Mob Lynching In India - Comparative Study With United States

Author: LawSphereX

Category: General Law

Published: 2026-08-23T20:37:36.425021+00:00

Updated: 2026-08-26T17:10:26.145+00:00

MOB LYNCHING IN INDIA: COMPARATIVE STUDY WITH

UNITED STATES

Abhinav Singh, Amity University, Uttar Pradesh, Lucknow Campus

ABSTRACT

The phenomenon of mob lynching in India and United States present a grave challenge to rule of law and constitutional governance. The study examines historical context, the social causes, and the statutory framework that govern such unlawful killings. The Indian Penal Code of 1860 give Section 302 for murder and Section 147 for rioting together with Section 149 on unlawful assembly to deal with mob offences. The absence of an exclusive anti lynching law remains a serious vacuum in statutory framework. With enactment of Bharatiya Nyaya Sanhita in 2023 these provisions are reclassified as Section 101 for murder, Section 187 for rioting and Section

188 for unlawful assembly. Yet express recognition of lynching as separate

crime is missing which weaken deterrence against mob violence. The United States history of lynching is rooted in racial discrimination where from 1882 till 1968 more than 4700 persons were lynched mostly African Americans. The Emmett Till Anti Lynching Act of 2022 recognize lynching as a federal hate crime punishable with thirty years imprisonment. The civil rights jurisprudence and equal protection clause under Fourteenth Amendment become the constitutional base for challenging lynching and racially motivated crimes. The comparative approach of this research underlines that both democracies confront mob violence threatening minority rights, equality and justice delivery.

The analysis bring attention to how law, judicial pronouncements and statutory enactments respond differently yet pursue similar aim of securing dignity, liberty, and protection of individual against collective violence. Keywords: Mob lynching, Crime, Organised Crime, United States, India.

I.

INTRODUCTION

The mob lynching is the killing of an individual by a group acting without authority of law and outside judicial process. It is justified on moral ground, on religious passion, or on racial hatred and it deny the principle of due process which Constitution safeguard under Article 21 as right to life and liberty. 1 The relevance of mob lynching in India emerges strongly after 2015 when cases of cow protection violence and caste-based hostility rise. The Indian Penal Code 1860 provisions like section 302 for murder were applied but with enactment of Bharatiya Nyaya Sanhita 2023 new provisions on organized crime and unlawful assembly has given wider scope to punish such collective violence. In United States lynching remained practice from 1880s to 1968 and in

2022 Emmett Till Act criminalize it federally. The statistical account of mob lynching presents

a serious picture in India after 2015. The Hate Crime Tracker maintained by IndiaSpend recorded more than 120 incidents of mob lynching between 2015 and 2020. This database was discontinued in 2019 under external pressure, but it remains as an important record of communal and caste-based violence. In the absence of a separate anti lynching law the Bharatiya Nyaya Sanhita 2023 has retained murder under section 103 and unlawful assembly under section 187 which are invoked in such cases. 2 In United States the National Association for the Advancement of Colored People maintain detailed record of lynching which took place from 1882 till 1968. The record show 4,743 victims and out of them 72 percent were African Americans. These lynchings were used as a tool of racial dominance and intimidation particularly in southern states.

The Congress passed Emmett Till Anti Lynching Act in 2022 which classify lynching as a federal hate crime punishable with imprisonment up to thirty years. It shows recognition of historical injustice through statutory enactment. 3

1.1 Objectives

This study is the tracing of historical, social and political roots of mob lynching in India

1 The Constitution of India, art. 21.

2 National Association for the Advancement of Colored People (NAACP), “History of Lynching in the United States” 12 (Washington D.C., 2018). 3 Marc Galanter, “Justice, Equality and Due Process in Indian Law” 33 Journal of Indian Law and Society 201 (2019).

and United States. The incidents after 2015 in India and during 1880s to 1968 in United States gives context for understanding the causes and the patterns of collective violence. • The examination of state response, legal framework and civil society interventions including Bharatiya Nyaya Sanhita 2023 in India and Emmett Till Anti Lynching Act

2022 in United States.

The exploration of similarities, differences and the lessons that both countries draw to strengthen protection of individual rights and uphold rule of law. The comparison helps to understand how legal mechanisms and constitutional guarantees function against extra-judicial violence.

1.2 Methodology

The methodology of this study uses qualitative analysis including literature review, legal case studies, media reports and data which document incidents of mob lynching. The comparative method examines historical, legal and socio-political factors in India and the United States to understand patterns, statutory responses and effectiveness of constitutional protections against extra-judicial violence. II.

HISTORICAL BACKGROUND

2.1 India

The historical roots of mob lynching in India traces to the colonial era where communal tensions are aggravated by the divide and rule policies of British administration. The legal frameworks and administrative favouritism in 19th and early 20th century created conditions where suspicion and hostility between communities intensifies. The events of Partition in 1947 and post-independence riots in 1984 and 1992 illustrate how law and order fail to protect the vulnerable groups.4 The period after 2015 recorded a sharp rise in cow vigilantism exposing fragility of rule of law. The Indian Penal Code, 1860, sections 302 and 295A are invoked but enforcement 4 Sandria Freitag, Collective Action and Community: Public Arenas and the Emergence of Communalism in North India, 145 (University of California Press, Berkeley, 1989).

remain inconsistent5. With Bharatiya Nyaya Sanhita 2023 these are reclassified as Section

101 and 196.6 The law introduces the stronger clauses against organised violence and

unlawful assemblies but implementation face challenge where political patronage influence policing.

2.2 United States

The years after the Civil War in year 1865 mark the beginning of lynching as a systematic tool of racial terror in Southern states. The emancipation of the slaves through the Thirteenth Amendment did not secure equality as the white supremacist groups target freed Black citizens. The violence aims to suppress voting rights and participation in public life which Reconstruction amendments intended to protect. The mobs execute hangings and burnings without judicial trial while local authorities refuse prosecution. The Equal Protection Clause under Fourteenth Amendment stand ignored as lynching enforce racial hierarchy. 7 Between 1882 and 1968, states like Mississippi, Georgia and Louisiana record the highest incidents of mob lynching. The mobs operate outside judicial process while state authorities display acquiescence.

8The Jim Crow legislation reinforce segregation and normalize extrajudicial killings. The failure of Congress to enact a federal anti-lynching law until

2022 shows long absence of uniform legal protection despite constitutional guarantees. The

case of Emmett Till in 1955 illustrates extreme racial violence. A fourteen-year-old African American boy is murdered in Mississippi after alleged misconduct toward a white woman. The trial ends with acquittal of accused, exposing weakness in legal institutions and denial of due process under the Constitution.9 III.

SOCIO-POLITICAL AND CULTURAL FACTORS

3.1 India

5 The Indian Penal Code, 1860 (Act 45 of 1860), ss. 302, 295A.

6 The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), ss. 101, 196.

7 Equal Justice Initiative, Lynching in America: Confronting the Legacy of Racial Terror, 21 (Montgomery, Alabama, 2017). 8 Stewart E. Tolnay & E. M. Beck, A Festival of Violence: An Analysis of Southern Lynchings, 1882–1930, 89 (University of Illinois Press, Urbana, 1995). 9 Sherrilyn Ifill, “Creating a Truth and Reconciliation Commission for Lynching” 21 Law and Inequality: A Journal of Theory and Practice 263 (2003).

Religion The question of religion remains a factor in mob lynching incidents after 2015. The Constitution of India guarantees the right to freedom of religion under Article 25, yet such acts prevent lawful exercise of this right10. The identity becomes a ground for collective punishment, emphasizing the need for consistent legal enforcement. • Caste The caste system also plays decisive role in vigilante actions. Dalits face targeted violence when they challenge traditional social hierarchy. In 2016, the Una flogging case in Gujarat demonstrate the use of public humiliation against Dalit men for skinning of dead cattle. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 intend to prevent such offences but enforcement fail to deter organized mobs from violating statutory protection11.

• Politics The political environment shapes the manner in which mob actions are perceived and handled. At times, politicians openly defend or justify the conduct of gau rakshaks. This indirect legitimization emboldens vigilante groups and weakens deterrence under criminal law. The absence of uniform condemnation affects the neutrality of state response. The Bharatiya Nyaya Sanhita, 2023 incorporate provisions against organized violence yet selective political support to mob actors reduce its practical impact. 12 • Mob psychology The growth of technology and communication platforms alter the dynamics of collective violence. The circulation of rumours through WhatsApp about child kidnapping or beef consumption result in instant mobilization of crowd. This irrational response erodes the principle of presumption of innocence enshrined under Article 21 of Constitution.

The uncontrolled spread of misinformation convert suspicion into public execution without trial. 13

10 The Constitution of India, 1950 (Act 26 of 1950), art. 25.

11 The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act 33 of 1989).

12 The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).

13 The Constitution of India, 1950 (Act 26 of 1950), art. 21.

3.2 United States

Race The role of race in American lynching history remains dominant. From 1865 onwards, racial violence was justified as a defence of white purity and preservation of social order. African Americans were targeted for alleged insult to white women or for challenging racial hierarchy. The 14th Amendment guarantees equal protection under the laws, yet mobs carried out executions outside judicial authority. 14 • White supremacist groups The Ku Klux Klan, established in 1865, used lynching as a deliberate tactic of terror. Through masked processions, burning crosses and collective intimidation, the organisation enforces racial segregation beyond the statutory framework. It claimed to act as the guardian of the white community while directly undermining due process guaranteed in the criminal justice system.

The failure of federal anti-lynching legislation until 2022 shows how institutional reluctance protected perpetrators for decades. 15 • Economics The factor of economics also contributes to mob violence. African Americans who achieved business success or competed with white labourers became the subject of public lynching. These incidents were not isolated but function as a method of eliminating economic competition. The destruction of Black Wall Street in Tulsa in 1921 illustrates how racial violence combined with economic jealousy to dispossess an entire community of property and livelihood. 16 • Present The contemporary period witnesses new forms of racialised violence. Police killings like those of George Floyd in 2020 represent a systemic continuation of racial control. Although it occurs

14 The Constitution of the United States, amend. XIV, s. 1.

15 Wyn Craig Wade, The Fiery Cross: The Ku Klux Klan in America, 133 (Oxford University Press, New York, 1998). 16 Scott Ellsworth, Death in a Promised Land: The Tulsa Race Riot of 1921, 102 (Louisiana State University Press, Baton Rouge, 1992).

under state authority, the disproportionate use of force against African Americans reflects the historical roots of mob lynching. Civil rights protections under the Constitution and statutes such as the Emmett Till Anti Lynching Act of 2022 aim to criminalise such conduct but public protests indicate persistent failure in ensuring substantive equality.17 IV.

LEGAL AND INSTITUTIONAL FRAMEWORK

4.1 India

Legal Provisions Against Mob Lynching Unlawful Assembly & Rioting: The BNS Section 189 previously IPC Section 141 defines an unlawful assembly. The Section 191 previously IPC Section 146 prescribes punishment for the rioting holding each participant accountable for the collective violence. These provisions establish the foundation for prosecuting group crimes. 18 Murder & Attempt to Murder: The BNS Section 101 replacing IPC Section 302 provides punishment for the murder committed during mob violence19. The Section 109 formerly IPC Section 307 punishes attempt to murder including acts carried out in the context of lynching. Assault & Grievous Hurt: The BNS Section 115, previously IPC Section 323, addresses voluntarily causing hurt. The Section 117 replacing IPC Section 325 penalises voluntarily causing grievous hurt.

These provisions allow targeting physical violence within mob attacks, even if murder does not occur. 20 Criminal Conspiracy & Unlawful Acts: The BNS Section 61, previously IPC Section 120B, criminalises conspiracy to commit offenses. The Section 190, formerly IPC Section 149, holds every member of an unlawful assembly responsible for acts committed by the group. 21 Hate Crimes & Provocation: The BNS Section 196 replacing IPC Section 153A addresses promoting enmity between the different groups. 22

17 The Emmett Till Antilynching Act, 2022 (Public Law No. 117-107, United States).

18 The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), ss. 189, 191.

19 The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), ss. 101, 109.

20 The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), ss. 115, 117.

21 The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), ss. 61, 190.

22 The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), s. 196.

Judicial Response The Supreme Court judgment in Tehseen S. Poonawalla vs. Union of India delivered in 2018 recognised lynching as horrendous acts of mobocracy. It invokes Article 21 of the Constitution to underline right to life and dignity and also Article 14 to protect equality before law. The Court ordered preventive, remedial and punitive measures. Directions included appointment of nodal officer in each district, establishment of special fast-track courts, deterrent punishment and victim compensation. 23 • Legislative Gaps India has not enacted a national law against lynching. The Manav Suraksha Kanoon of 2017 was drafted as a private bill, but it failed to pass in Parliament. In contrast some States legislated specific statutes24.

Rajasthan enacted the Rajasthan Protection from Lynching Act in 2019 with stringent provisions, including punishment up to life imprisonment and liability on police officers for dereliction of duty. 25 The states of Manipur, Rajasthan, and West Bengal pass anti-lynching legislations, but these laws await the presidential assent to become enforceable. The Uttar Pradesh Law Commission in 2019 recommend a law prescribing life imprisonment for convicts involved in lynching. The absence of a central legislation creates difficulty in ensuring uniform implementation across the country. The state laws provide certain procedural safeguards but the gap at national level remain a major challenge. The enforcement varies with local administration and police efficiency, showing the need for coordination between the central government and the state authorities for effective prevention of mob violence.

26

4.2 United States

Historic Legislative Failures The United States has a long record of attempting to criminalise lynching at the federal level. Between 1900 and 1950, over 200 anti-lynching bills was introduced in Congress. The

23 The Constitution of India, 1950 (Act 26 of 1950), arts. 14, 21.

24 Manav Suraksha Kanoon Bill, 2017 (Private Bill, Lok Sabha, not enacted).

25 The Rajasthan Protection from Lynching Act, 2019 (Act 19 of 2019).

26 Equal Justice Initiative, Lynching in America: Confronting the Legacy of Racial Terror 63 (2017).

Southern legislators opposed it citing the states’ rights and local jurisdiction. These bills often failed in committees and debates. 27The failure of Congress meant that lynching remain primarily a state-level offence leaving wide gaps in legal protection. The African American communities continued to face terror and intimidation. This historic inaction allowed white supremacist groups to maintain social control over Black populations in the post- Reconstruction South. • Federal Recognition The Emmett Till Anti Lynching Act was signed in year 2022. This statute classifies lynching as a federal hate crime punishable by up to 30 years imprisonment. The law defines lynching as causing bodily injury or death to a person by violent act of a group intending to intimidate based on race, religion or another protected characteristic.

28 • Civil Rights Acts The Civil Rights Act of 1964 and the Civil Rights Act of 1968 strengthen protections against racially motivated violence and discrimination. The statutes address public accommodations, housing and employment while giving federal authorities power intervene when states fail. These Acts provides legal basis for prosecuting intimidation, assault or conspiracy based on race. The Fourteenth Amendment and Fifteenth Amendment were cited to support enforcement. 29 V.

ROLE OF MEDIA & TECHNOLOGY

5.1 India

Role of Media and Technology The growth of the social media platforms has directly shaped incidents of mob violence in India. In 2017 and 2018 false messages circulated on WhatsApp about child kidnappers in states such as Karnataka, Jharkhand and Assam. These unverified communications triggered

27 Robert L. Zangrando, The NAACP Crusade Against Lynching, 1909–1950 56 (Temple University Press,

Philadelphia, 1980).

28 Equal Justice Initiative, Lynching in America: Confronting the Legacy of Racial Terror 63 (2017).

29 The Constitution of the United States, amend. XIV, s. 1; amend. XV, s. 1.

public panic and resulted in several lynching incidents. 30 • Mainstream Media and Communal Narratives The role of the mainstream media in India remains a serious concern in the context of mob lynching. In several instance coverage of violent incidents has shown a bias where the victims are portrayed as offenders. During the 2017–2018 period, reports framed persons belonging to minority communities as cattle smugglers or criminals rather than victims of unlawful violence. By branding victims with criminal identity media outlets indirectly justify the unlawful assemblies and the brutal acts committed against them. The Press Council of India has issued guidelines for responsible reporting; however, adherence is weak in practice. 31 • The Supreme Court in Tehseen S.

Poonawalla judgment32 The Supreme Court of India in 2018 recognises mob lynching as a grave offence and issue detailed guidelines for its prevention. The court emphasises the duty of the state to act promptly and effectively against such violence within its territory. Appointment of Nodal Officers: The states are directed to appoint Nodal Officers for prevention, monitoring, and reporting of mob violence in their jurisdiction. These officers remain responsible for the coordinating actions with police and local authorities. Fast-Track Trials: The court instruct that lynching cases are to be tried in fast-track courts to ensure the timely justice and limit impunity for the perpetrators. Compensation to Victims’ Families: The court order adequate and immediate compensation for the families of lynching victims to address the socio-economic impact on arising from such incidents.

Accountability of Police and Officials: The police and the local authorities are held accountable for lapses in prevention, failure in maintaining law and order, or negligence in responding to 30 Pratik Sinha, “WhatsApp Rumours and Lynchings: Tracking the Trail of Fake News,” Economic and Political Weekly 53(31) 12 (2018). 31 The Press Council of India, “Norms of Journalistic Conduct” 44 (Press Council of India, New Delhi, 2017).

32 (2018) 9 SCC 501.

mob violence. The court note that these directives are enforceable under the Constitution and existing the criminal laws. However, enforcement remain inconsistent due to political reluctance, weak statutory framework and administrative inefficiency. These guidelines underline the need for the coordinated efforts of law, administration and the civil society in curbing mob lynching.

5.2 United States

The newspapers in early 20th century played a disturbing role in spreading images of mob violence. The act of lynching was not hidden from public but displayed in a way that normalised racial terror. The reports in many southern states described lynchings as events of social justice. The photographs of hanged bodies and burned victims were published in print and converted into postcards for circulation. A large crowd gathering was shown with pride instead of condemnation. Such publication created humiliation for African American communities and strengthened white supremacy. The circulation of these materials in public space raised questions of press ethics and constitutional responsibility. It also reveals the failure of media to act as protector of rights. 33 The incident of George Floyd in 2020 showed how citizen journalism changes the course of legal and social debate.

The cell phone video recorded by a bystander captured the prolonged act of police violence in Minneapolis. The visual evidence was shared instantly across platforms and became central material in criminal prosecution. 34 The media networks broadcasted the footage repeatedly which created national outrage. The circulation of the video formed basis for mass protest under the banner of #BlackLivesMatter. These demonstrations raised constitutional questions of equal protection under Fourteenth Amendment and accountability of law enforcement officers. 35 33 Equal Justice Initiative, Lynching in America: Confronting the Legacy of Racial Terror 36 (Montgomery, 2017).

34 John Eligon, “How George Floyd Changed the World,” The New York Times

35 Jelani Cobb, “The Matter of Black Lives,” The New Yorker

VI.

LANDMARK CASES

Mohammad Akhlaq Case (2015) The Dadri incident in Uttar Pradesh 2015 involved Mohammad Akhlaq who was lynched over allegations of cow slaughter. The local residents accused him without any proper investigation and police registered case under the Sections 302 and 147 of the Indian Penal Code 1860. The Supreme Court and lower courts later examined the lapses in law enforcement and the role of communal tensions. This case show how mob violence bypasses the due process of law and how religious identity become a ground for collective punishment. The incident triggered nationwide debate on cow vigilantism and the absence of a specific anti-lynching statute. 36 • Alwar Lynching Case (2017) The Alwar incident in 2017 involve Pehlu Khan who was attacked by a mob on suspicion of cattle smuggling. The mob beat him severely and he die shortly after the assault.

The event shows the failure of the immediate law enforcement and the influence of communal suspicion on public action. The case highlights the absence of a specific anti-lynching law and the need for fast legal response. The incident spark national discussion on mob justice and protection of lawful citizens. 37 • Jharkhand Mob Lynching Case (2019) The Jharkhand incident in 2019 involve Tabrez Ansari who was accused of theft and beaten by a mob. The attack continues for several hours, and he later succumb to his injuries in hospital. The event expose gaps in timely law enforcement and the influence of rumour on collective violence. The case underlines the absence of a specific anti-lynching statute and the need for swift judicial response. The incident prompt debate on mob justice and protection of vulnerable citizens.

38 36 The Indian Express, “Dadri: Outrage after mob lynches man for allegedly consuming beef”, The Indian Express https://indianexpress. com/article/india/india-others/outrage-after-man-lynched-over-rumour-of-storingbeef-in-house/

37 https://www.nytimes.com/2017/04/05/world/asia/india-cow-mob-hindu-vigilantes.html

38 https://www.indiatoday.in/india/video/tabrez-ansari-lynching-1597544-2019-09-10

Palghar Mob Lynching Case (2020) The Palghar incident in 2020 involve two Hindu saints and their driver who was attacked by a mob in Maharashtra. The victims suffered severe injuries and later dies, showing the failure of the local police to maintain the public order. The event reveals gaps in preventive policing and the investigation. The incident highlights the urgent need for a specific anti-lynching law and the mechanisms that protect individuals from mob violence while ensuring accountability of the perpetrators. 39 • Karnataka Mob Lynching Incident (2022) The Karnataka incidents in 2022 involve several cases where WhatsApp rumours about the child kidnappers spread rapidly. The local populations alarmed by these messages gather in large groups and assault those suspected. The victims suffered from serious injuries and in some events death occurs before medical aid arrives.

The incidents highlight the failure to control misinformation and challenges in maintaining public order. 40

VII.

COMPARATIVE ANALYSIS

7.1 Similarities

1. Assertion of power

The practice of lynching in both societies represent the majoritarian control over minority groups. In the United States, the White population exercises dominance over Black citizens through acts of public violence.41 The method of violence becomes visible sign replacing legal process with extrajudicial action. The continuation of these acts reveals how communities assert superiority by turning victims into symbols of fear.42

2. Weak state response

The reaction of state authorities shows lack of efficiency. In America, police during early 39 https://www.reuters.com/article/us-india-crime/police-arrest-110-people-over-lynching-in-western-indiaidUSKBN2222HT/?il=0 40 https://www.indiatoday.in/india/karnataka/story/mangaluru-mob-lynching-man-from-wayanad-kerala-killedfor-allegedly-shouting-pakistan-zindabad-2717406-2025-04-30

41 United States Constitution, amend. XIV, s.1.

42 The Constitution of India, art. 21.

twentieth century fail to prevent mobs and sometimes assist them. In India, police record incidents but delay filing a First Information Report or refuse to act. The absence of strict application of statutory provisions indicates complicity of state machinery with perpetrators.43

3. Lynching as a tool of fear

The act of lynching functions as tool for spreading intimidation. In India, from 2015 onwards, lynchings relate to cow slaughter or inter-community tensions generating hostility. The fear created through public spectacle ensures silence among victims and reinforce the hierarchy despite constitutional protections under Article 21 and the Fourteenth Amendment.44

4. Social hierarchies and law

The law exists in text but fail in enforcement. The lynching process become instrument for sustaining caste in India and race in America. The legal orders are overshadowed by societal majoritarian will leaving constitutional promise unfulfilled.

7.2 Differences

1. Historical root

The origin of lynching in United States traces to slavery and racial segregation. After the Civil War ended in 1865, White citizens targeted African Americans to maintain social superiority. The practice developed as instrument of racial hierarchy denying equal status. In India, lynching emerges from caste divisions and communal politics. From twentieth century onwards, religion becomes central factor. The roots differ but the outcome remain violent.

2. Legal stance

The legislative approach in two jurisdictions differs. In America, the Emmett Till Antilynching Act enacted in 2022 makes lynching a distinct federal crime removing ambiguity. In India the Bharatiya Nyaya Sanhita 2023 retains provisions like murder under Section 103 or unlawful assembly under Section 187 but treat mob action under general criminal law. The absence of

43 The Bharatiya Nyaya Sanhita, 2023, s. 103.

44 The Bharatiya Nyaya Sanhita, 2023, s. 187.

specific legislation keeps offence within broader penal framework.45

3. Public response

The social mobilization varies. In United States, Civil Rights Movement in 1950s and 1960s elevated lynching into international human rights discourse pressurising state institutions. In India responses remain fragmented along political and communal lines. Some civil groups protest while others justify the violence under the religion. The lack of the united campaign keeps the problem within domestic debate without wider consensus.46

VIII. IMPACT ON DEMOCRACY & HUMAN RIGHTS

8.1 India

The constitutional order in India guarantee equality before law under Article 14 of the Constitution of 1950. 47 When lynching take place, it disturbs the legal protection and deny fair procedure. The secular principle under Article 25 to 28 stand weakened, because religious and caste identities decide who become target. 48 Minority communities live in constant fear when mob violence occur in states. Trust in a justice system is reduced since police and administration does not act impartial. The democratic value is injured when individual rights are suppressed through mob action outside the due process of law. The minority communities in India live under fear when incidents of mob lynching occur and this situation weaken the guarantee of equality under Article 14 of the Constitution of 1950.

The trust in justice system is reduced as police and prosecution fail to perform impartial duties during communal violence. The absence of a special anti-lynching law creates a legal vacuum, while reliance on general provisions of criminal code remains insufficient. The democratic framework suffers when rights are denied without due legal process. 49

45 The Bharatiya Nyaya Sanhita, 2023, s. 187.

46 Ruma Mandal, “Labour Rights in the Informal Economy: Judicial Trends in India”, 42 Economic and

Political Weekly 67 (2007).

47 The Constitution of India, art. 14.

48 The Constitution of India, arts. 25–28.

49 K. Sunder Rajan, Law, Violence and the State in India, 45 (Oxford University Press, New Delhi, 2019).

8.2 United States

In the United States lynching in the late nineteenth and early twentieth century delegitimized Black citizenship by denying to them equal protection promised under the Fourteenth Amendment of 1868. The practice of public executions and mob violence against African Americans became an extra-legal tool which undermine democratic structure. The denial of the voting rights and exclusion from juries were connected with these violent acts. It created a parallel system of racial subordination outside formal legal framework. The impact of lynching was not limited to the individuals but extended to collective life where entire communities lived under threat of violence. The legal institutions that were charged with protecting life and liberty frequently failed in discharging such duties. In many instances local authorities either supported mobs or remain inactive during events of violence.

Modern times show continuity in different forms. The incidents of police brutality against African Americans, including the killing of George Floyd in 2020, continue the cycle of racial distrust in institutions. The video evidence circulated worldwide demonstrated how state actors can violate fundamental rights when oversight mechanisms are weak. The civil rights guaranteed under the Civil Rights Act of 1964 appear weakened when the enforcement is unequal. The democratic order is eroded whenever minority groups perceive law enforcement not as protectors but as agents of the systemic discrimination. 50 IX.

POLICY RECOMMENDATIONS

9.1 India

Comprehensive Anti-Lynching Law The enactment of a central anti-lynching legislation is necessary to provide clarity in law. The statute must define mob lynching as a distinct offence, prescribe stringent punishment, and also mandate victim compensation. The creation of fast-track courts in every district will ensure that trials do not suffer unnecessary delay. A uniform statute will avoid ambiguity that exist 50 Priya Pillai, “Police Brutality and Racial Justice in America”, 29 Indian Journal of International Law 211 (2021).

when cases are prosecuted under general provisions of Bharatiya Nyaya Sanhita, 2023. 51 • Strengthening Police Accountability The police response in incidents of mob violence remain inconsistent. The establishment of independent oversight bodies at state level will secure accountability for dereliction of duty. The investigation must be monitored by a judicial officer to prevent bias in procedure. The Supreme Court in Tehseen S. Poonawalla case of 2018 already underlined that state machinery has a duty to prevent and punish such crimes. This obligation under Article 21 need stronger enforcement through administrative reforms. 52 • Regulation of Hate Speech Online The circulation of inflammatory messages in digital platforms has played a direct role in lynching episodes during 2017 and 2018.

The government must require online intermediaries to trace origin of unlawful messages and remove them under reasonable restrictions permitted by Article 19(2). The Information Technology Act, 2000 already create a framework, but strict liability of platform operators is essential for effective deterrence. 53 • Educational and Social Campaigns The promotion of communal harmony is also a preventive measure. Educational curriculum should include lessons on constitutional values of equality under Article 14 and freedom of religion under Article 25 to 28. Public awareness campaigns conducted in collaboration with civil society can create long term attitudinal change. It is through education that prejudices which sustain mob violence are dismantled. 54

9.2 United States

Enforcement of Emmett Till Anti-Lynching Act The Emmett Till Anti-Lynching Act enacted in 2022 classify lynching as a federal hate crime with punishment extending up to thirty years imprisonment. The enforcement of this law needs

51 Bharatiya Nyaya Sanhita, 2023, s. 103.

52 (2018) 9 SCC 501

53 The Information Technology Act, 2000 (Act 21 of 2000), s. 79.

54 The Constitution of India, arts. 25–28.

strict monitoring by Department of Justice and federal prosecutors. 55It is necessary that coordination between state and federal agencies be established so offenders are not escaping through procedural loopholes. The Act represent a milestone in American criminal jurisprudence. • Addressing Systemic Racism in Policing The existence of racial bias in policing practice undermines constitutional guarantee of equal protection under Fourteenth Amendment. Independent accountability boards must be constituted for reviewing misconduct complaints and also ensuring disciplinary actions. Proper training on civil rights jurisprudence and non-discrimination principles is necessary for every officer. The police culture has to be reshaped to align with constitutional mandate.

56 • Community Policing and Trust Building The investment in community policing programs will help repair relation between law enforcement and minority communities. The adoption of initiatives such as neighbourhood watch, open dialogue forums and partnership with local leaders is important. It is through mutual trust that democratic policing function effectively. These measures strengthen both due process under Fifth Amendment and confidence of public in institutions. 57 X.

CONCLUSION

The phenomenon of mob lynching in India and United States show that, despite their distinct historical origin, both societies experienced violence justified in name of majority identity. In America, the practice rose after abolition of slavery in 1865, targeting Black citizens to deny equal protection promised by Fourteenth Amendment. In India, incidents after independence in 1947 relate with religion, caste and communal politics, where mob action undermine Article

14 and Article 25–28 of Constitution.

The legislative reforms remain essential but not sufficient when social prejudice continue to exist. The passage of Emmett Till Anti-Lynching Act in 2022 mark a federal recognition of the

55 United States, Emmett Till Anti-Lynching Act, 2022.

56 Priya Pillai, “Police Brutality and Racial Justice in America”, 29 Indian Journal of International Law 211 (2021).

57 United States Constitution, amend. V, s.1.

crime. India through the Bharatiya Nyaya Sanhita 2023 still depends upon the general penal provisions which lack in specificity. The legal framework alone cannot dismantle structures of discrimination without transformation in public mindset. The comparative study reflects that law, civil society, and education act together for eliminating mob culture. The constitutional values of liberty, equality and fraternity require institutional enforcement as well as collective social responsibility. This recognition remind that democratic order does not only rest on penal statutes but also on promotion of tolerance and inclusiveness through civic awareness and community harmony.

REFERENCE

Sandria Freitag, Collective Action and Community: Public Arenas and the Emergence of Communalism in North India, 145 (University of California Press, Berkeley, 1989). • Marc Galanter, Justice, Equality and Due Process in Indian Law, 33 Journal of Indian Law and Society 201 (2019). • Stewart E. Tolnay & E. M. Beck, A Festival of Violence: An Analysis of Southern Lynchings, 1882–1930, 89 (University of Illinois Press, Urbana, 1995). • Wyn Craig Wade, The Fiery Cross: The Ku Klux Klan in America, 133 (Oxford University Press, New York, 1998). • Scott Ellsworth, Death in a Promised Land: The Tulsa Race Riot of 1921, 102 (Louisiana State University Press, Baton Rouge, 1992). • K. Sunder Rajan, Law, Violence and the State in India, 45 (Oxford University Press, New Delhi, 2019). • Robert L.

Zangrando, The NAACP Crusade Against Lynching, 1909–1950, 56 (Temple University Press, Philadelphia, 1980). • Sherrilyn Ifill, “Creating a Truth and Reconciliation Commission for Lynching” 21 Law and Inequality: A Journal of Theory and Practice 263 (2003). • Pratik Sinha, “WhatsApp Rumours and Lynchings: Tracking the Trail of Fake News,” 53(31) Economic and Political Weekly 12 (2018). • Ruma Mandal, “Labour Rights in the Informal Economy: Judicial Trends in India,” 42 Economic and Political Weekly 67 (2007). • Priya Pillai, “Police Brutality and Racial Justice in America,” 29 Indian Journal of International Law 211 (2021). • Marc Galanter, “Justice, Equality and Due Process in Indian Law” 33 Journal of Indian Law and Society 201 (2019).

The Constitution of India, 1950 (Act 26 of 1950), arts. 14, 21, 25–28. • The Indian Penal Code, 1860 (Act 45 of 1860), ss. 302, 295A. • The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act

33 of 1989).

The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), ss. 61, 101, 103, 109, 115, 117, 187, 189, 190, 196. • The Information Technology Act, 2000 (Act 21 of 2000), s. 79. • The Rajasthan Protection from Lynching Act, 2019 (Act 19 of 2019). • Manav Suraksha Kanoon Bill, 2017 (Private Bill, Lok Sabha, not enacted). • The Emmett Till Anti-Lynching Act, 2022 (Public Law No. 117-107, United States). • United States Constitution, amend. V, s. 1; amend. XIV, s. 1; amend. XV, s. 1. • Tehseen S. Poonawalla vs. Union of India, (2018) 9 SCC 501. • Mohammad Akhlaq Case (Dadri, 2015), AIR citation not available. • Equal Justice Initiative, Lynching in America: Confronting the Legacy of Racial Terror, 21, 36, 63 (Montgomery, Alabama, 2017). • National Association for the Advancement of Colored People (NAACP), History of Lynching in the United States, 12 (Washington D. C. , 2018).

• The Press Council of India, Norms of Journalistic Conduct, 44 (Press Council of India, New Delhi, 2017). • John Eligon, “How George Floyd Changed the World,” The New York Times, full date available at: https://www. nytimes. com • Jelani Cobb, “The Matter of Black Lives,” The New Yorker, full date available at:

https://www.newyorker.com • The Indian Express, “Dadri: Outrage after mob lynches man for allegedly consuming beef,” The Indian Express, https://indianexpress.com/article/india/indiaothers/outrage-after-man-lynched-over-rumour-of-storing-beef-in-house/ • India Today, “Tabrez Ansari Lynching Video,” https://www.indiatoday.in/india/video/tabrez-ansari-lynching-1597544-2019-09-10 • Reuters, “Police Arrest 110 People Over Lynching in Western India,” https://www.reuters.com/article/us-india-crime/police-arrest-110-people-overlynching-in-western-india-idUSKBN2222HT/?il=0 • India Today, “Mangaluru Mob Lynching: Man From Wayanad Killed For Allegedly Shouting ‘Pakistan Zindabad’,” https://www.indiatoday.in/india/karnataka/story/mangaluru-mob-lynching-man-fromwayanad-kerala-killed-for-allegedly-shouting-pakistan-zindabad-2717406-2025-04-