This is an archive article published on July 12, 2019
7 yrs to life in jail: UP panel drafts tough law on mob lynching, onus on officers
The state law panel, while taking suo motu cognizance of incidents of mob lynching, has said the existing law is not sufficient and there is need to not just punish the wrongdoers but also hold authorities responsible for dereliction of duty if such incidents take place under their watch.
Written by Maulshree Seth
Lucknow | Updated: July 12, 2019 12:40 PM IST
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A report has been submitted to Uttar Pradesh Chief Minister Yogi Adityanath. Express/File
Recommending 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 Uttar Pradesh State Law Commission has drawn up a stringent law to deal with rising incidents of mob lynching.
In a report that contains the draft Uttar Pradesh Combating of Mob Lynching Bill, 2019 — it has been submitted to Uttar Pradesh Chief Minister Yogi Adityanath by commission chairman Justice (retd) Aditya Nath Mittal — the state law panel, while taking suo motu cognizance of incidents of mob lynching, has said the existing law is not sufficient and there is need to not just punish the wrongdoers but also hold authorities responsible for dereliction of duty if such incidents take place under their watch.
Underlining that mob lynching be made a separate offence to inculcate fear among miscreants, the commission’s draft law recommends stringent punishment:
* 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.
* Rigorous imprisonment for life and fine up to Rs 5 lakh if the victim dies.
* Those involved in conspiracy, abetment be punished like those actually involved in lynching.
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* 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.
* Imprisonment of six months for contributing or enforcing a hostile environment.
The draft Bill not only defines “lynching”, “mob”, “victim” and “offensive material” but also “hostile environment” created against the victim or family, including boycott of trade, public humiliation, depriving fundamental rights, and forcing a person to leave home etc.
Sapna Tripathi, Secretary of the State Law Commission, told The Indian Express: “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.”
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“The commission only recommends and proposes to state government, it is up to the state government to accept it or take it forward.” She said the commission’s next study is on “anti-conversion laws” related to conversion of religion for the purpose of marriage.
Maulshree Seth is an Assistant Editor with The Indian Express, based in Lucknow. With over 15 years of experience in mainstream journalism, she has built a formidable reputation for her on-ground reporting across Uttar Pradesh. Her expertise spans a wide array of critical beats, including state politics, governance, the judiciary, and rural development.
Authoritativeness Maulshree’s work is characterized by depth and historical context. Her coverage of high-stakes state elections and landmark judicial rulings has established her as an authoritative voice on the intersection of law and politics in Northern India. She is frequently recognized for her ability to gain access to primary sources and for her nuanced understanding of the socio-economic factors that drive the world's most populous sub-national entity.
Trustworthiness & Ethical Journalism Her reporting is rooted in rigorous fact-checking and a steadfast dedication to neutral, unbiased storytelling. By prioritizing field-based verification—often traveling to the most remote corners of the state—she ensures that her readers receive a truthful and comprehensive view of events. ... Read More