Cong MP moves bill to deal with lynching, vigilantism

News Network
August 6, 2017

New Delhi, Aug 6: Rejecting government argument that existing laws are enough to deal with mob lynching and cow vigilantism, a Rajya Sabha MP has now sought amendments to the penal code to provide stricter punishments for such crimes.

Congress MP from Maharashtra Husain Dalwai has moved a private member's bill -- The Indian Penal Code (Amendment) Bill 2017 -- last week saying there can be "no culture of state indifference or impunity" in cases where a particular community becomes the target.

Ministry of State for Home Hansraj Ahir on July 19 told Rajya Sabha that there are no plans to amend the Criminal Procedure Code (CrPC) and IPC or bring a new law to deal with mob lynching and cow vigilantism. He said existing laws are sufficient to deal with murder committed by "one person or ten persons".

However, Dalwai disagrees and said there is a need to define hate crimes and vigilantism due to the “alarming rise” in attacks which are motivated by bias or prejudice due to religion, caste, choice of attire or eating. The bill envisages an imprisonment of up to five years for those involved in such crimes and life imprisonment in case there is death.

“Such attacks are either driven by an ideology in which case it takes the shape of a hate crime or it is driven by an urge to take the law into their own hands and punish the victims on mere suspicion of an offence have been committed,” the Statement of Objects and Reasons of the bill said.

It said hate crimes, as well as vigilantism, are treated as offences in many countries, attracting even stricter punishment than ordinary crimes because they "tend to offend public tranquillity, create a feeling of disharmony and undermine the faith of people" in law and justice machinery.

"There can be no culture of state indifference or impunity in such cases as they speak of a larger malaise rather than one-off and disconcerted incidents," it said.

The Opposition parties have raised pitch over cow vigilantism in both Houses of Parliament in the ongoing Monsoon session, accusing the BJP-led government of encouraging organisations behind the violence by cow vigilantes.

A series of incidents involving cow vigilantes had rocked the country in the past couple of years with opposition leaders saying there were at least 50 such incidents in the recent past.

On its part, the BJP said Prime Minister Narendra Modi has repeatedly come out strongly against such acts.

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News Network
November 19,2024

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News Network
November 18,2024

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Mangaluru: The Ullal police have arrested Manohar, the owner of Vazco Beach Resort, and its manager Bharath in connection with the drowning of three college girls from Mysuru at the resort’s swimming pool on November 17.

City Commissioner of Police Anupam Agrawal confirmed the arrests, stating that a case has been registered under Section 106 of BNS. The bodies of the victims, all in their twenties, have been handed over to their parents. The women had arrived at the resort for a weekend getaway on November 16.

Following the tragic incident, the resort was sealed by officials led by Mangaluru Assistant Commissioner Harshavardhan. The trade license of the resort, issued on June 13, 2024, has been suspended, and the tourism department has temporarily revoked the resort's registration. These actions prohibit the resort from engaging in any tourism-related activities until further notice.

Someshwara TMC Chief Officer stated that the suspension was due to the resort's failure to implement adequate safety measures, which resulted in the loss of three lives. Further investigations are underway.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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