
If the lynching done with the full fledged intention with pre planning.
All the persons indulge in conspiracy to commit lynching shall be
liable for criminal conspiracy. In the cases of death, punishment shall
be of rigorous imprisonment for 2 years.
Other charges of offence under Indian penal code
charges under Sections 147 (rioting), 148 (rioting with deadly weapon), 149 (unlawful assembly
conclusion………
in any way the intention of lynchers is to do justice by killing the
assumed offender is also a crime. Killing of assumed is also against the
principle of natural justice like audi alteram partem by authority[
chance of a party to be heard ] , nemo judex non causa sua [ no one can
be judge in his own case]. Our tradition doesnot promote violation in
any mean and the very bad and blot upo fraternity among communities is
that the lynching takes a shape od discommunal harmony. Which having a
maximum chances to turn into a riot.
Thank you. #lawinroutine➽
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