Lok Sabha Question No. 3089 (UNSTARRED), answered on 2022-03-22
Subject: Mob-lynching
Ministry: HOME AFFAIRS
Asked by: Hibi Eden

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 3089

TO BE ANSWERED ON THE 22 ND  MARCH, 2022/ CHAITRA 1, 1944 (SAKA)

MOB-LYNCHING

3089. SHRI HIBI EDEN:

Will the Minister of HOME AFFAIRS be pleased to state:

(a)  the  number  of  cases  that  has  come  to  the  notice  of  the  Government regarding mob-lynching in the country during each of the last three years and the current year, State-wise;

(b)  whether  the  Government  intends  to  bring  up  an  anti-mob  lynching legislation to stop this pathetic and barbaric act, if so, the details thereof along with the steps being taken by the Government to stop lynching and attacks on minorities, weaker and marginalized citizens in the country;

(c) whether the Government is of the opinion that lynching was a western construct  and  should  not  be  mixed  with  the  Indian  context  to  harm  the country's reputation and if so, the details thereof; and

(d) whether the Government is aware that a special law is required to deal with offences like moblynching and if so, the details thereof?

ANSWER

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

(a): In the 'Crime in India' report, National Crime Records Bureau (NCRB) publishes  crime  data  from  all  the  States/Union  Territories  under  various crime heads which are defined under the Indian Penal Code and Special & Local Laws. No separate data for mob lynching is maintained by NCRB.

## L.S.US.Q.NO.3089 FOR 22.03.2022

(b) to (d): It is the intention of the Government to comprehensively review the existing Criminal Laws and make them relevant to the contemporary law  and  order  situation  as  well  as  to  provide  speedy  justice  to  the vulnerable  sections  of  the  society  and  create  a  legal  structure  which  is citizen-centric. The Department-related Parliamentary Standing Committee  on  Home  Affairs,  in  its  146th  Report  dated  23.06.2010,  had recommended  that  there  is  a  need  for  a  comprehensive  review  of  the Criminal Justice System of the country. Earlier the Parliamentary Standing Committee in its 111 th  and 128 th  Reports had also stressed upon the need to reform and rationalize the criminal law of the country by introducing a comprehensive legislation in Parliament rather than bringing about piecemeal  amendments  in  respective  Acts.  Government  of  India  has  initiated the process for comprehensive amendments to criminal laws in consultation with all the stakeholders.

'Police' and 'Public Order' are State subjects under the Seventh Schedule to  the  Constitution  of  India  and  State  Governments  are  responsible  for prevention,  detection,  registration  and  investigation  of  crime  and  for prosecuting the criminals through their law enforcement agencies. However, the Ministry of Home Affairs has issued advisories to States and

## L.S.US.Q.NO.3089 FOR 22.03.2022

UTs,  from  time  to  time,  to  maintain  law  and  order  and  ensure  that  any person who takes law into his/her own hand is punished promptly as per law.  An  advisory  dated  04.07.2018  was  issued  to  the  States  and  UTs  to keep watch on circulation of fake news and rumours having potential of inciting  violence,  take  all  required  measures  to  counter  them  effectively and to deal firmly with persons taking law into their own hands.

Further,  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 violence in the country.

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