States obliged to prevent lynchings: CJI

Why it is in news?
  • A three-judge Bench led by Chief Justice Misra was hearing a contempt petition filed by activist Tehseen Poonawalla that despite the Supreme Court order to States to prevent lynchings and violence by cow vigilantes, the crimes continue with impunity.
What SC said?
  • These lynchings go beyond the description of law and order, these crimes have a pattern and a motive.
  • All these instances happen on highways.
  • The Union has issued advisories but did not back them up with action.
  • It referred to a specific form of vigilantism.
  • The lynchings were ‘targeted violence’ against particular religion, caste, and thus, in violation of the constitutional guarantees under Article 15, which protects citizens from discrimination on the basis of religion, caste, sex, and gender.
  • The compensation to be determined for victims of lynchings should be fixed with an eye on the fact that they were targeted for their religion and caste.
    • State governments are obliged to prevent mob lynchings.
    • The Supreme Court classified lynchings as sheer ‘mob violence.’
    • But it said compensation for victims should not be determined solely on the basis of their religion, caste, etc., but on the basis of the extent of injury caused as anyone can be a victim of such a crime.
    • States cannot give even the remotest chance to let lynchings happen.
    • People cannot be allowed to take law into their hands.
      Source

The Hindu





Posted by Jawwad Kazi on 4th Jul 2018