The Supreme Court, on Friday, July 28, called for responses from the Union government and six state governments on a Public Interest Litigation (PIL) filed by the National Federation of Indian Women (NFIW). The PIL addresses the alarming rise in cases of lynchings and mob violence against Muslims in the country, despite clear guidelines and directions issued in the Tehseen S Poonawalla v Union of India & Others case.
The Tehseen S Poonawalla v Union of India & Others case primarily dealt with "cow vigilantism." In its ruling, the court emphasized the State's responsibility to protect citizens from unruly elements and perpetrators of lynching and vigilantism. The court also issued guidelines to the government, including the designation of senior police officers in each district to prevent incidents of mob violence and lynching and also a set of measures to be taken, in case an incident of lynching is reported.
NFIW, in its petition, pointed out the alarming rise in cases of lynching and mob violence specifically against the Muslim community. The petition seeks immediate relief, citing the “consistent failure of the State machinery to take adequate preventive and consequential action to curb this menace”. The bench of Justices BR Gavai and JB Pardiwala issued notices to the Union government and the governments of Haryana, Madhya Pradesh, Bihar, Rajasthan, Odisha, and Maharashtra.
The petition, filed through advocate Sumita Hazarika, lists the five most recent incidents of lynching, with the most recent one being the lynching of a 55-year-old truck driver named Jaharuddin by a mob on suspicion of carrying beef. The incident took place in Saran district of Bihar on June 28, 2023. Prior to that, on June 24, two persons - Afan Ansari and Nasir Hussain were assaulted by a mob on suspicion of smuggling beef and while shouting "Jai Shree Ram", the men brutally assaulted them, killing Afan. On June 8, 23-year-old Lukman Ansari was lynched by members of the Rashtriya Bajrang Dal (RBD) for transporting two cows. On June 17, a mob restrained two Muslim men with ropes, subjected them to a savage assault, and were forcibly made to chant the phrase “Jai Shri Ram” and were further humiliated by being compelled to walk through piles of garbage, in Bhubaneshwar of Orissa. On May 26, a bus carrying several Hajj pilgrims was attacked by a violent Hindutva mob in Kota of Rajasthan, said the petition, adding that these were only a few examples.
The petition attributed the rise in such incidents to the lack of adequate action by the government despite Supreme Court guidelines. It also emphasised the role of a general narrative of communal hate and ostracization of minority communities through false propaganda spread through public events, hate speeches, social media channels, news outlets, and films.
“The result thereof is that a poison of general communal hate and divide has taken over large portions of the populace. This hatred is the precondition of crimes of lynching and mob-violence,” it read. "In most cases, minimal action of merely registering FIRs is the only thing that is done by the authorities which seems to be more of a formality than any genuine initiation of the criminal machinery," the petition alleged.
The petition seeks directions to the Director General of Police of the states concerned to take immediate action in lynchings and mob violence cases in accordance with the directions laid down by the Supreme Court. The plea prays for a minimum uniform compensation to be determined by the court that should be granted to the victims or their families in addition to the amount determined by the authorities.
(With IANS inputs)