Lynching an Affront to the Rule of Law: Supreme Court Issues Guidelines Against Mob Violence

Writ petitions under Article 32 sought action against cow protection groups and others committing violence, removal of their content from social media, and other relief against lynching and targeted mob violence (paras 2, 4). From 21 July 2017 the Court passed interim orders, and States filed compliance affidavits describing circulars to their police (paras 5-10). The Solicitor General stated that law and order is a State subject and that the Union does not support vigilantes (para 5). The petitioners argued that the Union and the States must protect vulnerable communities from vigilante violence (paras 11-14).

The States have the principal duty to prevent vigilantism of any kind, as law and order rests with their authorities, and no individual or group may take the law into its own hands (paras 15, 17). Lynching undermines the legal institutions of the State and the constitutional order and must be nipped in the bud (para 18). Hate crimes born of intolerance cannot be tolerated, and mob violence must be prevented by the State and reported by a vigilant society (paras 19-20). Unity in diversity and tolerance are essential to a pluralistic society (paras 26-31). The law provides procedures for arrest, investigation and trial, and the rights of citizens cannot be left to mobs (paras 33-34). It is the Court's constitutional duty to protect lives and human dignity, and fear of the law prevents crime (para 39). The guidelines also require the police to disperse such mobs under Section 129 CrPC and to act against those spreading inciting messages on social media (para 40). The guidelines must be carried out within four weeks, with compliance reports (para 41).