It’s time to enact an anti-mob lynching law

Article 31 of our constitution guarantees the inalienable right of every citizen to be treated in accordance with law. But the recent surge of mob lynching has undermined this fundamental right, as several people were lynched to death in the name of vigilante justice with no due process or rule of law.  

Mob lynching is not defined or introduced as a distinct crime in our criminal laws. The perpetrators of mob lynching are punished under the Penal Code, 1860, and simultaneously tried under the Code of Criminal Procedure, 1898. In that case, the punitive provisions are applied in conjunction with Section 34 (common intention), Section 141 (unlawful assembly), Section 146 (rioting), and Section 149 (offense committed in furtherance of a common aim).

In the United States of America, an anti-lynching bill named 'The Emmett Till  Anti-lynching Act' was passed in 2022. The act amended Section 249(a) of Title 18 of the United States Code to recognise mob lynching as a federal hate crime offense and introduced a maximum penalty of imprisonment for not more than 30 years, fine, or both.

The bill is named after Emmett Till, a 14-year-old black boy who was brutally lynched to death in 1955 for allegedly whistling at a white woman.

Meanwhile, the Supreme Court of India, in the case of 'Tehseen S. Poonawalla v. Union of India and others (2018) 9 SCC 501', emphasised the enactment of anti-lynching law and laid down several directives to combat mob lynching. Pursuant to the directives of the Supreme Court of India, the assemblies of Manipur, West Bengal, Jharkhand, Rajasthan, and Uttar Pradesh have passed the Prevention of Lynching Bills.

Recently, India has implemented 'Bharatiya Nyaya Sanhita (BNS)' as their new criminal law, where it has incorporated a specific provision and punishment for mob lynching. Clause 103(2) and Clause 117(4) of the Bhartiya Nyaya (Second) Sanhita, 2023, applies to mob lynching when five or more persons commit murder or grievous hurt on the ground of race, caste or community, sex, place of birth, language, personal belief, or any other ground.

At the end of August 2024, the first case of mob lynching was filed under this newly enacted law in Haryana State, where a boy named Sabir Malik was beaten to death for allegedly eating beef.

Also in Pakistan, Clause 11WW of the Anti-Terrorism Act, 1997 defines lynching as a distinct crime, where mob lynching carries a punishment of (not exceeding) three years imprisonment in addition to any other punishment under any existing law such as the Pakistan Penal Code, 1860.

The Anti-Terrorism Court of Pakistan on April 18, 2022, convicted six perpetrators with death sentences, nine perpetrators with life imprisonment, and seventy-two perpetrators with two years rigorous imprisonment for lynching to death a Sri Lankan national named Priyantha Kumara over alleged blasphemy against Islam.

However, incidents of mob lynching in our country differ from the USA, India, and Pakistan. In Bangladesh, there are some peculiar reasons like panic and chaos, political and socio-economic wrath, and financial misery, which tempt a mob to get involved in lynching.

But the absence of specific law dealing with mob lynching fails to define mob lynching as a crime, to prevent the acts of lynching, to punish the perpetrators, to ensure speedy trial of such crimes, and to rehabilitate the victims of lynching and their families.

The existing laws are unable to instill a deterrent fear among the persons who involve themselves in mob lynching or mob violence. At the same time, the involvement of a large number of perpetrators and strong political, socio-economic, and religious influences are leading to ambiguity and lacunae in the investigation and trial procedures.

Martin Luther King, Jr. once said, "It may be true that the law can't make a man love me, but it can restrain him from lynching me, and I think that's pretty important." Given the seriousness of the crime and its impact on a civilized society, we need to establish an anti-mob lynching law. This would help combat mob lynching, ensure speedy trials, and protect people's fundamental rights guaranteed by our constitution.

Shoriful Islam Rumi is an enrolled advocate and practicing as a member of the Dhaka Bar Association.

Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the opinions and views of The Business Standard.