The Uttar Pradesh Law Commission has submitted a draft Bill recommending up to life imprisonment for mob lynching crimes. The draft bill has recommended jail terms ranging from seven years to life imprisonment for assailants and up to three years for dereliction of duty by a police officer or district magistrate.
The chairman of the Commission, Justice (retd) A.N. Mittal submitted the report on mob lynching, along with the draft Bill to Chief Minister Yogi Adityanath. The 128-page report has cited various cases of lynching in the state and recommended the immediate enactment of law as per the recommendations made by the Supreme Court in 2018. The Commission said the existing laws were not sufficient to combat lynching and asserted that there should be a separate law to tackle them.
The draft law defines terms such as “lynching”, “mob”, “victim”, “offensive material” and “hostile environment” created against the victim or family, including a boycott of trade, public humiliation, depriving people of their fundamental rights, and forcing them to leave their homes. According to the law commission, the law should contain provisions on providing compensation to a victim’s family for grievous injury or loss of life and property, and rehabilitation of the victims and their families.
According to data, 50 incidents of mob violence have taken place in Uttar Pradesh between 2012 and 2019, PTI reported. Eleven of the 50 victims of the assault died.
Here's what the draft Bill on mob lynching law says:
It suggests a punishment ranging from seven years in jail to life imprisonment for the offence.
The Commission suggested that the law could be called the Uttar Pradesh Combating of Mob Lynching Act and specified the responsibilities of police officers and District Magistrates, besides spelling out the punishment for failing in their duty.
The bill states that imprisonment up to 7 years and fine up to Rs 1 lakh if the victim is injured.
Imprisonment up to 10 years and fine up to Rs 3 lakh if victim suffers serious injuries.
The mob lynching law states, rigorous imprisonment for life and fine up to Rs 5 lakh if the victim dies.
If the victim suffers serious injuries, the accused will have to face imprisonment up to 10 years and fine up to Rs 3 lakh.
If the victim dies, then the accused will have to face rigorous imprisonment for life and fine up to Rs 5 lakh.
If found involved in conspiracy, abetment they will be punished like those actually involved in lynching.
In case of dereliction of duty by police officer or district magistrate, imprisonment of one year, which may be extended to three years and fine up to Rs 5000.
If found involved in contributing or enforcing a hostile environment, the accused will have to face six months of imprisonment.
