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7 Years to Life Term: UP Panel Drafts Strict Law to Curb Lynching

The draft also urges punishment up to 3 years for dereliction of duty by a police officer or district magistrate.

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The Uttar Pradesh Law Commission on Wednesday, 10 July, drew up a stringent law to deal with the increasing number of mob lynching incidents in the state, recommending jail terms from 7 years to life imprisonment for assailants.

The Commission has also planned a punishment for up to three years for dereliction of duty by a police officer or district magistrate.

The report that contains the draft of the ‘Uttar Pradesh Combating of Mob Lynching Bill, 2019’ has been submitted to UP Chief Minister Yogi Adityanath by chairman Justice (retd) Aditya Nath Mittal of the state law panel.

Talking about the sou motu cognisance of mob lynching incidents, he pointed out the inadequacy of the existing law and the need to not just push the wrongdoers but also hold authorities accountable for dereliction of duty when such acts take place on their watch.

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“Mob lynching incidents are increasing in the country. The commission did a study on it and submitted a report to the chief minister suggesting how to stop such incidents from happening instead of just punishing the culprits.”
Aditya Nath Mittal, Chairman Justice (retd), State Law Panel

7 Years to Life in Jail; Onus on Officers

  • If the victim is injured — Imprisonment up to 7 years and a fine up to Rs 1 lakh.
  • If the victim suffers serious injuries — Imprisonment up to 10 years and a fine up to 3 lakhs.
  • If the victim dies — Rigorous imprisonment for life and a fine up to Rs 5 lakhs.
  • In case of dereliction of duty by police officer or district magistrate, imprisonment of one year, which may go up to three years and a fine up to Rs 5,000.
  • Imprisonment of six months for contributing or enforcing a hostile environment.

The draft bill defines ‘lynching,’ ‘mob,’ ‘victim’ and ‘offensive material.’ It also defined ‘hostile environment’ created against the victim or family, which includes boycott of trade, public humiliation, deprivation of fundamental rights and forcing a person to leave home, etc.

‘Took Directions of SC, High Courts into Account’

Sapna Tripathi, Secretary of the State Law Commission, speaking to The Indian Express, said, "The commission realised that mob lynching is a global problem faced even by US, countries in Africa etc for long. Thus, the commission thought of undertaking a suo motu study in this regard about six months ago. We also took into account directions of the Supreme Court and High Courts in different cases."

She said that the commission only recommends and proposes to state government, thereafter which, the onus is on the state government to accept and take it forward.

(With inputs from ANI, The Indian Express)

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