THE PALGHAR INCIDENT: LAWLESSNESS NECESSITATING A SEPARATE LAW

Abstract

Over the past few years, India has been stunned by growing number of extra-judicial killings or public executions denominated by the term “Mob Lynching”. However, recently it has become so gruesome as to cause a collapse of faith in our law and order system. The Hon`ble Supreme Court in a recent case, is reported to have justly termed lynching as a “horrendous act of mobocracy”. It is believed that the claim that lynching is a “horrendous act” is fully warranted by facts. The incident took place on the night of April 16, when two ascetics decided to go to Surat via Palgarh District to attend a funeral. Both the ascetics and their driver were dragged out of their vehicle and subjected to brutal assault due to suspicion of them being child kidnapers and organ dealers. The mob that aggressed them is estimated to be more than 100 locals in the area, including some juveniles too. The three men were brutally lynched by axes, stones and lathis in front of the police who were seen standing mutely in the videos of the incident. Incidents like this, results in a heightened sense of insecurity among the people and also indicates that there is a dire need of specificity with regard to the legal provisions for mob lynching. But before dwelling into the dynamics of the laws relating to mob-lynching and finding what law lacks, it is imperative to understand what this phenomenon is.