Clear Anti-mob lynching Bills passed by Manipur, Rajasthan and West Bengal
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As you know mob lynching of religious minorities (esp. Muslims and Christians), Tribals and Dalits have not stopped even after stringent guidelines passed by the Supreme Court of India. The Supreme Court had urged the Parliament to consider bringing a special law against mob violence. Similarly, state governments too were directed to take strict action not only against the culprits but also against those officials who show laxity in stopping such a crime. Recently, while listening to a follow up Appeal, on 26 July 2019, the Supreme Court has issued notices to the Union of India, National Human Rights Commission and 10 states for not implementing its order.
Three states have come forward with their legislation passed by their respective state assemblies. The state governments of Manipur, Rajasthan and West Bengal must be congratulated for their efforts even though theirs was not a quick response to the urgency of the matter which it deserved and required. The anti-mob violence Bills passed by these states are now on the table of the President of India, waiting for his approval. We the concerned citizens of India under the banner of NAGRIK ADHIKAR MANCH are demanding the President of India clear these Bills and also to direct the Government of India to implement the directions/guidelines issued by the Supreme Court of India.
We seek your support in getting these Bills cleared by the President of India and to get the guidelines and directions issued by the Supreme Court of India implemented by the Government of India.
Hon’ble Sh. Ram Nath Kovind 09-10-2019
The President of India
New Delhi – 110004
Subject: Petition for grant of his assent to the Bills passed by the states of Rajasthan, West Bengal and Manipur on Mob Lynching
We the concerned citizens of India seek your urgent indulgence in according your assent to the Bills passed by the respective legislative Assemblies of Rajasthan, West Bengal and Manipur on the issue of public importance i.e. Mob Lynching. We have learnt that the Bills adopted by the State assemblies have been sent to you for your assent as provided under Article 201 of the Constitution of India. Since the menace of killing innocent persons by the mob on suspicion is acquiring unimagined proportion and tearing asunder the basic fabric of the society we feel it necessary to urge you to accord your assent to the Bills.
Sign this petition to ensure that the rule of law prevails and not the rule of the mob. Thousands of innocents will be saved when thousands sign and share this petition.
The Supreme Court of India in the matter of Tehseen Poonawalla Vs Union of India & Others in Writ Petition (Civil) no. 754 of 2016 on July 17, 2018 had issued following guidelines, which not only provide for a complete mechanism for fighting against the menace of mob lynching but also provide for compensation to the immediate kin of the victims:
• The states shall designate a senior police officer not below the rank of police superintendent as nodal officer in each district. These officers will set up a task force to be assisted by one DSP-rank officer for taking measures to prevent mob violence and lynching. The task force will gather intelligence reports on people likely to commit such crimes or who are involved in spreading hate speeches, provocative statements and fake news
• The state governments shall immediately identify districts, sub-divisions and villages where instances of lynching and mob violence have been reported in the recent past. The process of identification should be done within a period of three weeks from the date of the judgment
• The nodal officer shall hold regular meetings (at least once a month) with the local intelligence units in the districts and station house officers to identify tendencies of vigilantism and mob violence.
• The director-general of police or the home department secretary shall hold regular review meetings (at least once a quarter) with all the nodal officers and state police intelligence heads
• All police officers will have to ensure the dispersal of mobs that have a tendency to cause violence or lynch in the garb of vigilantism or otherwise
• The Union home department must work in co-ordination with the state governments to sensitise law-enforcement agencies and by involving all stakeholders to identify the measures for the prevention of mob violence and lynching on the grounds of caste or community
• The DGP shall issue a circular to the SPs on police patrolling in sensitive areas
• The central and state governments should broadcast on radio, television and other media platforms, including the official websites of the home department and the state police, that lynching and mob violence will invite serious consequence
• It will be the duty of the Centre and the states to curb the dissemination of irresponsible and explosive messages, videos and other material on social media platforms
• The police shall register FIRs under Section 153A of the IPC (promoting enmity among people) and/or other relevant provisions against the perpetrators
• The Centre shall issue appropriate directions to the states on the gravity of the situation and the measures to be taken.
• Despite the preventive measures taken by the state police, if it comes to the notice of the local police that an incident of lynching or mob violence has taken place, the jurisdictional police station shall immediately lodge an FIR
• It shall be the duty of the station house officer to immediately intimate the nodal officer in the district who shall, in turn, ensure that there is no further harassment of the family members of the victim(s)
• The investigation in such offences shall be personally monitored by the nodal officer, who shall be duty-bound to ensure that the investigation is carried out effectively and the chargesheet filed within the statutory period
• The states shall prepare a scheme to compensate lynching and mob violence victims. While calculating the compensation, the state governments shall give due regard to the nature of bodily injury, psychological injury, loss of earnings and expenses incurred on account of legal and medical expenses
• The cases of lynching and mob violence shall be specifically tried by designated courts in each district. Such courts shall try cases on a day-to-day basis. The trial should preferably be concluded within six months.
"We may hasten to add that this direction shall apply to even pending cases," CJI Misra, writing the judgment, said.
• The trial court must ordinarily award the maximum sentence under the provisions of the IPC
• The courts may, on application by a witness or by the public prosecutor, take such measures as it deems fit, for protection and for concealing the identity and address of the witness
• The victim(s) or the next of kin of the deceased shall be given timely notice of court proceedings
• The victim(s) or the next of kin of the deceased shall receive free legal aid if he or she so chooses
• Departmental action must be taken against police or district officials who fail to act against the perpetrators. Such failure will be considered as an act of deliberate negligence and/or misconduct for which appropriate action must be taken. The action shall be taken to its logical conclusion preferably within six months.
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