If the bill becomes law after getting the governor’s nod, Jharkhand would be the third state to enact anti-lynching law after Rajasthan and West Bengal.
The Newster/Kaleem Ullah Fasihi
The Jharkhand Assembly on Tuesday passed ‘The Jharkhand (Prevention of Mob Violence and Mob Lynching) Bill, 2021’ in an attempt to curb the growing lynching incidents in the state.
The act seeks to prevent mob lynching incidents in the state and to punish for acts mob violence and lynching.
If the bill becomes law after getting the governor’s nod, Jharkhand would be the third state to enact anti-lynching law after Rajasthan and West Bengal.
The statement and object behind implying the act—
“An act to provide for effective protection of the constitutional rights of vulnerable persons in the State of Jharkhand and to prevent mob violence and lynching incidents, and to punish for acts of mob violence and lynching…”, reads Statement of Object and Reasons to the act.
What is Mob Lynching?
According to the law passed by the Jharkhand state assembly, “”any act or series of acts of violence or causing death or aiding or abetting or attempting to commit an act of violence, whether natural or planned, on grounds of religion, race, sex, place of birth, language, eating habits, sexual orientation, political affiliation, or on any other ground.”
Section 6 of the act makes police personnel responsible for prohibiting the act of mob lynching. The act reads, “”It shall be the duty of every police officer in charge of a police station to take all reasonable steps to prevent any incident including lynching, abetment of them and possible spread within the area under his jurisdiction…”
The Bill also authorises the district magistrate to curb the mob violence. The bills reads that whenever he (magistrate) has reason to believe that a situation has arisen where there is a possibility of lynching in any area within his jurisdiction, he may, by order in writing, prevent any such act which, in his opinion, is likely to incite or lead to the act of lynching”.
What are the punishments under the law?
The bill lays out life imprisonment for a person who is found guilty of mob lynching. The punishments under the law are as follows—
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Section 8 (2) of the act states that if the act leads to severe injury to the victim, the culprit shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and with fine which shall not be less than ₹3 lakh and may extend up to ₹5 lakh.
Section 8 (3) of the act reads that if the act of mob violence leads to the death of victim, the culprit shall be punished with rigorous imprisonment for life and with fine which shall not be less than ₹25 lakh, and the movable and immovable properties shall be attached.
Section 8 (4) of the act provides that if the act of mob violence causes suffering hurt, the culprit shall be punished with imprisonment for a term which may extend to 3 years, and with fine which shall not be less than ₹1 lakh and may extend up to ₹3 lakh.
All the offences under the act have been drafted as Cognizable, non-bailable, and non-compoundable (offences which cannot be compromised by either of the party). The bill also provides for the punishment of conspiring, abetment or aides or attempts to lynch; punishment for obstructing legal process; punishment for dissemination of offensive material, and punishment for enforcing a hostile environment.
The bill also made a provision for free medical treatment to the victims of lynching and the state government will also allow ex-gratia to the victims.
With inputs from livelaw.com
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