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Need for a legislation on lynching

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July 20, 2017

What is the issue?

  • The recent central government's ban on cattle slaughter has given way to lynching and cow vigilantism (law enforcement undertaken without legal authority by a self-appointed group of people).
  • This has lead to the opposition accusing the government of not taking any concrete counter measures.
  • Opposition has also raised the need for a law to address the issues of lynching and atrocities against minorities and Dalits.

What is Manav Suraksha Kanoon?

  • Manav Suraksha Kanoon (Masuka) is the new law proposed by the National Campaign Against Mob Lynching to protect people.
  • The proposed law aims to provide effective protection to vulnerable persons, punish acts of lynching, and provide rehabilitation and compensation for victims and their families.
  • The aim of the law is to curb and punish mob lynching, whether provoked in the name of the cow protection or any other reason.

What are the highlights of the draft law?

  • Clearly defining the terms "lynching", "mob", "offensive material".
  • Lynching to be made a non-bailable offence with graded levels of punishment depending on injury caused to the victim.
  • Investigations to be handled by senior police officers and provisions for designated judges for trial and appeal at High courts.
  • Special rights for victims and witnesses including mandatory state government compensation to the victims within 30 days of the incident.
  • Dissemination of offensive material to be made a separate offence.
  • The provisions will only complement the constitutional rights such Right to life and Equal Protection of Law.

What is the government's stand on this?

  • The government said law and order was a State subject and that the National Crime Records Bureau (NCRB) does not keep a separate record of “cow vigilantism”.
  • However, it had issued an advisory to the State governments for necessary legal action under general law and order maintenance.
  • Government has also clarified that it was ready to approve investigations by central agencies if there was any such recommendation from the State governments concerned.
  • The National Crime Records Bureau (NCRB), that analyses crime data is planning to now collect detailed data on lynchings as well.

What is the way forward?

  • A demand for a law of this nature is embarrassing for any government.
  • Right intervention from the government at the right time will speak for its commitment to democratic principles and sensitivity towards the minorities, the marginalised and the vulnerable.

Source: The Hindu

 

 

 

 

 

 

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