Lok Sabha Question No. 31 (STARRED), answered on 2019-11-19
Subject: Law on Lynching
Ministry: HOME AFFAIRS
Asked by: K. Subbarayan, M. Selvaraj

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA STARRED QUESTION NO. *31

TO BE ANSWERED ON THE 19 TH NOVEMBER, 2019/ KARTIKA 28, 1941 (SAKA )

LAW ON LYNCHING

*31. SHRI SUBBARAYAN K.: SHRI M. SELVARAJ:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  whether  the  Supreme  Court  had  given  any  direction/observation  on lynching/enactment of law on lynching in July this year;

(b) if so, the details thereof and the reaction of the Government thereto;

(c) whether it is a fact that a number of States have come forward to enact laws,  making  mob  lynching  a  non-bailable  offence  and  recommending  life imprisonment for those involved in such violence; and

(d) if so, the details thereof and the reaction of the Government thereto?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI NITYANAND RAI)

(a) to (d):      A statement is laid on the Table of the House.

## STATEMENT IN REPLY  TO THE  LOK SABHA  STARRED  QUESTION  NO.  *31 FOR 19.11.2019

(a)  &  (b):  The  Hon'ble  Supreme  Court  in  its  Judgment  dated  17.07.2018  in Writ Petition(Civil) No.754/2016, has issued guidelines on preventive, remedial  and  punitive  measures  on  lynching.  The  key  directions  given  in judgement are as under:

- i. The  State  Governments  shall  designate  a  senior  police  officer,  not below  the  rank  of  Superintendent  of  Police,  as  Nodal  Officer  in  each district.  They  shall  constitute  a  special  task  force  so  as  to  procure intelligence  reports  about  the  people  who  are  likely  to  commit  such crimes  or  who  are  involved  in  spreading  hate  speeches,  provocative statements and fake news.
- ii. The State Governments shall forthwith 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.
- iii. The Nodal Officer shall hold regular meetings to identify the existence of the tendencies of vigilantism, mob violence or lynching in the district and  take  steps  to  prohibit  instances  of  dissemination  of  offensive material  through  different  social  media  platforms  or  any  other  means for  inciting  such  tendencies  and  to  eradicate  hostile  environment against any community or caste which is targeted in such incidents.

## LS.S.Q.NO. 31 FOR 19.11.2019

- iv. It shall be the duty of the Station House Officer, in whose police station an FIR about mob lynching is registered, to forthwith 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).
- v. The Central Government should broadcast on radio and television and other media platforms that lynching and mob violence of any kind shall invite serious consequence under the law.
- vi. Wide publicity  and  awareness  campaign  should  be  done  by  the  State Governments  on radio and television and other media  platforms including  the  official  websites  of  the  Home  Department  and  Police  of the  States  that  lynching  and  mob  violence  of  any  kind  shall  invite serious consequence under the law.
- vii. The  State  Governments  shall  prepare  a  lynching/mob  violence  victim compensation scheme in the light of the provisions of Section 357A of CrPC  within  one  month  from  the  date  of  Hon'ble  Supreme  Court's Judgement dated 17.07.2018.
- viii. It  has  been  recommended  to  the  Parliament  to  create  a  separate offence for lynching and provide adequate punishment for the same.

## LS.S.Q.NO. 31 FOR 19.11.2019

In pursuance to the Hon'ble Supreme Court's Judgment dated 17.07.2018, advisories  dated  23.07.2018  and  25.09.2018  were  issued  to  the  State Governments/UT  Administrations  for  taking  measures  to  curb  incidents  of mob lynching in the country. The Government through audio-visual media has also generated public  awareness to curb the menace of mob lynching. The Government has also sensitized the service providers to take steps to check the  propagation  of  false  news  and  rumours  having  potential  to  incite  mob violence and lynching.

(c) & (d): As per the information available, two bills on the subject passed by the  State  Legislatures  of  Manipur  and  Rajasthan  and  reserved  by  the Governor for consideration of the President, have been received.  The Bills so received are examined in consultation with the concerned Central Ministries.

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