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The Supreme Court on Tuesday, 17 July, recommended that Parliament create a special law against lynching, asserting that “fear of law and veneration for the command of law constitute the foundation of a civilised society”.
The Supreme Court bench headed by Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud addressed a number of important and timely issues, like the fear of law, the role of the government, cow vigilantism and fake news.
Here are the key highlights from the apex court’s order:
The Supreme Court made some firm comments on the growing problem of mob vigilantism and said that such lawlessness must be nipped in the bud.
“There cannot be an investigation, trial and punishment of any nature on the streets. The process of adjudication takes place within the hallowed precincts of the courts of justice, and not on the streets,” the three-judge bench’s order read.
The bench warned the governments of the horrors of failing to control the mob violence that has erupted as a resulted of increasing intolerance.
“Unless these incidents are controlled, the day is not far when such monstrosity in the name of self-professed morality is likely to assume the shape of a huge cataclysm.”
When any core group with some kind of idea takes the law into their own hands, it ushers in anarchy, chaos, disorder and, eventually, the emergence of a violent society, the Supreme Court said.
Referring to the recent spike in lynchings due to rumours spread on social media platforms like WhatsApp, Supreme Court warned about the threat arising from misinformation.
Lastly, the apex court pointed out that the government has a “sacrosanct duty to protect its citizens from unruly elements and perpetrators of orchestrated lynching.”
“There can be no shadow of doubt that the authorities which are conferred with the responsibility to maintain law and order in the States have the principal obligation to see that vigilantism, be it cow vigilantism or any other vigilantism of any perception, does not take place,” it added.
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