Question Details

Tension prevailed in the Jawahar area in Palghar district after three Mumbai residents, travelling in a Ford Ecosport to Silvassa, were allegedly lynched late on Thursday night. The Kasa police said the incident occurred near Gadakchinchale village under their jurisdiction.

Information received by us indicates that the three occupants of the SUV hailed form Kandivali in Mumbai and were going to attend a funeral in Silvassa, Superintendent of Police Gaurav Singh, Palghar police said. A large mob of villagers surrounded the car within a matter of minutes and started attacking it with sticks, irons rods and their bare hands, leading to the death of all three occupants. ―One of our patrolling vehicles later spotted the severely injured trio lying on the road and stopped to find out the matter. However, our team was also attacked by the mob and the vehicle pelted with stones. Our personnel had to flee and were unable to rescue to the victims, an officer with the Kasa police said. A wireless alert was sent out later apprising all police stations and units of the incident following which reinforcements were sent to the village and a combing operation was undertaken. ―Prima facie information indicates that the trio were mistaken for thieves and attacked. The villagers were on edge due to the ongoing lockdown and unavailability of essential supplies. For the past few days, several rumours have been doing the rounds on social media about thieves and dacoits targetting villages on the highway. As a result, villagers have been patrolling the highway and stopping late night travellers on suspicion,‖ the officer said.

Which of the following statements given below justifies criminalisation of Mob Lynching?

Options

A

In a democracy the actual power rests with the people and their actions cannot be penalised by the state.

B

There is no law in India which specifically prohibits mob lynching and therefore it is a justified act of the people.

C

It is impossible to punish the wrongdoer in case of Mob Lynching.

D

Violence cannot be a tool to implement the will of the majority and such actions are failure of the state.

Show Answer

Correct Answer :

Option D

Violence cannot be a tool to implement the will of the majority and such actions are failure of the state.

Solution :

The correct answer is Option 4: Violence cannot be a tool to implement the will of the majority and such actions are failure of the state.

Reasoning and Explanation:

1. Rule of Law vs. Mob Rule: In a constitutional democracy, the rule of law guarantees that legal processes, investigations, and judicial proceedings determine guilt and punishment. Mob lynching represents extrajudicial violence where a group takes the law into their own hands, violating fundamental human rights and the due process of law.

2. Failure of State Machinery: Maintaining law and order, as well as providing security to citizens, is a fundamental duty of the state. When mob lynching occurs, it reflects a breakdown of public order and a failure of state agencies to protect individuals from lawlessness.

3. Evaluation of Options:
- Option 1 is incorrect: While power stems from the people in a democracy, individual citizens or mobs do not have the legal authority to commit violent acts or bypass the judicial system.
- Option 2 is incorrect: The absence of a specific standalone legal statute does not justify murder or violent assault, which are severely punishable under existing criminal code (such as the Indian Penal Code / Bharatiya Nyaya Sanhita).
- Option 3 is incorrect: Criminal law holds all individuals participating in unlawful assemblies and mob violence accountable; perpetrators can be identified and prosecuted.
- Option 4 is correct: It directly addresses the core constitutional argument that majority violence or vigilante justice undermines legal principles and signifies a state failure to uphold safety and rule of law.

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