Bills to curb mob lynchings, honour killings tabled in Rajasthan Assembly

A fortnight ago, Gehlot, expressing concern over these ‘disturbing’ incidents, had said that his government is “serious” about them. Rajasthan had witnessed a spurt in lynchings in 2017, beginning with dairy farmer Pehlu Khan in April 2017. The Bills were tabled by Cabinet minister Shanti Dhariwal.

The Rajasthan Protection from Lynching Bill defines lynching as “any act or series of acts of violence or aiding, abetting or attempting an act of violence, whether spontaneous or planned, by a mob on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation, ethnicity.”

The Bill states that no police officer below the rank of Inspector of Police shall investigate any offence committed under the Act, once passed, and Director General of Police shall appoint a State Coordinator – not below the rank of Inspector General of Police – to prevent lynching. Moreover, every District Superintendent of Police shall be the District Coordinator.

In case of “hurt” from such an assault, the convict may be punished with imprisonment up to seven years and fine up to Rs 1 lakh; in case of a “grievous hurt”, the convict may be punished with imprisonment up to ten years and fine between Rs 25,000 – Rs 3 lakh.

However, if the act leads to the death of the victim, it shall be punished with imprisonment for life and with fine between Rs 1 lakh and Rs 5 lakh.

The Bill also aims to make the conspirators for lynching accountable, by specifying punishment for “for conspiracy or abetment or aides or attempts to lynch,” “for dissemination of offensive material” and “for enforcing a hostile environment.”

Such victims will be entitled to free aid and medical treatment at any and all government hospitals, whether public or private, run by central or state government, local bodies or any other person, and they “shall immediately inform the police of such incident”.

The victims will be compensated as per the Rajasthan Victim Compensation Scheme. Moreover, if the offence has led to displacement of the victims from their residence, then the state government shall arrange for the accommodation of the victims and “take all necessary steps to rehabilitate such victims,” which includes establishment of relief camps.

The Bill also proposes to extend several rights to victims during trial, including that the SP, or another officer designated by him, informing the victim in writing about the progress of investigation. Moreover, where the prosecution is conducted by an advocate recommended by the victim, the expenses arising out of such service shall be borne by the State Government.

Similarly, the Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill hopes to check honour killings. In the Bill Statement, the government noted that “there has been a spurt in illegal intimidation by self-appointed bodies for bringing pressure against Sagotra marriages and inter-caste, inter-community and inter-religious marriages between two consenting adults in the name of vindicating the honour of family, caste or community.”

“In a number of cases, such bodies have resorted to incitement of violence and such newly-married couple or persons desirous of getting married have been subjected to intimidation and violence which has also resulted into their being hounded out of their homes and sometimes even murdered,” it said, noting that although such violence is an offence under the Indian Penal Code, “it is necessary to prevent assemblies which take place to condemn such alliances as also to punish such acts of violence and criminal intimidation severely.”

Importantly, in the proposed Bill, “assemble”, “congregate” or “gather” includes acting in concert through the use of any technological means or medium, since such proposed actions are propagated on social media.

The Bill also holds accountable those who indulge in ostracisation of such a couple or their family, which includes pressurising them to leave the village or dispossessing them of their land or property or imposing a fine on them.

It defines unlawful assembly as “intention to deliberate on, or condemning any marriage, not prohibited by law, on the basis that such marriage has dishonoured the caste or community tradition or brought disrepute to all or any of the persons forming part of the assembly or the family or the people of the locality concerned.”

Members of such as assembly shall be punishable with imprisonment between six months – five years and fine up to Rs 1 lakh. Endangering liberty of such a couple or their supporters by “generating an environment of hostility” shall be punished with two to five years and fine up to Rs 1 lakh. The Bill also proposes punishment up to seven years for criminal intimidation.

For causing “simple hurt” in such a case, the punishment is three to five year imprisonment and fine up to Rs 2 lakh. For causing “grievous hurt,” the punishment is a minimum of ten year imprisonment, which may extend to life imprisonment, as well as fine up to Rs 3 lakh.

And for causing death of such a couple, or either of them, the convict may be punished “with death, imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life,” and with fine up to Rs 5 lakh.

The proposed Act also directs the DM or the concerned SDM to take certain preventive measures, including prohibiting such unlawful assemblies.