Mob Lynching as Hate Crime: Legislative Gaps, Judicial Response, and Way Forward

Mob lynching refers to the unlawful killing of individuals or groups by a crowd taking action without legal endorsement. Lynching in India has become a more evident recently, especially in incidents related to accusations of cow slaughter or the consumption of beef, as well as within the contexts of religious and communal conflicts, caste discrimination, false accusations of commission of crimes and moral policing. The prevalent legal remedies are insufficient to prevent the violence and compensate the victims. The absence of specific laws, policies or reliable data relating to mob lynching reflects a systemic gap in the legal and administrative apparatus, resulting in limited prosecutorial success and a lack of deterrence. There is an exigency of a specific law for protection against the crime. This paper critically analyses the motives behind the mob violence by examining numerous incidents of mob lynching. It inspects the legislative framework at hand in India and its efficiency also evaluates the steps taken by the US to curb the mob violence. It examines the guidelines of the Supreme Court in the landmark judgment, also the legislative responses to it given by the states. This paper also explores the role of law enforcement agencies, media platforms and society. This paper seeks to highlight particular areas that need enhancement and to suggest practical solutions that ensure the law remains effective while protecting victims' rights.