THE GIST of Editorial for UPSC Exams : 24 October 2019 (The law isn’t enough (Indian Express))

The law isn’t enough (Indian Express)

Mains Paper 2: Polity
Prelims level: Not much
Mains level: Amending lynching law

Context

• The glaring absence of figures relating to incidents of lynching in the recently released National Crime Records Bureau (NCRB) database on the pretext that the data received from the states were “unreliable” hints at a deliberate attempt to keep the figures under wraps.

Highlighting the figures

• Figures available from various other sources indicate that in 63 incidents, 28 persons were killed between 2010 and 2017, of which 24 were Muslims.
• There have been 266 cases of lynching since 2014 and this continues to show an upward trend, casting an adverse impression about the role of the police in arresting such trends.

Law against lynching

• The police have played a partisan role in most incidents of lynching, there have been cases where policemen acted promptly and prevented incidents of lynching.
• The Supreme Court has directed the Centre and all states to frame stringent laws against lynching.
• Manipur passed an anti-lynching law last November. Rajasthan and West Bengal have passed such legislation more recently.
• West Bengal’s law is stringent, punishing with death those held guilty of lynching victims to death.
• But these will be futile unless they are strictly enforced on the ground. Political patronage to fundamentalist elements will deter the policemen from doing their duty.

Others measures need to be taken

• Uttar Pradesh State Law Commission has stressed the need to take stringent action against officials for dereliction of their duties.
• The district magistrate and police officers can be imprisoned for a term extending upto three years with a fine upto Rs 5000.
• Monitoring fake news and arresting those who originate and forward news that could trigger mob violence or communal unrest.
• The police has to spread its intelligence dragnet to such an extent that any plan to upset the law and order machinery is reported to the control room within minutes.
• Districts that are communally sensitive ought to have additional armed and well-equipped companies to rush to any spot within minutes to handle frenzied mobs.
• Prompt investigations into incidents of mob lynching followed by arrests and trial by fast track courts could go a long way in curbing such incidents.

Way forward

• It is likely that every effort will be made to influence the victims and witnesses to either withdraw the case or to give statements that would weaken the prosecution’s case.
• Policemen who watch as mute spectators should also be tried in the same manner as the culprits.
• Senior police officers also need to be taken to task if found guilty of dereliction of duty.

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Prelims Questions:

Q.1) Which one of the following is the golden-yellow silk produced only in India.
(a) Mulberry Silk
(b) Muga silk
(c) Eri Silk.
(d) Mussel Silk

Ans: B
Mains Questions:
Q.1) What are the measures needed to implement effective law against mob lynching?