Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

Term Paper
Topic: Mob Violence and Vigilantism: In Laws, Causations and
Real Life Incidents
Made By: Natasha Singh

Roll: 19001

Submitted to: Dr. Basant Singh

Year: 5 (Semester 10)

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

Certificate
This is to certify that Ms. Natasha Singh from the Batch of 2024 has
therefore completed her Term Paper with all requirements necessary
duly under the instruction and guidance of the Professor of Law Dr.
Basant Singh, RGNUL Patiala.

___________________
Dr. Basant Singh
Professor of Law
Rajiv Gandhi National University of Law

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

Acknowledgements
This is to hereby acknowledge and express my immense gratitude towards my
Professor, Dr. Basant Singh and Rajiv Gandhi National University of Law
(RGNUL, Patiala) to have granted me an opportunity to work on a project that
has helped me gain useful and practical insights into the subject and has
therefore helped increase my knowledge in the subject matter.
I therefore express my unending gratitude towards all the friends, family and
tutors that have helped me in this project by giving me their useful insights into
the matter therefore enriching this project.
Also, I am thankful to the university for providing all the resources that have
enabled me to write this project to the best of my abilities.

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

Table Of Contents

1. What is Mob Violence……………………………………………6

1.1 Basics of Mob Violence as a Phenomenon…………….……….7
2. Research Methodology..…………………….……………………8
2.1 Research Question………………………………………………8
2.2 Research Objectives and Sub Topics to be Covered………….8
2.3 Research Methodology………………………………………….9
2.4 Limitations in Research………………………………..……...10
3. Laws on Mob Lynching: Comparative Analysis………………12
3.1 Old and New Laws of India…………………………………...12
3.2 What can India learn from Laws of Other Countries?..........15
4. Case Laws……………………………………………….……….17
4.1 Tehseen S. Poonawalla v. Union of India……………….……17
4.2 Shakti Vahini v. Union of India………………………….……17
4.3 Nikhil Soni v. Union of India………………………………….18
4.4 State of Rajasthan v. Virendra Singh………………………...18
4.5 Bhimshakti Vichar Manch v. State of Maharashtra………...19
4.6 Rajesh Sharma & Ors. v. State of U.P. & Anr……………….19
5. Case Studies……………………………………………………...21
5.1 Incidents due to Ethnicities. Religions and Minorities….…...21
5.2 Incidents Due to Politics and Laws…………………………...26
5.3 Incidents Due to Economical Conditions……………………..28
5.4 Incidents Due to Misinformation and Media………………...29

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

6. Causation Factors Of Mob Violence…………………………...32

6.1 Mob Violence based on Historical Grievances……………….32
6.2 Based On Political Actors……………………………………..33
6.3 Due to Media & Social Media…………………………………34
6.4 The Role of Law in Mob Violence…………………………….35
6.5 Role of Marginalisation, Discrimination and Ethnicities……37
6.6 The Role of Geopolitics and International Scene…………….38
6.7 Impact of Economical Situation in Mob Violence…………...40
6.8 Psycho Social Aspects of Mob Mentality……………………..41
6.9 Role of Literacy and Awareness in Mob Violence…………...43
6.10 Common Factors That Lead to Mob Lynching in India…...44
7. Observations And Suggestions…………………………………46
8. Concluding Remarks……………………………………………49

6. References……...………………………………………………...51

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

1. WHAT IS MOB VIOLENCE?

“Nothing is so easy as to train mobs, for the simple reason that they have no mind, no
premeditation. They act in frenzy. They repent quickly”
- Mahatma Gandhi
-
Everywhere we go on this planet, whether it be the flora or fauna, the rural or the urban.
the civilised or the tribe, we see a similar pattern, that is, every living being on this Earth
has the tendency and capability to give in to their most primitive, inherent desires and
behaviours. Whether it is pure instinct or learnt, it is not known where this behaviour
originates from. But no matter how developed one may consider themselves, we all, at
one point have given into our most inherent and ‘animalistic’ desires. All logic, calm,
rational civilisation seems to disappear when we are met with momentary passion,
desires, anger, and we let out our inner barbarian. Taking advantage of our most
vulnerable state within are the evils of misinformation, prejudice, irrational conclusions,
rumours and a lack of the hold of the law on us. But what can formal institutions do to
protect the victim shrouded by the evils of prejudice and rumours? When the tyranny of
the majority strikes and the helpless victim is engulfed by the judgment of the ill
influenced majority? We look to law and government for the sake of justice and safety
but when influenced by temptation or some primitive belief, all our mental training of
many years disappears in the heat of the moment. It could be prejudice, it could be some
erroneous religious belief, it could be deception by prejudice and rumours, it could be
hatred, it could be distrust.1 And when validated by the opinion of many, it becomes deaf
to their inner voice of reason and base compassion. This is the basic reason, the basic
emotion behind the mob, a mob that has been rendered insane by momentary passion and
hatred, by retribution and lust for taking out their anger at the unfortunate target. Their
common goal is influenced by its own imaginary wrongs or real, by its own gratification
and hunger for ‘getting even,’ whether that wrong was real or not. This kind of a ‘Mad
Mob’ may be known by you readers as a Lynching Mob. Speaking of ‘mobs,’ we can say
that in the past crowd events and collective action in general have historically been the
site of construction of new discourses, cultural identities and various types of intra and
inter social relations.2 A progressive liberalist may perceive this so called power of the
commons as a force to be reckoned with, a force that has contributed largely to shape the
various aspects and regulations of the modern world, its many institutions and inner
workings including cultures and subcultures. From the perspective of the Marxist class
struggle fanatics this power of the commons is the instrument through which the

1
Rosser, Luther Z. “The Illegal Enforcement of Criminal Law.” The Virginia Law Register, vol. 7, no. 8, 1921, pp.
569–86. JSTOR, https://doi.org/10.2307/1107032. Accessed 10 Apr. 2024.
2
van Zomeren, Martijn, et al. “Toward an Integrative Social Identity Model of Collective Action: A Quantitative
Research Synthesis of Three Socio-Psychological Perspectives.” Psychological Bulletin, vol. 134, no. 4, 2008, pp.
504–535, https://doi.org/10.1037/0033-2909.134.4.504. Accessed 26 Apr. 2019.

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

proletariat can free himself from alienation and exploitation. Yes, the power of the
commons has been utilized to achieve many feats historically.3 But we often forget that if
weaponized by the wrong influences and sentiments it can also achieve much great vices.
Weaponizing a crowd using various instruments and propaganda has been historically
proved to become a formidable force we all must fear. Whether it was Mark Antony’s
Shakespearean speech that led to the lynching Caesar’s killers by an angry mob in the
ancient times or the hate propaganda spread through social media in modern times that
led to thrashing of innocents, throughout history many incidents have shown themselves
to discredit and delegitimise the power of the commons. Much research has been made to
ascertain its origins, the likelihood for it to arise, the common factors that determine this
likelihood, the behavioural and psychological aspects of mob mentality and violence,
how to prevent such uprisings, how to mitigate these uprisings, the frameworks that
should be adopted for such incidents and such.

1.1 Basics of Mob Violence as a Phenomenon

Mob violence refers to acts of violence perpetrated by a group of individuals, often

against a specific target or perceived threat, without legal authority. These incidents
typically involve an escalation of emotions, often fueled by factors such as rumors,
prejudice, or a desire for vigilante justice. Mob violence can take various forms,
including lynching, vigilantism, rioting, and communal violence, and it can occur in
diverse contexts, ranging from religious or ethnic tensions to disputes over land or
resources.
One of the most concerning aspects of mob violence is its potential to lead to severe
injury or even death for the victims. In many cases, the targets of mob violence are
subjected to brutal attacks, often based on mere suspicion or allegations without any due
process. Such incidents not only result in physical harm but also have profound
psychological and societal impacts, instilling fear and mistrust within communities and
undermining the rule of law.
The causes of mob violence are complex and multifaceted. They can stem from deep-
seated social divisions, economic disparities, political tensions, and the spread of
misinformation through various channels, including social media. Additionally, the
failure of law enforcement agencies to prevent or effectively respond to incidents of mob
violence can further exacerbate the problem, leading to a sense of impunity among
perpetrators.
Addressing mob violence requires a multi-pronged approach that includes preventive
measures, law enforcement interventions, community engagement, and legal reforms. It
is essential to address underlying social, economic, and political factors that contribute to
tensions and conflicts within society. Strengthening law enforcement capabilities,
ensuring swift and impartial justice for victims, and promoting tolerance and respect for
diversity are also crucial steps in combating mob violence and fostering a culture of
peace and justice within communities.

3
DRURY, JOHN. “‘When the Mobs Are Looking for Witches to Burn, Nobody’s Safe’: Talking about the
Reactionary Crowd.” Discourse & Society, vol. 13, no. 1, 2002, pp. 41–73. JSTOR,
http://www.jstor.org/stable/42888412. Accessed 11 Apr. 2024.

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

2. RESEARCH METHODOLOGY

2.1 Research Question

How effective are the current laws and legal enforcement authorities in India in curbing
mob lynching? What can be improved?

2.2 Research Objectives and Sub-Topics to be Covered

• To determine the effectivity of the current legal framework and law enforcement
in curbing mob violence through various aspects. To give suggestions for the
improvement of such by studying the multi facets of such incidents like causes,
factors, historical events of mob violence, et cetera.

• To determine the roots and causes of mob violence, how they occur in various
societies, the factors that determine the likelihood of such incidents which can be
psychosocial, legal situational, economical condition, environmental, general
awareness of the commons, cultural, regional, effectivity of the current law
enforcement authorities (sometimes the people feel the law does not effectively
curb some actions and therefore take matters into their own hands), common
beliefs of the people, class differences and likelihood that they will be misled by
media that takes limited responsibility for misinformation or too much
information unsuitable for the public to be known, et cetera. This is important so
we can determine how to formulate a legal framework that includes effective
directions on how to prevent such incidents. This can also help us determine
likelihood of such incidents occurring, and hence we can implement various legal
regulations on how to prevent them, and what areas we need to focus on to
prevent such mishaps.

• To go through certain case studies of mob violence incidents so we have a

diversified idea on how these incidents occur in real life. While the previous
objective can help us tackle the situation theoretically, through this aim we can
study how these theories end up playing out in real life incidents. This will give
us greater insight into how to apply and formulate better legal regulations
surrounding mob violence. We can also study how historically methods were
used to either curb or aggravate such incidents.

• To draft a comparison between the old and newer laws on lynching in India. To
study and gain references on how laws from all over the world take into account
such mishaps and compare it with those of India, taking into account any cultural
and other differences the target of the study of legal frameworks may have with
those of India and its various sub cultures.

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

• To not only suggest improvements in the legal framework dealing with lynching
but also in the law enforcement authorities so that the situations can be handled in
better ways.

• To study important case laws in Indian Courts to draft an understanding upon

how the legal and judicial system handles such matters and the positions of the
courts over such matters, their reasoning to adjudicate in such matters.

• To study other researches on the topic which take into account different societies
and social structures that contribute to mob violence, those which have studied
such incidents and their variations with the passage of time, those that have taken
into account the different aspects that have triggered such incidents into account
(such as the rise of media, variations in religious beliefs, immigration of different
cultures into those of other cultures, and thereon), those that contain statistics on
such incidents on a national and international level, et cetera.

• To identify which regions and communities in India need extra care in their laws
to curb such incidents, which regions and groups are the most vulnerable so we
can take these groups and regions into account while suggesting improvements in
the current laws.

2.3 Research Methodology

The method we shall apply for conducting this research is secondary doctrinal research,
that is literature review. We will study researches done in contributing factors to mob
violence which will include its social factors, regional factors, psychological factors,
economical factors, legal factors, religious beliefs, et cetera. We will therefore identify
the various root causes of such incidents, in order of their likelihood to cause an uprising.
Next, we will study old and current laws on the matter, differing laws on the matter
adopted by different regions and countries, how effective they are and what we can learn
from them. Thereon we will study national and international statistics on their
occurrences which will further help us identify their effectivity. We will study researches
done in effectivity of the enforcement to curb such situations in various regions.
Therefore this paper will encompass various researches that study mob violence in
different aspects of it to draw conclusions based on a multifaceted perspective and finally
give learnt suggestions on the current laws and enforcement regulations which keep in
mind its various implications. Since it is based upon researches by many learnt authors,
institutions and organisations it is a secondary doctrinal research but we shall not shy
away from gaining logistical data on areas whereby necessary and such researches shall
be primarily done wherever possible. The authenticity shall be proved by providing links
to the data gained by the questionnaires. However, this paper is primarily a secondary
doctrinal research and the questionnaires included shall be provided for reference
purposes only, and due to our limited exposure to diversified samples, shall be taken
with a grain of salt.

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2.4 Limitations in Current Research, Subject and Methodologies

• The first segment of this paper studies causation, roots and factors in its
multidimensional form. The biggest problem this area of research poses is the
fact that it shall give social, psychological, economical, geographical and political
aspect of such incidents, and we will go through many theories explaining such
events in different lights. Then, it may be hard for us to determine the importance
and order of these different aspects which may affect each incident differently. It
shall become necessary to gauge the primary factors behind each incidents and
these primary factors differ in every incident dependent on countless factors. It
shall become difficult to assess all these aspects to predict vulnerability to such
mishaps because we have multiple factors to count on. We have to count on
previously published material which may not only somewhat influence or
obscure the researcher’s point of view but also loses some credibility as
subjective points of view of plenty (since our research also includes a social and
psychological perspective, including many areas of social science, politics and
law).
• Also, the research is secondary but is also based on other secondary and
subjective works, which can deviate from the truth to some extent (in short, it is
an opinion influenced by plenty of other opinions).
• The part of this paper which relies on the causes and factors has to gauge multiple
causations and factors but drafting their importance is heavily dependent on the
researcher’s perspective. It is entirely up to us to make an educated guess upon
which factors are the most important, what methods to employ in each region and
which causational factors we need to pay the most attention to in every situation
to ensure the safety of the people. While the educated opinion may arise after
finally assessing different situations in a multidimensional view it is still leaning
towards subjectivity of the researcher. The only areas where we can make our
research objective are the ones in which we determine the frequency of such
events occurring due to common causes, the extent to which each factor can
cause such incidents and thereon.
• Literature review as a research methodology is arduous and time consuming,
where the researcher has to go through multiple works and gauge through many
perspectives. And even then in literature review, the samples selected have to be
limited to some extent and therefore cannot be said to represent the full extent of
literature and previous research on the matter.
• The part of this paper that relies on doctrinal legal research includes comparative
analysis on older and newer laws in India along with that of the international laws
on lynching shall be met with many kinds of bias, including the differences in
situations in older times and modern, with the rise of many new causation factors
(like media) and disappearance of older ones (like outdated, orthodox beliefs and
intolerance). Plus, comparison with international statutes will come with many
kinds of regional and cultural bias such as different levels of awareness and
literacy, different economic situations, different access to facilities, and et cetera.
• Where we study the Indian case laws we shall be met with the perspective of the
Indian courts, which is usually influenced by many attributes of their subcultures

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(for example, a court may pardon a lynching mob for lynching of a criminal
accused of either a heinous crime or simply accused of deviating from the
common norm, which sometimes the court, being as much as human as the
lynching mob may sympathise with ignoring the technicalities of the law
included in such unlawful assault). Another example would be lynching for
hurting religious sentiments, which is legally and culturally viewed as a crime,
and there had also been many cases where a mob had been pardoned for lynching
rapists (the crime may be conventional or not). So yes, judgements have the
potential to be influenced by the common culture (we can say atleast not as much
as the courts of other countries, since we have abandoned the jury system). We
may be able to assess the perspective of such courts on cases like these and be
able to determine the liability of mobsters when they indulge in such things over
different regions, and what reasons and intentions they had to determine the
likeability of loosening their sentences. This will wary from region to region and
sub culture to culture.
• Lastly, while we will apply the theories we studied to real life incidents of mob
violence, the theory and implication will always as a rule of thumb deviate from
reality to some extent. Therefore to counter this we will study both in different
segments of the paper.

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

3. LAWS ON MOB LYNCHING: COMPARATIVE

ANALYSIS

3.1 Old and New Indian Laws:

Certainly. India has seen an evolution in its laws pertaining to mob lynching, particularly
in response to rising incidents of violence fueled by rumors and social tensions. Here's a
comparison between old and new laws on mob lynching in India:

Old Laws:

1. Indian Penal Code (IPC): The IPC, which dates back to the British colonial era,
has provisions dealing with offenses like murder, assault, and rioting. However,
there was no specific provision addressing mob lynching as a distinct crime.

2. Prevention of Atrocities Act (1989): This act primarily dealt with offenses
against members of Scheduled Castes and Scheduled Tribes. While it included
provisions for preventing violence and atrocities against marginalized
communities, it did not comprehensively cover mob lynching incidents involving
other communities.

New Laws:

• The Supreme Court Guidelines (2018): The Indian Supreme Court issued
significant guidelines in 2018 to address the alarming rise in incidents of mob
lynching and vigilantism across the country. These guidelines were in response to
various incidents where individuals were attacked and sometimes killed by mobs,
often fueled by rumors or suspicions of cow slaughter, child abduction, or other
forms of vigilantism.4

Here's an overview of the key points highlighted in the Supreme Court's guidelines:

1. Preventive Measures: The Supreme Court emphasized the importance of

preventive measures to curb incidents of mob lynching. It urged state
governments to take proactive steps to identify vulnerable areas and
communities where such incidents are more likely to occur and to deploy
adequate law enforcement resources to prevent violence.
2. Immediate Action: The guidelines stressed the need for swift and
immediate action by law enforcement agencies to control mobs and

4
“Above the Law.” Economic and Political Weekly, vol. 44, no. 32, 2009, pp. 7–7. JSTOR,
http://www.jstor.org/stable/25663408. Accessed 12 Apr. 2024.

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prevent violence. This includes taking prompt action to disperse unlawful

assemblies, arrest perpetrators, and protect the lives and properties of
those targeted by the mob.
3. Identification of Perpetrators: The Supreme Court highlighted the
importance of identifying and prosecuting the perpetrators of mob
violence. It directed state governments to ensure that thorough
investigations are conducted into each incident of mob lynching, and
those found responsible are brought to justice swiftly.
4. Prosecution and Compensation: The guidelines emphasized the need for
effective prosecution of those involved in mob violence. They also
stressed the importance of providing compensation to the victims of mob
lynching and their families, including interim compensation to cover
medical expenses and rehabilitation.
5. Awareness Campaigns: The Supreme Court recommended the launch of
public awareness campaigns to educate people about the dangers of mob
violence and the importance of upholding the rule of law. These
campaigns aimed to discourage individuals from taking the law into their
own hands and to promote communal harmony and tolerance.
6. Liaison Officers: The guidelines proposed the appointment of nodal
officers at the district level to monitor and coordinate efforts to prevent
mob lynching. These officers would act as a point of contact between
local law enforcement agencies, government officials, and communities to
address concerns and prevent escalation of violence.
7. It's important to note that while these guidelines provided a framework for
addressing mob lynching incidents, they were not legally binding. Critics
argued that without specific laws to address mob violence, the
effectiveness of these guidelines remained limited. However, they did
serve to highlight the urgency of the issue and put pressure on state
governments to take action to prevent such incidents.

• Anti-Lynching Laws by States: In the absence of a comprehensive national law,

some states in India have introduced their own legislation to address mob
lynching. For example, states like Rajasthan and Manipur have enacted laws
specifically targeting mob violence and lynching:

1. Rajasthan Protection from Lynching Bill, 2019 (Rajasthan): Rajasthan

was one of the first states in India to enact a specific law to combat mob
lynching. The Rajasthan Protection from Lynching Bill, 2019 defines
lynching and provides for stringent punishment, including life
imprisonment and fines for perpetrators. The law also mandates the
establishment of special courts for the speedy trial of lynching cases and
provides for compensation to victims and their families.

2. Manipur Mob Violence Control and Prohibition Bill, 2018

(Manipur): The Manipur Mob Violence Control and Prohibition Bill,
2018 aims to prevent and control mob violence in the state. It defines mob

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violence and provides for imprisonment up to five years and fines for
those found guilty of participating in or inciting mob violence. The law
also includes provisions for compensation to victims and the maintenance
of a Mob Violence Control Room to monitor and respond to incidents of
mob violence.

3. Jharkhand Mob Lynching Act, 2021 (Jharkhand): Jharkhand enacted

the Mob Lynching Act in 2021 to address the growing incidents of mob
violence in the state. The law defines mob lynching and provides for
imprisonment ranging from three years to life, along with fines for
perpetrators. It also mandates the appointment of nodal officers to monitor
and prevent mob lynching and establishes fast-track courts for the speedy
trial of cases.

4. Gujarat Control of Organised Crime (GujCOC) Act, 2015 (Gujarat):

While not specifically targeting mob violence, the GujCOC Act addresses
organized crime, which can include activities such as mob lynching. The
law provides for stringent measures to combat organized crime, including
mob violence carried out by criminal gangs. It allows for the interception
of communications, enhanced penalties, and the establishment of special
courts for the trial of organized crime cases.

These are just a few examples of laws enacted by Indian states to address mob violence.
Other states may have introduced similar legislation or incorporated provisions related to
mob violence in existing laws dealing with public order, communal harmony, and
criminal justice. Additionally, there have been discussions at the national level about
introducing a comprehensive law to address mob lynching, but as of now, no such law
has been enacted.

• The Prevention of Lynching Bill (proposed): There have been discussions at

the national level about introducing a specific law to combat mob lynching. The
proposed Prevention of Lynching Bill aims to define mob lynching as a separate
offense and prescribe stringent punishments for perpetrators. However, as of
now, this bill has not been enacted into law.

Overall, while there have been efforts to address mob lynching through existing legal
frameworks and new legislation at both the state and national levels, the issue remains
complex and challenging to tackle effectively. There is a need for comprehensive legal
reforms and robust enforcement mechanisms to curb the menace of mob violence and
lynching in India.

• Bharitya Nyaya Sanhita: The newly proposed criminal law, known as the
Bharatiya Nyaya Sanhita, 2023 (BNS), has received Presidential approval, but its
implementation date is still pending. This law replaces the 163-year-old Indian
Penal Code (IPC). Notably, the BNS, 2023 introduces the concept of "mob
lynching" as a distinct offense under Section 103(2). According to this provision,

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"mob lynching" is classified as a severe form of culpable homicide. Additionally,

the law imposes penalties ranging from a minimum of 7 years to the death
penalty for individuals convicted of this offense. It's worth mentioning that
although Section 103(2) delineates the parameters of this offense, it does not
explicitly use the term "mob lynching."

3.2 What can India learn from Laws of Other Countries?

Certainly, comparing Indian laws on mob lynching with those of other countries can
provide valuable insights into potential areas for improvement. Let's explore some
examples:

1. United States:

• In the United States, laws related to mob violence vary by state, but there are
federal laws addressing hate crimes and civil rights violations.
• The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009
allows federal authorities to investigate and prosecute hate crimes motivated by
factors such as race, religion, or sexual orientation.
• Indian laws could learn from the U.S. approach by enacting specific legislation at
the federal level to address mob lynching and hate crimes, providing a
comprehensive framework for investigation and prosecution.

2. Brazil:

• Brazil has faced challenges related to mob violence, particularly in urban areas.
In response, some Brazilian states have introduced legislation to combat lynching
and mob violence.
• The state of São Paulo, for example, enacted a law in 2018 that imposes harsh
penalties for individuals involved in lynching or vigilante justice.
• Indian laws could benefit from studying Brazil's approach to addressing mob
violence and implementing similar measures to deter and punish perpetrators
effectively.

3. South Africa:

• South Africa has a history of mob violence and vigilantism, particularly in the
context of community justice systems known as "mob justice."
• The South African government has introduced measures to address mob violence,
including public awareness campaigns, community policing initiatives, and legal
reforms.
• Indian laws could learn from South Africa's experience by focusing on
community engagement, promoting trust in law enforcement, and empowering
communities to address underlying social issues contributing to mob violence.

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

4. Philippines:

• The Philippines has grappled with extrajudicial killings and vigilante justice,
particularly in the context of the government's war on drugs.
• While the government has taken a tough stance on crime, human rights
organizations have raised concerns about the lack of due process and
accountability in addressing mob violence.
• Indian laws could learn from the Philippines' experience by emphasizing the
importance of upholding human rights standards and ensuring that efforts to
combat mob lynching are conducted within the framework of the rule of law.

In summary, Indian laws on mob lynching could benefit from studying the approaches
taken by other countries, including enacting specific legislation, promoting community
engagement, and upholding human rights standards. By learning from international best
practices and adapting them to the Indian context, lawmakers can work towards
effectively addressing the scourge of mob violence and promoting justice and communal
harmony.

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4. CASE LAWS

4.1 Tehseen S. Poonawalla v. Union of India5

In the landmark case of "Tehseen S. Poonawalla v. Union of India," heard by the

Supreme Court of India in 2018, the Court responded to the alarming rise in mob
lynching incidents across the country. The case was brought before the Court as a Public
Interest Litigation (PIL) petition, highlighting the urgent need for preventive measures to
address this societal menace.
During the proceedings, the petitioners argued that mob lynching incidents, often fueled
by rumors and communal tensions, posed a grave threat to the rule of law and the
fundamental rights guaranteed under the Constitution of India. They emphasized the duty
of the state to protect its citizens from such acts of violence and called for immediate
intervention to curb the proliferation of mob vigilantism.
In response, the Supreme Court issued a series of directives to the central and state
governments, emphasizing the importance of preventive measures to curb mob lynching.
The Court directed state governments to appoint nodal officers in each district to monitor
and prevent lynching incidents. Additionally, it instructed authorities to take strict action
against perpetrators of mob violence and to provide compensation and rehabilitation to
victims and their families.
The Court also highlighted the role of social media and fake news in inciting violence
and directed authorities to take measures to curb the spread of misinformation. It stressed
the accountability of law enforcement agencies in preventing mob violence and ensuring
the safety and security of all citizens.
Overall, the proceedings in the "Tehseen S. Poonawalla v. Union of India" case
underscored the judiciary's commitment to upholding the rule of law and protecting the
rights and liberties of individuals in the face of growing threats posed by mob lynching.
The directives issued by the Supreme Court provided a comprehensive framework for
addressing this societal problem and ensuring justice for victims of mob violence.

4.2 Shakti Vahini v. Union of India6

In the case of "Shakti Vahini v. Union of India," heard by the Supreme Court of India in
2018, the Court addressed the critical issue of honor killings and related acts of violence
perpetrated by community groups, particularly Khap Panchayats (caste-based village
councils). The proceedings in this case aimed to provide legal remedies to prevent and
prosecute such heinous crimes.
During the proceedings, the petitioners argued that honor killings and other acts of
violence, carried out in the name of family or community honor, violate fundamental
rights guaranteed under the Constitution of India. They highlighted the need for
5
Tehseen S. Poonawalla v. Union of India 2018 SCC Online SC 1690
6
Shakti Vahini v. Union of India (2018) 7 SCC 192

17
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

immediate intervention by the judiciary to protect individuals, especially couples in

inter-caste or inter-religious marriages, from threats and violence.
In response, the Supreme Court reiterated that honor killings are illegal and
unconstitutional, emphasizing the paramount importance of individual autonomy and
choice in matters of marriage and personal relationships. The Court directed state
governments to take proactive measures to prevent honor killings and provide protection
to couples facing threats from family members or community groups.
Furthermore, the Court instructed law enforcement agencies to investigate honor killings
promptly and effectively, ensuring that perpetrators are brought to justice. It emphasized
the duty of the state to uphold the rule of law and protect the lives and dignity of all
citizens, irrespective of caste, religion, or community affiliation.
Overall, the proceedings in the "Shakti Vahini v. Union of India" case underscored the
judiciary's commitment to safeguarding individual rights and liberties and combating
harmful practices that undermine the principles of equality and justice. The directives
issued by the Supreme Court provided a legal framework to address honor killings and
related acts of violence, signaling a significant step towards promoting social justice and
human rights in India.

4.3 Nikhil Soni v. Union of India7

In the "Nikhil Soni v. Union of India" case, heard by the Supreme Court of India in 2020,
the Court addressed the pressing issue of vigilantism and mob violence perpetrated by
self-appointed groups. The proceedings aimed to provide legal remedies to prevent and
prosecute such unlawful acts. During the proceedings, the petitioners argued that
vigilantism and mob violence violate fundamental rights guaranteed under the
Constitution of India. They highlighted instances where individuals, often targeted based
on suspicions of cow slaughter or religious affiliations, were subjected to violence by
self-appointed groups. In response, the Supreme Court reiterated that vigilantism and
mob violence are illegal and unconstitutional, undermining the rule of law and individual
rights. The Court emphasized the state's duty to maintain law and order and protect
citizens from such acts of violence. The Court directed state governments to take
proactive measures to prevent vigilantism and mob violence, ensuring the safety and
security of all citizens. It also instructed law enforcement agencies to investigate
instances of vigilantism promptly and effectively, holding perpetrators accountable for
their actions. Overall, the proceedings in the "Nikhil Soni v. Union of India" case
underscored the judiciary's commitment to upholding the rule of law and protecting
individual rights and liberties. The directives issued by the Supreme Court provided a
legal framework to address vigilantism and mob violence, signaling a significant step
towards promoting justice and social harmony in India.

4.4 State of Rajasthan v. Virendra Singh8

In the case of "State of Rajasthan v. Virendra Singh" (2015), the Supreme Court of India
addressed a tragic incident of mob violence linked to cow protection. The proceedings

7
Nikhil Soni v. Union of India MANU/RH/1345/2015
8
State of Rajasthan v. Virendra Singh 2000 CRIL 2899

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

centered on the unlawful killing of a Muslim man by a mob, allegedly suspecting him of
cow smuggling. During the proceedings, the Court condemned the incident and reiterated
the fundamental principle that no individual or group has the right to take the law into
their own hands. The Court emphasized the duty of the state to maintain law and order
and protect the rights of all citizens, regardless of their religion or community.
The judgment underscored the need for stringent measures to prevent mob violence and
uphold the rule of law. It highlighted the responsibility of law enforcement agencies to
promptly investigate instances of mob violence and prosecute the perpetrators to ensure
justice. Overall, the proceedings in the "State of Rajasthan v. Virendra Singh" case
emphasized the judiciary's commitment to safeguarding individual rights and promoting
justice in the face of mob violence and vigilantism.

4.5 Bhimshakti Vichar Manch v. State of Maharashtra9

Causation Factors and Arguments: The case revolved around a mob lynching incident
where members of a minority community were attacked by a violent mob. The
petitioners argued that the incident was fueled by religious prejudice and communal
tensions. They highlighted the role of misinformation and rumors spread through social
media in inciting the mob to violence.

Reasoning and Court's Observations: The Bombay High Court, in its judgment,
condemned the mob violence and emphasized the need to uphold the rule of law and
protect the rights of all citizens. The court noted that such incidents undermine the fabric
of society and pose a serious threat to communal harmony. It underscored the
responsibility of the state to prevent and prosecute acts of mob violence effectively.

Court's Decision: The Bombay High Court ruled in favor of the petitioners, directing
the state government to take stringent measures to prevent mob violence and ensure the
safety of vulnerable communities.

4.6 Rajesh Sharma & Ors. v. State of U.P. & Anr.10

Causation Factors and Arguments: The case addressed the issue of misuse of Section
498A of the Indian Penal Code (IPC), which deals with dowry harassment, and its
potential role in triggering false cases and subsequent mob violence. The petitioners
argued that false dowry harassment cases filed under Section 498A often led to social
ostracization, harassment, and even violence against the accused and their families.\

Reasoning and Court's Observations: The Supreme Court of India, in its judgment,
acknowledged the concerns raised by the petitioners regarding the misuse of Section
498A and its impact on individuals and families. However, the Court also highlighted the
importance of protecting victims of genuine cases of dowry harassment and domestic
violence.

9
Bhimshakti Vichar Manch v. State of Maharashtra (2017) SCC Online Bom 2116
10
Rajesh Sharma & Ors. v. State of U.P. & Anr. (2017) SCC Online SC 821

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

Court's Decision: The Supreme Court issued guidelines to prevent the misuse of Section
498A and directed the formation of Family Welfare Committees at the district level to
scrutinize complaints before any arrests are made. The Court emphasized the need for a
balanced approach to address both genuine cases of dowry harassment and false
allegations.

The discussed cases, including "State of Rajasthan v. Virendra Singh," "Tehseen S.

Poonawalla v. Union of India," "Shakti Vahini v. Union of India," "Bhimshakti Vichar
Manch," and "Rajesh Sharma & Ors. v. State of U.P. & Anr.," collectively shed light on
the significant legal and societal ramifications of mob violence in India. They underscore
the urgency to address various causational factors such as communal tensions,
misinformation, and societal prejudices that fuel such violence. These cases emphasize
the responsibility of the state to uphold the rule of law, protect individual rights, and
promote communal harmony. Their significance lies in the directives issued by the courts
to prevent, investigate, and prosecute instances of mob violence effectively. While each
case addresses distinct aspects of mob violence, they collectively highlight the need for
comprehensive legal frameworks and proactive measures to combat this societal menace.
These judgments signify the evolving legal landscape concerning mob lynching in India,
signaling a shift towards prioritizing the protection of individual rights and ensuring
justice for victims of such violence.

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

5. CASE STUDIES

“Atrocity cannot by its own explanation, violence cannot be allowed to speak for itself,
for violence is not its own meaning. To make it thinkable it needs to be historicized. We
may agree that genocidal violence cannot be understood as rational, yet we need to
understand it as thinkable. Rather than run away from it, we need to realize that it is the
popularity of the genocide that is its uniquely troubling aspect.”11
- Mahmood Mamdani

5.1 Incidents due to Ethnicities. Religions and Minorities

This factor has led to not only mob lynchings, but also many other types of communal
violence and hate crimes. We have raided, plundered, robbed, raped, injured and killed
many people on the basis of them having different beliefs, racial backgrounds, origins or
cultures. Throughout history people have taken immense pleasure in villainising and
criticising various groups they consider different from themselves, and this can differ
from common ridicule to borderline harassment, and no, it simply doesn’t end there.12
Let’s go through some examples of mob violence and mentality on various incidents that
centred around prejudice of various groups.

The Farkhunda Malikzada Case13

One notable case study of mob violence based on cultural differences is the lynching of
Farkhunda Malikzada in Kabul, Afghanistan, in 2015. Farkhunda, a 27-year-old woman,
was falsely accused of burning a Quran by a local cleric, inciting a violent mob to attack
her in broad daylight.
Here's an overview of the case:
Background: Farkhunda Malikzada was a devout Muslim and a teacher of Islamic
studies in Kabul, Afghanistan. On March 19, 2015, she became embroiled in an
argument with a local vendor outside Shah-Do Shamshira Mosque over the sale of
amulets, which she believed were un-Islamic. The vendor accused Farkhunda of burning
a Quran, a claim that was quickly spread throughout the neighborhood by a local cleric.
Mob Violence: Angered by the false accusation, a violent mob quickly formed outside
the mosque, comprised of hundreds of people. Farkhunda was dragged from the scene,
beaten, kicked, and struck with sticks and stones. Despite her pleas of innocence, the

11
Mamdani, Mahmood. When Victims Become Killers : Colonialism, Nativism, and the Genocide in Rwanda.
Princeton, New Jersey, Princeton University Press, 2020, pp. 228–229.
12
Pick, Daniel. “Freud’s ‘Group Psychology’ and the History of the Crowd.” History Workshop Journal, no. 40,
1995, pp. 39–61. JSTOR, http://www.jstor.org/stable/4289386. Accessed 11 Apr. 2024.
13
Rahman, Farhana. “Farkhunda’s Legacy: Gender, Identity, and Shifting Societal Narratives in Afghanistan.”
Feminist Review, no. 117, 2017, pp. 178–85. JSTOR, http://www.jstor.org/stable/44987335. Accessed 12 Apr.
2024.

21
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

mob continued to attack her mercilessly. Shockingly, some members of the crowd filmed
the assault on their mobile phones and shared the footage on social media, amplifying the
brutality of the attack.
Death of Farkhunda: The assault on Farkhunda lasted for approximately three hours
before the police were able to intervene. By the time they reached her, Farkhunda had
been severely injured and was barely conscious. She was taken to a hospital but
succumbed to her injuries shortly afterward. An autopsy later revealed that she had died
from severe head injuries, fractures, and internal bleeding.
Aftermath: The lynching of Farkhunda Malikzada sparked outrage and condemnation
both within Afghanistan and around the world. It highlighted the pervasive problem of
mob violence, misogyny, and religious extremism in Afghan society. Thousands of
people attended Farkhunda's funeral, demanding justice for her brutal murder. The
incident also prompted calls for reforms within the Afghan justice system and efforts to
combat religious extremism and intolerance.
Legal Proceedings: Following Farkhunda's death, 49 individuals were arrested and
charged in connection with her murder. In a landmark trial, eight men were sentenced to
death, and 18 others received prison sentences ranging from 16 years to life
imprisonment. The remaining defendants were acquitted due to lack of evidence. The
trial was hailed as a significant step towards accountability for mob violence in
Afghanistan, although concerns were raised about the fairness and transparency of the
judicial process.
The case of Farkhunda Malikzada serves as a tragic example of how cultural differences,
religious extremism, and mob mentality can converge to fuel violence and injustice. It
underscores the importance of promoting tolerance, respect for human rights, and the
rule of law to prevent such atrocities from occurring in the future.

The Lara Logan Case14

In 2011, the Lara Logan case was all over the news in the United States. This case tells
us about the religious and cultural biases or the pervasive tendency to blame victims of
mob violence along with giving us a clear rendition of reference groups, mob mentality
and bystander intervention. Lara Logan was swept up by a mob of roughly 200 men in
Egypt, separated from her crew and endured a ‘brutal and sustained beating and assault’
which lasted for about half an hour. She was rescued by Egyptian women and 20
Egyptian soldiers.
Blaming the Culture and Religion: This incident was met as an event ‘typical’ of the
Middle East or an event immune to a social analysis. Neither are true. The consumers of
the news, typically those of the west blamed the Arab culture or Islam instead. The
general argument of the people was that the Arabs and Muslims have low respect for
women (particularly those of the west) that the lynching of the victim was bound to
happen. They were of the opinion that such events were particular of the middle east, and
that the people are a violent, intolerant folk. Some people blamed the victim as she was a
female, conventionally attractive and blonde and she walked by herself into a ‘warzone.’

14
Replogle, Elaine. “Reference Groups, Mob Mentality, and Bystander Intervention: A Sociological Analysis of
the Lara Logan Case.” Sociological Forum, vol. 26, no. 4, 2011, pp. 796–805. JSTOR,
http://www.jstor.org/stable/41330895. Accessed 11 Apr. 2024.

22
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

Now, these people described a place of a different culture as a warzone, therefore

implying that these incidents are a common occurrence there? This opinion backed by
many articles in unfortunately merely a stereotype and statistics pose a different reality.
We can also see this case of mob violence in a different light, that is women of a
different culture being treated throughout history as an ‘enemy’ woman, and being
subjected to various kinds of sexual assaults. It is possible that the angry mob in Egypt
viewed her Caucasian, blonde appearance as that of a woman prejudiced to be against
their religious views and hence attacked her due to their inner lying prejudice against
women of such nationalities and cultures. Interestingly, many Caucasian women are also
Islamic (like women from Turkey, Bosnia, Albania, etc.) and the crowd attacked her
without knowing where her origins lie. She was blonde, she was white, hence she was
everything their culture and religion stood against. Its interesting how both sides of the
mob, the angry Egyptian men and the media of the west were both heavily influenced by
their prejudice against the other’s cultures in the incident.

The Dimapur Lynching15

This incident deals with the problem of culture clashing and immigration of different
ethnicities, along with the problem of various prejudices against minorities. A mob made
of thousands broke into the Central Jail in Nagaland and freed thousands of hardened
Naga criminals until they found the man (falsely so, unknown to the public) accused of
raping a Naga student and being an illegal Bangladeshi immigrant. The staff on duty in
the jail was overpowered by the mob of thousands who proclaimed slogans of wanting
Bangladeshis to get out of Nagaland, insisting that Nagas are not safe because of the
immigrants. Even the leaders of the mob, the Naga Students Federation declared that
‘unless we act tough, these Bangladeshis will become masters of our land.’ The real
horror unfolds afterwards. By the mob of thousands, he is stripped naked and mutilated
to a bloody, pulpy mess, and tied to a motorcycle by a rope, and is dragged through the
streets. Nobody tried to intervene and end the madness. Besides, who could when the
criminals were in thousands and if they tried to help him, they could meet the same fate?
On the way he was paraded, naked, bloody and painfully dragged on the road by a
motorcycle, the crowd had reached between 7,000 to 10,000. And what did these many
people do? They cheered and shared photos and recorded videos, not even single one of
them overcome by humanity or compassion. By the time they reached the clock tower to
hang him, he was already dead. And let’s not forget one important detail. This man was
innocent, and not even a Bangladeshi to begin with. They hanged his naked bloody
carcass on the tower. And this happened in broad daylight.16
Now, many theories and inferences have arisen out of this one incident. Some blamed
state failure and lack of proper police force to hold back the mob, some blamed the
political situation of Nagaland as it is filled with insurgent groups and terrorists,
including anti nationalists that the common folk rumour to be from Myanmar, China,

15
Wouters, Jelle J. P. “How to Interpret a Lynching?: Immigrant Flows, Ethnic Anxiety, and Sovereignty in
Nagaland, Northeast India.” Flows and Frictions in Trans-Himalayan Spaces: Histories of Networking and
Border Crossing, edited by Gunnel Cederlöf and Willem van Schendel, Amsterdam University Press, 2022, pp.
167–202. JSTOR, https://doi.org/10.2307/j.ctv2jsh08c.10. Accessed 11 Apr. 2024.
16
KURIAN, ANNA. “Dimapur Lynching and the Impossibility of Remembering.” Economic and Political Weekly,
vol. 50, no. 51, 2015, pp. 25–27. JSTOR, http://www.jstor.org/stable/44002985. Accessed 12 Apr. 2024.

23
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

Bangladesh, et cetera. So there is already a common misconception among the people

about the people from neighbouring countries like Bangladesh. Many claimed that the
state of Nagaland is an epitome of misrule. Others gave their opinion that
disenchantment with the government and a fraught state society at a level level were
undoubtedly part of a general atmosphere that enabled the lynching.
Some considered group psychology to analyse the situation. They interrogated the
impulse, an amplified rage, a beastly, grisly urge that compelled thousands of ethnic
tribal Nagas to participate in this spectacle of bodily violence, either as enactors of
egregious violence or as spectators cheering them on. The alleged rape of a Naga woman
triggered the violence, but what was the deeper, the real reason behind the fury of the
Naga mob? Was it a rape accusation against an ethnic other and not any other crime (of
which there are countless reported in Dimapur) or a rape allegation against a fellow Naga
that galvanised the Naga body politic? What, furthermore was the public transcript its
perpetuators sought to convey through callous cruelty and calculated exhibitionism of a
hapless body? The other is the fear of Nagas’ ethnic emasculation and the voiding of
constitutionally enshrined ethno-territorial sovereignty (of whose political genealogy and
praxis more below) over an ancestral homeland through the arrival of hordes of non-
local, non-tribal immigrants. This ‘invasion’ of ‘strangers’, in terms of a sociological
category that denotes those who come today and stay tomorrow, is experienced as
potentially causing the perceived pollution, even erasure, of Nagas’ everyday practical
sovereignty over their culture, territory, identity, and belonging. In a seminal essay,
Arjun Appadurai explains morbid ethnic violence as the expression of rising forms of
social uncertainty over identity engendered by the forces of globalization, and in
particular by the rapidly growing migration movements (both forced and voluntary) that
increasingly complicate links between citizenship, territory, and ethnic identification and
belonging. Amid this uncertainty, he argues, the body can become ‘a theater for the
engagement of uncertainty’ through vivisectionist violence that transforms social
uncertainty into ‘dead certainty’ by first mutilating and then eliminating the ethnic other
from the body politic.17

The Danish ‘Prophet’18

The controversy surrounding the publication of cartoons depicting the Prophet

Muhammad in a Danish newspaper in 2005 led to widespread outrage and, tragically,
instances of mob violence in several countries. The cartoons, first published by the
Danish newspaper Jyllands-Posten, sparked protests and condemnation across the
Muslim world due to the belief that depicting the Prophet Muhammad is blasphemous
according to Islamic tradition.
Here's an overview of the events surrounding the mob violence sparked by the Danish
cartoons:

17
Appadurai, Arjun. “Arjun Appadurai.” Globalizations, vol. 11, no. 4, 4 July 2014, pp. 481–490,
https://doi.org/10.1080/14747731.2014.951209.
18
Hassner, Ron E. “Blasphemy and Violence.” International Studies Quarterly, vol. 55, no. 1, 2011, pp. 23–45.
JSTOR, http://www.jstor.org/stable/23019512. Accessed 11 Apr. 2024.

24
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

1. Publication of the Cartoons: In September 2005, Jyllands-Posten published 12

editorial cartoons depicting the Prophet Muhammad. The cartoons ranged from
satirical portrayals to depictions of the Prophet wearing a bomb-shaped turban,
which many Muslims found deeply offensive. The newspaper cited freedom of
speech as the rationale for publishing the cartoons, sparking a debate over the
limits of free expression and the responsibility of the media to respect religious
sensitivities.
2. Global Protests and Outrage: The publication of the cartoons ignited a wave of
protests, boycotts, and diplomatic tensions across the Muslim world.
Demonstrations erupted in various countries, with protesters condemning the
cartoons as blasphemous and demanding apologies from the Danish government
and the newspaper. Calls for boycotts of Danish products and diplomatic reprisals
followed, straining relations between Denmark and Muslim-majority countries.
3. Instances of Mob Violence: In several countries, the protests against the Danish
cartoons escalated into instances of mob violence, with demonstrators attacking
embassies, businesses, and individuals perceived to be associated with Denmark
or Western interests. One of the most notorious instances of mob violence
occurred in February 2006 when protesters in Damascus, Syria, attacked the
Danish and Norwegian embassies, setting them on fire and causing extensive
damage. Similar incidents occurred in other countries, resulting in injuries,
deaths, and destruction of property.
4. Government Responses: Governments in Muslim-majority countries
condemned the publication of the cartoons and called for international solidarity
against what they perceived as an affront to Islam. Some governments took
diplomatic measures, such as recalling ambassadors or boycotting Danish goods,
to register their protest. However, critics accused some governments of exploiting
the controversy for political gain and of failing to prevent or mitigate instances of
mob violence.
5. International Reactions: The publication of the cartoons and the subsequent
violence sparked a global debate over freedom of speech, religious tolerance, and
the responsibility of the media. While many defended the right to freedom of
expression, others argued that the cartoons crossed a line by targeting a religious
figure held sacred by millions of people. The controversy raised questions about
the role of cultural sensitivity and respect for religious beliefs in a diverse and
interconnected world.19

Overall, the mob violence sparked by the Danish cartoons underscored the deep-seated
religious sensitivities and cultural divides that exist in the global community. It
highlighted the importance of respectful dialogue, mutual understanding, and peaceful
conflict resolution in addressing contentious issues and preventing violence fueled by
religious or cultural differences.

19
Oswald, F. L. “Lynch Epidemics.” The North American Review, vol. 165, no. 488, 1897, pp. 119–21. JSTOR,
http://www.jstor.org/stable/25118853. Accessed 12 Apr. 2024.

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

5.2 Incidents Due to Politics and Laws

Lynching of Afro Americans During Civil Rights Movements20

The lynching of African Americans during the Civil Rights Movement in the United
States was deeply intertwined with politics, reflecting the broader social and political
dynamics of the time. Here's how politics played a significant role in shaping the context
and consequences of these atrocities:

1. White Supremacy and Racial Segregation Laws: The era of lynching in the
United States, particularly during the late 19th and early 20th centuries, was
characterized by institutionalized racism and white supremacy. State and local
governments implemented laws and policies that enforced racial segregation and
denied African Americans their basic rights and liberties. These Jim Crow laws
were not only a reflection of political power dynamics but also served to maintain
the social and economic dominance of white elites.
2. Political Complicity and Inaction: Despite the widespread knowledge of
lynching and racial violence, many political leaders at the local, state, and federal
levels turned a blind eye to these atrocities or actively perpetuated them. Some
law enforcement officials, judges, and politicians were complicit in lynching
incidents, either through their direct participation or by failing to hold
perpetrators accountable. The lack of political will to address racial violence
perpetuated a culture of impunity and emboldened vigilante groups to continue
their reign of terror.
3. Civil Rights Activism and Political Resistance: The lynching of African
Americans served as a catalyst for political activism and resistance within the
black community and beyond. Civil rights leaders such as Ida B. Wells, W.E.B.
Du Bois, and later, Martin Luther King Jr., used their platforms to expose the
brutality of lynching and to demand legislative and judicial reforms to combat
racial violence. Their efforts contributed to the broader Civil Rights Movement,
which sought to dismantle segregationist policies and secure equal rights and
protections for African Americans under the law.
4. Federal Intervention and Legislative Reform: Pressure from civil rights
activists and growing public outrage over lynching eventually led to federal
intervention and legislative reform. In 1964, Congress passed the Civil Rights
Act, which outlawed discrimination based on race, color, religion, sex, or
national origin and provided federal oversight to ensure the enforcement of civil
rights laws. Additionally, in 1968, Congress passed the Fair Housing Act, which
prohibited discrimination in the sale, rental, and financing of housing based on
race, among other factors.
5. Legacy and Continued Struggle: Despite these legislative victories, the legacy
of lynching continues to haunt American society, perpetuating systemic racism
and inequality. The political, social, and economic disparities created by centuries

20
Morris, Aldon D. “A Retrospective on the Civil Rights Movement: Political and Intellectual Landmarks.”
Annual Review of Sociology, vol. 25, 1999, pp. 517–39. JSTOR, http://www.jstor.org/stable/223515. Accessed
12 Apr. 2024.

26
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

of racial violence and oppression persist to this day, fueling ongoing struggles for
racial justice and equity. The lynching of African Americans during the Civil
Rights Movement serves as a stark reminder of the deep-rooted injustices
embedded in the fabric of American society and the ongoing fight for equality
and human rights.

The Attache Killings

One significant example of mob lynching during a period of political upheaval occurred
in Haiti during the presidency of Jean-Bertrand Aristide in the early 1990s. Aristide, a
former Catholic priest who championed the cause of the poor and marginalized, was
elected as Haiti's first democratically elected president in 1990. However, his presidency
was marked by political turmoil, social unrest, and violence between rival political
factions.
In 1991, just eight months into his presidency, Aristide was ousted in a military coup led
by General Raoul Cédras. The coup sparked widespread protests and resistance from
Aristide's supporters, particularly in urban areas such as Port-au-Prince, the capital city.
In the ensuing chaos and power vacuum, various armed groups, including paramilitary
forces and criminal gangs, vied for control of the streets, leading to a surge in mob
violence and extrajudicial killings.
One of the most infamous incidents of mob lynching occurred in September 1993, when
a group of Aristide supporters known as "attaches" (Creole for "attachés") was accused
of being sympathetic to the ousted president and engaging in violent reprisals against his
opponents. In retaliation, anti-Aristide mobs targeted alleged attaches, subjecting them to
brutal beatings, torture, and public executions.
These mob lynchings, often carried out in broad daylight and with impunity, exacerbated
the cycle of violence and political instability in Haiti. They served as a grim reminder of
the dangers of unchecked mob violence and the manipulation of political tensions for
nefarious ends. The lynching of alleged attaches highlighted the intersection of politics,
social unrest, and vigilantism in Haiti during a turbulent period in its history.21

The Lumumba Affair22

Another example of mob lynching during a period of political upheaval occurred in the
Democratic Republic of the Congo (DRC) during the aftermath of the assassination of
Prime Minister Patrice Lumumba in 1961. Lumumba, a charismatic leader and advocate
for Congolese independence from Belgian colonial rule, was overthrown in a coup
orchestrated by Western-backed forces and subsequently assassinated in January 1961.
Following Lumumba's assassination, the DRC plunged into a protracted period of
political turmoil and violence as various factions vied for power and influence. Amidst
the chaos, allegations and rumors spread that Lumumba's supporters were plotting to
avenge his death and destabilize the new government.

21
Oswald, F. L. “Lynch Epidemics.” The North American Review, vol. 165, no. 488, 1897, pp. 119–21. JSTOR,
http://www.jstor.org/stable/25118853. Accessed 12 Apr. 2024.
22
KUKLICK, BRUCE. “Killing Lumumba.” Proceedings of the American Philosophical Society, vol. 158, no. 2,
2014, pp. 144–52. JSTOR, http://www.jstor.org/stable/24640202. Accessed 12 Apr. 2024.

27
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

In this volatile atmosphere, mobs consisting of anti-Lumumba forces, as well as civilians

influenced by propaganda and fear, launched attacks on individuals suspected of being
affiliated with Lumumba or sympathetic to his cause. These attacks often took the form
of brutal beatings, public executions, and other forms of extrajudicial violence.
One particularly notorious incident occurred in the city of Elisabethville (now
Lubumbashi) in Katanga province, where Lumumba had enjoyed significant support. In
the weeks following Lumumba's assassination, mobs targeted individuals perceived as
his supporters, including members of his political party, the Mouvement National
Congolais (MNC). Scores of people were subjected to mob violence, with many being
lynched in the streets or dragged from their homes and summarily executed.23
These mob lynchings, fueled by political tensions, ethnic rivalries, and external
interference, exacerbated the cycle of violence and instability in the DRC during this
tumultuous period. The attacks on Lumumba's perceived supporters highlighted the
dangers of political polarization and scapegoating in times of political upheaval, as well
as the human cost of manipulation and manipulation by external actors.

5.3 Incidents Due to Economical Conditions

Argentine Looting Riots24

One example of mob violence rooted in economic conditions occurred during the
Argentine economic crisis of 2001. The collapse of the Argentine economy in late 2001
resulted in widespread unemployment, poverty, and social unrest, leading to mass
protests and demonstrations across the country. Amidst the economic chaos, incidents of
looting, violence, and vigilantism also occurred, fueled by desperation and anger over the
worsening economic conditions.
One of the most infamous incidents took place in the city of Córdoba, Argentina, where a
mob lynched two men accused of looting during the height of the economic crisis. The
two men, identified as Hugo Omar Ferreyra and Luis Gastón Ramírez, were attacked by
a group of enraged residents who accused them of stealing food and other necessities
from a supermarket.
The mob descended upon Ferreyra and Ramírez, beating them severely before setting
them on fire. The brutal lynching was captured on video and broadcasted widely,
shocking the nation and drawing condemnation from human rights organizations and
international observers.25
The lynching in Córdoba highlighted the extreme social tensions and violence that
erupted during the Argentine economic crisis, as well as the breakdown of law and order
in some areas. The incident underscored the desperation and frustration felt by many
Argentinians as they struggled to survive amidst rampant poverty and unemployment.

23
Rosser, Luther Z. “The Illegal Enforcement of Criminal Law.” The Virginia Law Register, vol. 7, no. 8, 1921, pp.
569–86. JSTOR, https://doi.org/10.2307/1107032. Accessed 12 Apr. 2024.
24
N. Dutta. “Rise in Street Violence: Slide into Mob Rule?” Economic and Political Weekly, vol. 35, no. 8/9,
2000, pp. 604–05. JSTOR, http://www.jstor.org/stable/4408953. Accessed 12 Apr. 2024.
25
Karton, Robert M. “Mob Violence and the Prosecuting Attorney.” The Journal of Criminal Law, Criminology,
and Police Science, vol. 59, no. 2, 1968, pp. 167–70. JSTOR, https://doi.org/10.2307/1141936. Accessed 12 Apr.
2024.

28
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

While the Argentine government eventually implemented measures to stabilize the

economy and restore social order, the scars of the economic crisis and the violence it
unleashed continue to haunt the country to this day. The lynching in Córdoba serves as a
tragic reminder of the human toll of economic collapse and the importance of addressing
underlying economic inequalities to prevent such atrocities from occurring in the future.

Maracay Food Riots26

Another example of mob violence rooted in economic factors occurred in Venezuela

during the period of economic crisis and hyperinflation that began in the late 2010s. As
Venezuela's economy spiraled into freefall, characterized by soaring inflation,
widespread shortages of food and basic necessities, and a collapse of public services,
social tensions and unrest escalated.
In this context of economic hardship, instances of mob violence erupted, often driven by
desperation, frustration, and anger over the government's inability to address the
country's economic woes. One notable example occurred in 2016 in the city of Maracay,
where looting and mob violence broke out in response to chronic shortages of food and
other essential goods.
Amidst long queues and empty supermarket shelves, groups of people took to the streets
to protest and demand access to basic necessities. As the situation escalated, some
protests devolved into looting and violence, with mobs ransacking stores, supermarkets,
and warehouses in search of food, medicine, and other essential items.
The government's inability to alleviate the economic crisis and address the root causes of
shortages exacerbated social tensions and fueled outbreaks of mob violence across the
country. While Venezuela's economic crisis had complex causes, including government
mismanagement, corruption, and external factors such as declining oil prices, the impact
on ordinary citizens was devastating, leading to widespread suffering and desperation.
The example of mob violence in Venezuela underscores how economic instability and
deprivation can fuel social unrest and violent outbursts, particularly in contexts where
basic needs are not met and government institutions fail to provide adequate support and
solutions. It highlights the urgent need for effective economic policies, social safety nets,
and governance reforms to address the root causes of economic crises and prevent the
recurrence of mob violence in the future.

5.4 Incidents Due to Misinformation and Media

Assam Violence 201827

An example of mob violence fueled by misinformation occurred in India in 2018 in the

state of Assam. The incident was triggered by rumors and false information spread on
social media regarding child abduction gangs operating in the area.

26
KUKLICK, BRUCE. “Killing Lumumba.” Proceedings of the American Philosophical Society, vol. 158, no. 2,
2014, pp. 144–52. JSTOR, http://www.jstor.org/stable/24640202. Accessed 12 Apr. 2024.
27
SAIKIA, ARUPJYOTI. “The Historical Geography of the Assam Violence.” Economic and Political Weekly, vol.
47, no. 41, 2012, pp. 15–18. JSTOR, http://www.jstor.org/stable/41720234. Accessed 12 Apr. 2024.

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

In May 2018, a series of viral messages and videos circulated on messaging platforms
like WhatsApp, Facebook, and Twitter, warning residents of Assam about alleged child
kidnappers on the prowl. The messages claimed that members of these fictitious gangs
were abducting children for organ harvesting or trafficking purposes.
The spread of these rumors caused widespread panic and fear among the local
population, leading to a series of mob attacks on innocent people suspected of being
child kidnappers. In several instances, individuals who were merely passing through or
visiting villages were targeted by angry mobs, beaten, and in some cases, lynched to
death.28
Despite efforts by local authorities and law enforcement agencies to dispel the rumors
and calm tensions, the violence continued to escalate, resulting in multiple deaths and
injuries. The situation prompted the government to issue public appeals urging citizens
not to believe or spread false information and to report any suspicious activity to the
authorities.
The Assam incident illustrates how misinformation, particularly when spread rapidly and
widely on social media platforms, can have dangerous real-world consequences. In this
case, the dissemination of false information about child abduction gangs led to the loss of
innocent lives and fueled mob violence based on unfounded fears and suspicions. The
incident underscores the importance of media literacy, critical thinking, and responsible
use of social media in preventing the spread of misinformation and averting the potential
for violence and harm in society.

Rohingya Genocide29

Another example of mob violence fueled by misinformation occurred in Myanmar in

2017. The incident was related to false rumors and fabricated information spread on
social media platforms, particularly Facebook, regarding alleged crimes committed by
the Rohingya Muslim minority community.
In August 2017, violence erupted in Myanmar's Rakhine State after an armed group
claiming to represent the Rohingya community attacked several police posts. In
response, the Myanmar military launched a brutal crackdown on Rohingya villages,
leading to widespread reports of human rights abuses, including killings, rapes, and the
burning of Rohingya homes.
As the crisis unfolded, false information and hate speech targeting the Rohingya spread
rapidly on social media, particularly on Facebook, which is the primary source of
information for many people in Myanmar. Posts and messages falsely accused Rohingya
Muslims of various crimes, including terrorism, arson, and rape, and depicted them as a
threat to the Buddhist-majority nation.30

28
Ranjan, Sudhanshu. “MEDIA AND JUDICIARY: REVITALIZATION OF DEMOCRACY.” Journal of the Indian Law
Institute, vol. 57, no. 3, 2015, pp. 415–36. JSTOR, http://www.jstor.org/stable/44782789. Accessed 12 Apr.
2024.
29
Bashar, Iftekharul. “Rohingya Crisis and Western Myanmar’s Evolving Threat Landscape.” Counter Terrorist
Trends and Analyses, vol. 11, no. 6, 2019, pp. 14–18. JSTOR, https://www.jstor.org/stable/26662256. Accessed
12 Apr. 2024.
30
Mahapatra, Sangeeta, and Johannes Plagemann. Polarisation and Politicisation: The Social Media Strategies
of Indian Political Parties. German Institute of Global and Area Studies (GIGA), 2019. JSTOR,
http://www.jstor.org/stable/resrep24806. Accessed 12 Apr. 2024.

30
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

The spread of misinformation and hate speech on social media fueled existing prejudices
and animosities towards the Rohingya community, leading to heightened tensions and
violence against Rohingya civilians. Mobs, incited by false rumors and manipulated
information, launched attacks on Rohingya villages, resulting in further loss of life,
displacement, and suffering.31
The Myanmar military's crackdown, combined with the spread of misinformation and
hate speech on social media, resulted in one of the worst humanitarian crises of the 21st
century, with hundreds of thousands of Rohingya fleeing to neighboring Bangladesh to
escape violence and persecution.
This example highlights how misinformation and hate speech on social media can
exacerbate existing tensions and fuel violence against marginalized communities. It
underscores the importance of addressing the spread of false information and promoting
responsible use of social media to prevent the escalation of conflict and protect
vulnerable populations.

31
GUPTA, ISHAN. “Mob Violence And Vigilantism In India.” World Affairs: The Journal of International Issues,
vol. 23, no. 4, 2019, pp. 152–72. JSTOR, https://www.jstor.org/stable/48566204. Accessed 12 Apr. 2024.

31
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

6. CAUSATION FACTORS OF MOB VIOLENCE

6.1 Mob Violence based on Historical Grievances

Mob violence often finds its roots in deep-seated historical grievances and conflicts.
These historical tensions can be multifaceted, ranging from territorial disputes to colonial
legacies to perceived injustices perpetrated by one religious group against another.
Understanding the historical context is crucial for comprehending the complex dynamics
that fuel mob violence.

• Territorial Disputes and Historical Borders: Many regions around the world
have experienced conflicts over territorial boundaries that intersect with religious
identity. These disputes often trace back centuries, stemming from the
partitioning of land along religious lines during colonial rule or historical
conquests by empires. In such contexts, religious identity becomes intertwined
with claims to land and resources, exacerbating tensions and providing a fertile
ground for mob violence.

• Colonial Legacies and Divide-and-Rule Policies: Colonial powers, in their

pursuit of control and domination, frequently exploited religious differences
among indigenous populations. Divide-and-rule policies were employed to pit
religious communities against each other, fostering distrust and animosity that
persist long after colonial rule has ended. The scars of colonial oppression, along
with the socio-economic disparities it left behind, continue to shape interreligious
dynamics and contribute to the recurrence of mob violence.32

• Perceived Injustices and Historical Traumas: Historical injustices, such as

religious persecution, forced conversions, or discriminatory policies, can leave
lasting scars on communities and contribute to a sense of victimization and
resentment.33 These traumas are often passed down through generations,
perpetuating cycles of violence and revenge. In societies where past grievances
have not been adequately addressed or reconciled, the specter of historical
injustices looms large and can be exploited by extremist elements to mobilize
support for violent actions.

32
Wouters, Jelle J. P. “How to Interpret a Lynching?: Immigrant Flows, Ethnic Anxiety, and Sovereignty in
Nagaland, Northeast India.” Flows and Frictions in Trans-Himalayan Spaces: Histories of Networking and
Border Crossing, edited by Gunnel Cederlöf and Willem van Schendel, Amsterdam University Press, 2022, pp.
167–202. JSTOR, https://doi.org/10.2307/j.ctv2jsh08c.10. Accessed 12 Apr. 2024.
33
Hassner, Ron E. “Blasphemy and Violence.” International Studies Quarterly, vol. 55, no. 1, 2011, pp. 23–45.
JSTOR, http://www.jstor.org/stable/23019512. Accessed 12 Apr. 2024.

32
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

• Symbolic Sites and Sacred Spaces: Religious sites and sacred spaces hold
profound symbolic significance for believers and can become flashpoints for
conflict when their ownership or control is contested. Disputes over holy sites,
such as Jerusalem's Temple Mount, Ayodhya's Babri Masjid, or Sri Lanka's
Kandy's Temple of the Tooth, have triggered violence and inflamed religious
tensions, often drawing in mobs fueled by religious fervor and nationalist
sentiment.

• Narratives of Victimization and Martyrdom: Historical narratives of

victimization and martyrdom play a significant role in shaping collective identity
and mobilizing communities in times of conflict. These narratives, whether based
on real events or mythologized accounts, reinforce a sense of "us versus them"
and can be manipulated by political and religious leaders to justify acts of
violence against perceived enemies.34 Mobs may invoke these narratives as a
rallying cry, seeking revenge for past injustices or seeking glory in martyrdom.

6.2 Based On Political Actors

1. Scapegoating and Otherization: In times of economic hardship, social unrest, or

political instability, political leaders may scapegoat marginalized groups,
portraying them as threats to national security, cultural purity, or economic
prosperity. By vilifying minorities or political opponents based on their religious,
ethnic, or ideological affiliations, these leaders seek to mobilize popular support
and deflect blame for systemic issues onto convenient scapegoats. This rhetoric
dehumanizes targeted groups, making them vulnerable to violence and
discrimination.35

2. Propaganda and Disinformation: Political actors often use propaganda and

disinformation campaigns to manipulate public opinion and incite violence. This
can involve spreading false rumors, doctored images, or inflammatory rhetoric
through traditional media channels, social media platforms, or grassroots
networks. By sowing confusion and distrust, these actors create an environment
ripe for mob violence, where rumors and hearsay fuel collective hysteria and
vigilantism.36

3. Weaponizing Identity Politics: Identity politics, which involves organizing

political support based on shared identities such as race, religion, gender, or
sexual orientation, can be weaponized by political actors to polarize society and
mobilize their base. By framing political issues in terms of identity-based
grievances or threats, these actors exploit existing cleavages and deepen divisions

34
Siyech, Mohammed Sinan, and Akanksha Narain. “Beef-Related Violence in India: An Expression of
Islamophobia.” Islamophobia Studies Journal, vol. 4, no. 2, 2018, pp. 181–94. JSTOR,
https://doi.org/10.13169/islastudj.4.2.0181. Accessed 12 Apr. 2024.
35
NISSAN, EPHRAIM. “A Sketch of the Pragmatics of the Devouring Mob.” La Ricerca Folklorica, no. 66, 2012,
pp. 97–132. JSTOR, http://www.jstor.org/stable/24389830. Accessed 12 Apr. 2024.
36
Philipose, Liz. “The Politics of Pain and the Uses of Torture.” Signs, vol. 32, no. 4, 2007, pp. 1047–71. JSTOR,
https://doi.org/10.1086/513022. Accessed 12 Apr. 2024.

33
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

within society, making reconciliation and compromise more difficult. This tactic
can lead to the demonization of perceived "others" and justify acts of violence in
the name of defending one's identity or community.37

4. Authoritarianism and Repression: In authoritarian regimes, political leaders

may use mob violence as a tool of repression to silence dissent, intimidate
opposition groups, or maintain control. State-sponsored militias or paramilitary
groups may be mobilized to carry out attacks on behalf of the ruling regime,
targeting individuals or communities perceived as threats to the status quo. By
instilling fear and insecurity, these actors seek to quash dissent and consolidate
their grip on power, often with little regard for human rights or the rule of law.

In summary, manipulation by political actors is a pervasive and insidious driver of mob

violence, exploiting existing social divisions and grievances for political gain. By
recognizing these tactics and addressing the root causes of social unrest, societies can
mitigate the risk of mob violence and work towards building more inclusive and resilient
communities.

6.3 Due to Media & Social Media

Social media has emerged as a powerful tool that can both exacerbate and facilitate mob
violence, including violence based on religious, ethnic, or ideological differences. Here's
an elaboration on the role of social media in fueling mob violence:

1. Rapid Spread of Misinformation and Rumors: Social media platforms enable

the rapid spread of misinformation and rumors, which can inflame tensions and
incite violence. False narratives about religious or ethnic minorities,
inflammatory images, and fabricated stories can quickly go viral, reaching a wide
audience and fueling collective outrage. Even when debunked, such
misinformation can linger and continue to influence perceptions, leading to
lasting social divisions and mistrust.

2. Echo Chambers and Polarization: Social media algorithms often prioritize

content that aligns with users' existing beliefs and preferences, creating echo
chambers where individuals are exposed to a limited range of viewpoints. This
can reinforce existing biases, deepen polarization, and foster hostility towards
those perceived as outsiders or enemies. In the context of religious or ethnic
tensions, social media echo chambers can amplify extremist rhetoric and validate
violent ideologies, making individuals more susceptible to radicalization and mob
mentality.

3. Anonymous Mobilization and Coordination: Social media provides a platform

for anonymous mobilization and coordination, allowing individuals to organize

37
Reynolds, Nathelene. “Hindu Nationalism and the Muslim Minority in India.” Corridors of Knowledge for
Peace and Development, edited by Sarah S. Aneel et al., Sustainable Development Policy Institute, 2020, pp.
279–303. JSTOR, http://www.jstor.org/stable/resrep24374.25. Accessed 12 Apr. 2024.

34
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

protests, rallies, or attacks without fear of identification or reprisal. Closed

messaging groups, anonymous forums, and encrypted communication channels
facilitate clandestine planning and coordination among like-minded individuals,
making it difficult for law enforcement agencies to track and prevent acts of mob
violence. This anonymity also emboldens perpetrators, who may feel shielded
from accountability for their actions.

4. Dehumanization and Online Hate Speech: Social media platforms have

become breeding grounds for hate speech and online vitriol, where individuals
are dehumanized and targeted based on their religious, ethnic, or ideological
affiliations. Extremist groups and individuals exploit these platforms to spread
hateful ideologies, demonize perceived enemies, and incite violence against
vulnerable communities. The anonymity and lack of consequences afforded by
social media can embolden individuals to express views they might otherwise
hesitate to voice publicly, contributing to a culture of intolerance and hostility.

5. Live Streaming and Spectacle: The live streaming capabilities of social media
platforms can turn acts of violence into spectacles, amplifying their impact and
encouraging further violence. Perpetrators may livestream attacks on religious or
minority communities, seeking to garner attention, inspire copycat acts, or
intimidate opponents. These live streams can reach a global audience in real time,
amplifying the fear and trauma experienced by victims and exacerbating
intergroup tensions.

6. Limited Moderation and Oversight: Despite efforts to combat hate speech and
misinformation, social media platforms often struggle to effectively moderate
content and enforce community guidelines. The sheer volume of user-generated
content, coupled with the speed at which it is shared, makes it challenging to
identify and remove harmful or dangerous material in a timely manner. This lack
of oversight allows extremist content to proliferate unchecked, contributing to the
normalization of violence and extremism online.

In conclusion, social media plays a significant role in fueling mob violence by

facilitating the rapid spread of misinformation, fostering echo chambers and polarization,
enabling anonymous mobilization and coordination, promoting dehumanization and hate
speech, broadcasting acts of violence as spectacles, and providing limited moderation
and oversight. Addressing these challenges requires a multifaceted approach that
involves cooperation between tech companies, governments, civil society organizations,
and users themselves to promote responsible digital citizenship, combat online
extremism, and mitigate the risk of mob violence.

6.4 The Role of Law in Mob Violence

The role of law and legal issues in addressing mob violence is crucial for maintaining
social order, upholding justice, and preventing further escalation of violence. Here's an
elaboration on the role of law and legal issues in relation to mob violence:

35
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

1. Preventive Measures: Effective laws and legal frameworks are essential for
preventing mob violence before it occurs. This includes laws that prohibit hate
speech, incitement to violence, and discrimination based on religion, ethnicity, or
other protected characteristics. By establishing clear legal standards and
consequences for those who engage in inflammatory rhetoric or incite violence,
governments can deter individuals and groups from engaging in behavior that
could lead to mob violence.

2. Law Enforcement Response: Law enforcement agencies play a critical role in

responding to incidents of mob violence and maintaining public order. However,
their response must be guided by principles of proportionality, non-
discrimination, and respect for human rights. Law enforcement officials must be
adequately trained to de-escalate tensions, protect vulnerable communities, and
hold perpetrators of violence accountable while respecting the rights of all
individuals involved.

3. Accountability and Prosecution: Holding perpetrators of mob violence

accountable through the legal system is essential for ensuring justice for victims
and deterring future acts of violence. This requires thorough investigations,
collection of evidence, and prosecution of those responsible for inciting or
participating in violence. Legal mechanisms such as criminal prosecution, civil
lawsuits, and truth and reconciliation commissions can be utilized to hold
individuals and groups accountable for their actions and provide restitution to
victims.

4. Protection of Minority Rights: Laws and legal mechanisms must be designed to

protect the rights of minority communities who are often the primary targets of
mob violence. This includes laws that prohibit discrimination, guarantee freedom
of religion and expression, and ensure equal protection under the law for all
individuals regardless of their religious or ethnic background. Additionally, legal
frameworks should provide mechanisms for minority communities to seek
redress and protection in cases of violence or discrimination.

5. International Legal Frameworks: International human rights law and

humanitarian law provide important frameworks for addressing mob violence and
protecting the rights of individuals and communities affected by such violence.
Treaties, conventions, and international agreements establish universal standards
for the protection of human rights, including the right to life, liberty, and security
of person, as well as the prohibition of torture, discrimination, and genocide.
International bodies such as the United Nations and regional human rights
mechanisms play a critical role in monitoring compliance with these legal
standards and providing assistance to countries in addressing mob violence.

6. Legal Reforms and Policy Interventions: In some cases, mob violence may be
fueled by structural factors such as socio-economic inequality, political

36
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

marginalization, or institutionalized discrimination. Addressing these underlying

causes often requires legal reforms and policy interventions aimed at promoting
social cohesion, inclusive governance, and economic development. This may
involve measures such as land reform, access to education and employment
opportunities, and promotion of interreligious dialogue and tolerance.

In summary, the role of law and legal issues in addressing mob violence encompasses
preventive measures, law enforcement response, accountability and prosecution,
protection of minority rights, international legal frameworks, and legal reforms and
policy interventions aimed at addressing underlying causes of violence. By upholding the
rule of law and protecting the rights of all individuals and communities, governments can
help prevent mob violence and promote peace, justice, and social cohesion.

6.5 Role of Marginalisation, Discrimination and Ethnicities

Prejudice against minorities and ethnicities is a pervasive driver of mob violence,

contributing to the targeting, scapegoating, and victimization of vulnerable communities.
Here's an elaboration on the role of prejudice in mob violence:

1. Otherization and Dehumanization: Prejudice against minorities and ethnicities

often involves the otherization and dehumanization of targeted groups, portraying
them as inferior, dangerous, or threatening. This process of "othering" serves to
justify acts of violence and discrimination by casting the victims as outsiders or
enemies who deserve mistreatment. Dehumanizing rhetoric and stereotypes
perpetuate negative perceptions of minority communities, making them
vulnerable to violence and exploitation by extremist groups and individuals.

2. Historical Grievances and Intergenerational Trauma: Mob violence based on

prejudice is often rooted in historical grievances and intergenerational trauma,
where past injustices and conflicts continue to shape present-day attitudes and
behaviors. Historical events such as colonialism, slavery, forced displacement,
and genocide have left lasting scars on minority communities, perpetuating cycles
of violence and revenge. Prejudice may be passed down through generations,
fueling resentment and animosity towards perceived oppressors or enemies.

3. Socio-Economic Inequality and Marginalization: Prejudice against minorities

and ethnicities is often intertwined with socio-economic inequality and
marginalization, where disadvantaged communities face systemic barriers to
education, employment, healthcare, and political participation. Economic
disparities and lack of opportunities contribute to feelings of frustration,
alienation, and resentment, which can be exploited by extremist groups and
individuals to recruit disaffected youth and mobilize support for acts of
violence.38

38
Shariff, M. Y. “Tyranny of the Majority.” Economic and Political Weekly, vol. 50, no. 48, 2015, pp. 4–5. JSTOR,
http://www.jstor.org/stable/44002881. Accessed 12 Apr. 2024.

37
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

4. Political Opportunism and Scapegoating: Politicians and political movements

frequently exploit prejudice against minorities and ethnicities for their own gain,
using inflammatory rhetoric, scapegoating, and fearmongering to mobilize
support and consolidate power. By blaming minority communities for societal
problems such as crime, unemployment, or cultural decline, these actors seek to
deflect attention from their own failures and rally public sentiment against
convenient targets. This political opportunism fuels resentment and hostility
towards minority groups, creating a fertile ground for mob violence.

5. Media Portrayal and Stereotyping: Media representations of minority

communities often perpetuate stereotypes and reinforce prejudices, shaping
public perceptions and attitudes towards these groups. Negative portrayals of
minorities in news coverage, entertainment media, and popular culture contribute
to the stigmatization and marginalization of these communities, fostering an
environment where violence and discrimination are normalized. Biased media
coverage may also sensationalize incidents involving minority individuals,
inflaming public outrage and exacerbating intergroup tensions.

6. Lack of Legal Protection and Accountability: Prejudice against minorities and

ethnicities is compounded by a lack of legal protection and accountability for
perpetrators of violence. Weak rule of law, ineffective law enforcement, and
impunity for hate crimes create a climate of fear and insecurity for minority
communities, who may face violence and discrimination with little recourse for
justice. In such environments, mob violence against minorities often goes
unchecked, perpetuating a cycle of impunity and further marginalization.

In conclusion, prejudice against minorities and ethnicities is a significant driver of mob

violence, fueled by otherization, historical grievances, socio-economic inequality,
political opportunism, media stereotyping, and lack of legal protection. Addressing
prejudice requires a comprehensive approach that involves promoting education,
awareness, and empathy, strengthening legal frameworks to protect minority rights, and
combating systemic discrimination and inequality. By challenging prejudice and
fostering inclusivity and respect for diversity, societies can work towards preventing
mob violence and building more peaceful and equitable communities.

6.6 The Role of Geopolitics and International Scene

The role of geopolitics and international implications in mob violence is multifaceted,

with global power dynamics, regional conflicts, and geopolitical rivalries often
exacerbating religious, ethnic, and ideological tensions. Here's an elaboration on the role
of geopolitics in mob violence:

1. Proxy Conflicts and Regional Instability: Geopolitical rivalries between major

powers or regional actors can fuel proxy conflicts and exacerbate existing
tensions, leading to outbreaks of mob violence. Competing interests over

38
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

strategic resources, territorial disputes, or ideological differences may result in

the manipulation of local grievances and the instrumentalization of identity-based
politics to advance geopolitical agendas. In such contexts, mob violence may be
used as a tool to destabilize rival regimes, undermine regional alliances, or assert
influence over contested territories.

2. Weaponization of Religion and Identity: Geopolitical actors often exploit

religious and ethnic identities to mobilize support and legitimize their
geopolitical ambitions. By framing conflicts in religious or civilizational terms,
these actors appeal to historical grievances, cultural pride, and religious solidarity
to garner popular support and justify acts of violence. This manipulation of
identity politics can exacerbate intergroup tensions and contribute to the outbreak
of mob violence, as communities become polarized along religious or ethnic
lines.

3. Humanitarian Crises and Refugee Flows: Geopolitical conflicts and

humanitarian crises, such as wars, civil unrest, and natural disasters, can result in
large-scale displacement and refugee flows, which may exacerbate social
tensions and increase the risk of mob violence. Displaced populations often face
discrimination, marginalization, and xenophobia in host countries, leading to
intergroup conflicts and competition for resources. In some cases, extremist
groups may exploit the vulnerabilities of displaced populations to recruit fighters
or incite violence against host communities.

4. International Intervention and Peacekeeping: International intervention and

peacekeeping efforts can have both positive and negative implications for mob
violence. While such interventions may aim to stabilize conflict-affected regions,
protect civilians, and promote peacebuilding, they can also inadvertently
exacerbate existing tensions or provoke backlash from local communities.
Peacekeeping forces may be perceived as biased or illegitimate by certain groups,
leading to protests, riots, or attacks against peacekeepers and humanitarian
workers. Moreover, the withdrawal or ineffectiveness of international
intervention can create power vacuums and exacerbate insecurity, further fueling
mob violence.

5. Transnational Extremism and Terrorism: Geopolitical conflicts and regional

instability provide fertile ground for the spread of transnational extremism and
terrorism, which can incite or perpetrate acts of mob violence. Extremist groups
may exploit local grievances, religious ideologies, or ethnic identities to recruit
supporters, radicalize vulnerable populations, and carry out attacks against
perceived enemies. The globalization of extremist networks and the ease of
communication facilitated by the internet and social media enable these groups to
mobilize followers across borders and incite violence on a global scale.

6. Diplomatic Disputes and International Sanctions: Diplomatic disputes

between countries or international sanctions imposed on certain regimes can

39
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

contribute to social and economic instability, leading to protests, riots, or acts of

mob violence. Economic sanctions, in particular, can exacerbate poverty,
unemployment, and inequality, creating grievances that may be exploited by
extremist groups or political opportunists to mobilize support and incite violence
against minority communities or perceived collaborators. Moreover, diplomatic
tensions between countries can spill over into domestic politics, leading to
polarization and intergroup conflicts.

In conclusion, the role of geopolitics and international implications in mob violence is

complex and multifaceted, with global power dynamics, regional conflicts, humanitarian
crises, transnational extremism, and diplomatic disputes all contributing to the escalation
of religious, ethnic, and ideological tensions. Addressing the root causes of mob violence
requires coordinated efforts at the local, national, and international levels to promote
dialogue, reconciliation, and inclusive governance, while addressing underlying
geopolitical grievances and power imbalances.

6.7 Impact of Economical Situation in Mob Violence

The role of the economic situation in mob violence is significant, as socio-economic

factors such as poverty, unemployment, inequality, and economic marginalization can
exacerbate social tensions and contribute to the outbreak of violence. Here's an
elaboration on the role of the economic situation in mob violence:

1. Poverty and Disenfranchisement: Economic deprivation and lack of

opportunities can breed feelings of frustration, hopelessness, and
disenfranchisement among marginalized communities, making them more
susceptible to radicalization and mobilization by extremist groups. In
economically disadvantaged areas, where access to education, healthcare, and
basic services is limited, residents may feel neglected or abandoned by the state,
leading to grievances that can be exploited by opportunistic leaders or extremist
ideologies.

2. Unemployment and Youth Discontent: High levels of unemployment,

particularly among young people, can contribute to social unrest and acts of mob
violence. Youth unemployment, in particular, can lead to feelings of alienation,
anger, and disillusionment, as young people struggle to find meaningful
employment opportunities and secure their future. In the absence of legitimate
avenues for economic advancement, some may turn to violence as a means of
expressing their frustration or seeking social change.

3. Inequality and Social Polarization: Economic inequality and disparities in

wealth distribution can exacerbate social tensions and contribute to the
polarization of society along economic lines. When a small elite controls a
disproportionate share of wealth and resources, marginalized communities may
feel marginalized and excluded from the benefits of economic growth, leading to
feelings of resentment and injustice. This sense of inequality can fuel intergroup

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

conflicts and acts of violence, as marginalized communities seek to challenge the

status quo and demand greater economic justice.

4. Resource Competition and Scarcity: Economic scarcity and competition over

scarce resources, such as land, water, or natural resources, can exacerbate
existing social tensions and trigger conflicts between different groups. In regions
where resources are limited or unevenly distributed, disputes over access and
control can escalate into violence, as communities vie for survival and economic
security. Moreover, environmental degradation and climate change can
exacerbate resource scarcity, further intensifying competition and conflict.

5. Corruption and State Failure: Widespread corruption, weak governance, and

state failure can undermine public trust in institutions and exacerbate social
tensions, leading to acts of mob violence and vigilantism. When governments fail
to provide basic services, enforce the rule of law, or address systemic corruption,
citizens may take matters into their own hands, resorting to violence as a means
of seeking justice or asserting their rights. In such environments, mob violence
may be perceived as a legitimate response to state failure and institutionalized
injustice.

6. Economic Crises and Social Unrest: Economic crises, such as recessions,

inflation, or currency devaluation, can trigger social unrest and acts of mob
violence, as people struggle to cope with deteriorating living standards and
economic uncertainty. During times of economic hardship, social safety nets may
be inadequate or non-existent, leaving vulnerable populations exposed to poverty,
hunger, and homelessness. In the absence of effective government intervention
and support, communities may resort to collective action, including protests,
riots, or looting, to demand relief and express their grievances.

In conclusion, the economic situation plays a significant role in shaping the dynamics of
mob violence, with poverty, unemployment, inequality, resource competition,
corruption, and economic crises all contributing to social tensions and instability.
Addressing the root causes of mob violence requires comprehensive efforts to promote
economic development, reduce inequality, strengthen governance, and ensure inclusive
growth that benefits all members of society.

6.8 Psycho Social Aspects of Mob Mentality

The psychological aspects of mob violence are complex and multifaceted, involving
individual and collective dynamics that shape behavior, attitudes, and decision-making
within a group context. Here's an elaboration on the psychological aspects of mob
violence:

1. Deindividuation: In a mob setting, individuals may experience a sense of

anonymity and loss of personal identity, known as deindividuation. This
psychological state can lead to a weakening of inhibitions and an increased

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

willingness to engage in behaviors that one might not otherwise consider

acceptable. Deindividuation can be fueled by factors such as large group size,
physical anonymity (e.g., wearing masks or uniforms), and emotional arousal,
which can reduce feelings of personal responsibility and accountability for one's
actions.

2. Diffusion of Responsibility: Within a mob, individuals may experience a

diffusion of responsibility, where each person feels less accountable for their
actions because responsibility is distributed among the group. This diffusion of
responsibility can lead to a phenomenon known as the bystander effect, where
individuals are less likely to intervene or take action to help others in need when
in a group context. Instead, they may passively observe or even participate in acts
of violence, assuming that someone else will take responsibility.

3. Group Polarization: Mob violence can be influenced by group polarization,

whereby individuals within a group adopt more extreme attitudes and behaviors
than they would on their own. As group members reinforce each other's beliefs
and emotions, they may become more committed to the group's goals and more
willing to engage in violent acts to achieve them. Group polarization can lead to a
spiraling effect, where the intensity of emotions and behaviors escalates rapidly
within the group.

4. Conformity and Social Influence: Social conformity and the desire to fit in with
the group can exert a powerful influence on individual behavior within a mob.
Individuals may conform to the norms and expectations of the group, even if
those norms involve engaging in violent or destructive behavior. This conformity
can be driven by a desire for acceptance, fear of rejection, or a belief that others
in the group know best. Social influence processes such as informational
influence (where individuals look to others for guidance in ambiguous situations)
and normative influence (where individuals conform to avoid social disapproval)
play a significant role in shaping mob behavior.

5. Emotional Contagion: Emotions can spread rapidly within a mob through a

process known as emotional contagion. When individuals observe others
expressing strong emotions such as anger, fear, or excitement, they may "catch"
those emotions themselves and experience a heightened state of arousal. This
emotional contagion can fuel mob violence by amplifying feelings of solidarity,
righteous indignation, or aggression within the group. Moreover, individuals may
experience a sense of euphoria or exhilaration when participating in collective
violence, further reinforcing their engagement in destructive behavior.

6. Cognitive Biases and Stereotyping: Cognitive biases and stereotyping can

influence perceptions of out-group members and justify acts of violence against
them. When individuals perceive members of another group as threatening or
inferior, they may engage in discriminatory behavior or violence to maintain their
own group's status and identity. Cognitive biases such as in-group favoritism

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(where individuals show preference for members of their own group) and out-
group derogation (where individuals perceive out-group members negatively) can
contribute to intergroup conflict and mob violence.

In summary, the psychological aspects of mob violence involve a complex interplay of

individual and collective processes, including deindividuation, diffusion of
responsibility, group polarization, conformity, social influence, emotional contagion, and
cognitive biases. Understanding these psychological dynamics is essential for devising
strategies to prevent and mitigate mob violence, promote empathy and compassion, and
foster peaceful coexistence within diverse communities.

6.9 Role of Literacy and Awareness in Mob Violence

1. Access to Information and Critical Thinking: Literacy is fundamental for

accessing and interpreting information critically. Individuals with higher literacy
levels are better equipped to evaluate the credibility of sources, discern fact from
propaganda, and resist manipulation by extremist narratives. By promoting
literacy skills, education enables individuals to make informed decisions,
challenge misinformation, and resist being swayed by incitement to violence
disseminated through various channels.
2. Vulnerability to Manipulation: Low literacy levels can leave individuals more
vulnerable to manipulation by extremist ideologies and hate speech. Illiterate or
semi-literate individuals may lack the skills to critically evaluate information,
making them more susceptible to being influenced by inflammatory rhetoric and
false narratives that exploit their fears, grievances, and prejudices. This
vulnerability can be exploited by extremist groups seeking to recruit followers
and incite violence.39
3. Empowerment and Agency: Literacy empowers individuals to advocate for
their rights, participate in civic life, and engage in peaceful forms of protest and
dissent. When individuals are literate, they can express their grievances
effectively, engage in dialogue with authorities, and seek nonviolent solutions to
conflicts. By promoting literacy, education empowers individuals with the agency
to address social injustices and advocate for positive change within their
communities, reducing the likelihood of resorting to violent means.
4. Understanding and Tolerance: Literacy fosters understanding and tolerance
towards others, including those from different religious, ethnic, or ideological
backgrounds. Individuals who are literate have access to a wider range of
perspectives and information, enabling them to challenge stereotypes, empathize
with others, and appreciate the diversity of human experiences. By promoting
literacy skills, education helps break down barriers of ignorance and prejudice,
fostering social cohesion and reducing the likelihood of intergroup tensions that
can lead to mob violence.
5. Engagement in Peacebuilding and Conflict Resolution: Literacy enables
individuals to engage effectively in peacebuilding efforts and contribute to

39
Jackson, Louise, et al. “Violence.” Policing Youth: Britain, 1945–70, Manchester University Press, 2014, pp.
86–116. JSTOR, http://www.jstor.org/stable/j.ctt18mbg1h.9. Accessed 12 Apr. 2024.

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conflict resolution initiatives within their communities. Through literacy-based

programs, individuals can learn about nonviolent communication, mediation
techniques, and strategies for resolving disputes peacefully. By equipping
individuals with these skills, education empowers communities to address
conflicts constructively, de-escalate tensions, and prevent the outbreak of mob
violence.

6.10 Common Factors That Lead to Mob Lynching in India

Mob violence in India can stem from a variety of complex social, economic, political,
and cultural factors. While each incident of mob violence is unique, there are several
common causes that contribute to its occurrence:

1. Religious and Communal Tensions: Religious and communal tensions are

significant drivers of mob violence in India. Incidents of mob violence often
erupt along religious lines, particularly between Hindu and Muslim communities,
and are fueled by deep-seated prejudices, communal rhetoric, and historical
grievances. Minor incidents or rumors related to religious practices, conversions,
or desecration of religious symbols can quickly escalate into violent clashes and
mob attacks.

2. Caste-Based Discrimination: India's caste system, which divides society into

hierarchical groups based on birth, continues to perpetuate discrimination and
social inequality. Mob violence often erupts in rural areas over caste-based
disputes, including land disputes, inter-caste marriages, and allegations of caste-
based discrimination or atrocities. Dalits (formerly known as "untouchables") and
other marginalized caste groups are particularly vulnerable to mob violence and
targeted attacks.

3. Political Polarization and Electoral Violence: Political polarization and

competition, especially during elections, can exacerbate tensions and lead to mob
violence. Political parties may incite mobs, mobilize supporters, and exploit
communal or caste-based identities to gain electoral advantage. Incidents of
electoral violence, including voter intimidation, booth capturing, and attacks on
political opponents, often involve mobs instigated by political leaders or their
supporters.

4. Vigilantism and Moral Policing: Vigilantism and moral policing by self-

appointed groups or individuals seeking to enforce their interpretation of cultural
norms and values are prevalent in India. Mobs may target individuals perceived
to violate traditional or conservative norms regarding dress, behavior,
relationships, or consumption of alcohol or meat. Victims of moral policing often
face harassment, assault, or public humiliation at the hands of vigilante groups.

5. Social Media and Misinformation: The proliferation of social media platforms

has facilitated the rapid spread of misinformation, rumors, and hate speech,

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

contributing to the escalation of mob violence. False rumors or inflammatory

messages circulated on social media can trigger panic, incite communal tensions,
and mobilize mobs to take vigilante action against perceived threats or enemies.

6. Economic Disparities and Resource Conflicts: Economic disparities, poverty,

and resource conflicts are underlying causes of mob violence, particularly in rural
areas. Disputes over land, water, natural resources, and access to government
welfare schemes can escalate into violent confrontations and mob attacks. Mobs
may target individuals or communities perceived as encroaching on resources or
benefiting unfairly from government programs.

7. Weak Law Enforcement and Impunity: Weak law enforcement, delayed

justice, and impunity for perpetrators of mob violence contribute to its
recurrence. In many cases, law enforcement agencies are complicit or ineffective
in preventing mob attacks, apprehending perpetrators, and ensuring justice for
victims. Perceived leniency or lack of consequences for mob violence emboldens
perpetrators and perpetuates cycles of impunity.

Addressing the root causes of mob violence in India requires comprehensive efforts to
promote social cohesion, address structural inequalities, strengthen the rule of law, and
combat communalism, casteism, and vigilantism. It necessitates proactive measures to
promote dialogue, tolerance, and respect for human rights, as well as effective
enforcement of laws to hold perpetrators of mob violence accountable.

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7. OBSERVATIONS AND SUGGESTIONS

Let's delve into the observations regarding incidents of mob lynching in India,
highlighting examples across various aspects:

o Deep-seated caste divisions in India have contributed to numerous instances of mob

violence. For example, the lynching of Dalits in Una, Gujarat, in 2016, where Dalit men
were brutally assaulted by cow vigilantes, underscores the intersection of caste-based
discrimination and mob violence.
o Similarly, incidents targeting individuals from marginalized communities, such as the
lynching of Tabrez Ansari in Jharkhand in 2019, reflect social prejudices and
stereotypes that fuel mob mentality.
o Economic disparities often underlie mob violence incidents, as seen in disputes over
land or resources. In Dadri, Uttar Pradesh, the lynching of Mohammad Akhlaq in 2015
over allegations of cow slaughter highlighted tensions fueled by economic disparities
and competition for resources.
o Additionally, mob violence triggered by suspicions of theft or economic offenses, such
as the lynching of a man in Nagaland in 2015 for allegedly stealing a motorcycle,
reflects the nexus between economic grievances and communal tensions.
o Political polarization and communal politics play a significant role in exacerbating mob
violence. The lynching of Pehlu Khan in Alwar, Rajasthan, in 2017, stirred controversy
as political leaders made inflammatory statements, contributing to a climate of
impunity.
o The lynching of Mohammad Akhlaq in Dadri also saw political actors exploiting
communal sentiments for electoral gains, highlighting the role of divisive politics in
fueling mob violence.
o Religious extremism and intolerance have been implicated in several instances of mob
lynching. For example, the lynching of Junaid Khan in Haryana in 2017, allegedly over
suspicions of beef consumption, illustrates how religious identities can become
flashpoints for violence.
o Similarly, incidents targeting religious minorities, such as the lynching of two Sadhus
in Palghar, Maharashtra, in 2020, underscore the role of religious polarization in mob
violence.
o Cultural norms and practices often shape responses to perceived transgressions,
legitimizing acts of violence. The lynching of Akhlaq in Dadri, where rumors of beef
consumption led to a violent attack, reflects how cultural beliefs about dietary practices
can escalate into mob violence.
o Moreover, notions of honor and community solidarity have been cited in cases such as
the lynching of Mohammad Akhlaq and Tabrez Ansari, where mobs justified their
actions based on perceived threats to cultural norms.

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

Legal Factors:

• Weaknesses in law enforcement and gaps in the legal framework

contribute to the prevalence of mob violence. The failure to promptly
investigate and prosecute perpetrators of lynching emboldens vigilante
groups and fosters a culture of impunity.
• Inadequate implementation of existing laws and lenient punishment for
perpetrators of mob violence undermine deterrence and accountability.
The absence of specific legislation addressing lynching exacerbates
challenges in combating this phenomenon effectively.

Examples:

• The lynching of Mohammad Akhlaq in Dadri highlighted shortcomings in law

enforcement, as delays in the investigation and arrests of the accused raised
concerns about the administration's commitment to justice.
• Similarly, the lynching of Pehlu Khan in Alwar exposed gaps in the legal
framework, as the failure to prosecute all perpetrators and the acquittal of some
accused underscored the challenges in holding perpetrators accountable under
existing laws.

Addressing factors related to law requires comprehensive legal reforms,

including the enactment of specific legislation to address mob violence,
strengthening law enforcement mechanisms, and ensuring swift and
impartial justice for victims. Examples of effective legal interventions,
such as the implementation of fast-track courts and stringent punishment
for perpetrators, can serve as models for combating mob lynching and
promoting the rule of law.

These examples illustrate the multifaceted nature of mob lynching in India, highlighting
the complex interplay of social, economic, political, religious, and cultural factors that
contribute to such incidents. Addressing this issue requires holistic approaches that
challenge prejudices, promote inclusivity, and strengthen the rule of law.

Suggestions and Improvements

To improve India's laws on mob lynching, drawing from examples of legislation from
other countries and considering causational factors, several suggestions can be proposed:

1. Enact Specific Legislation: India could consider enacting specific legislation

dedicated to addressing mob lynching comprehensively. This legislation should
define mob lynching, prescribe strict penalties for perpetrators, and establish
mechanisms for prevention, investigation, and prosecution.

2. Fast-Track Courts: Establishing dedicated fast-track courts to expedite trials

related to mob lynching cases can ensure swift justice for victims and serve as a

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deterrent for potential perpetrators. Countries like South Africa have

implemented similar measures to address mob violence effectively.40

3. Hate Crime Laws: Introducing hate crime laws that recognize mob lynching as a
hate crime based on factors such as religion, caste, ethnicity, or sexual orientation
can provide enhanced legal protections for vulnerable communities. Models from
countries like the United States, where hate crime legislation is in place, can
serve as a reference.

4. Community Policing and Awareness Programs: Investing in community

policing initiatives and awareness programs to foster trust between law
enforcement agencies and communities can help prevent instances of mob
violence. Examples from countries like the United Kingdom, where community
policing has been effective in reducing crime rates, can offer insights into best
practices.

5. Data Collection and Reporting Mechanisms: Implementing robust data

collection and reporting mechanisms to track incidents of mob lynching and
monitor trends over time can facilitate evidence-based policymaking and targeted
interventions. Models from countries like Brazil, which has a National
Observatory of Violent Deaths, can inform the establishment of similar systems
in India.

6. Civil Society Engagement: Encouraging active engagement from civil society

organizations, human rights groups, and grassroots movements in advocacy
efforts and victim support can strengthen the response to mob lynching.
Collaborative approaches, as seen in countries like Mexico with its National
Network of Civilian Observers, can amplify the voices of affected communities
and hold authorities accountable.

7. Education and Sensitization Campaigns: Promoting education and

sensitization campaigns aimed at challenging prejudices, fostering empathy, and
promoting respect for diversity can contribute to long-term prevention efforts.
Models from countries like Germany, where anti-racism education is integrated
into school curricula, can offer insights into effective strategies.

By incorporating these suggestions, India can work towards enhancing its legal
framework to address mob lynching effectively while considering causational factors and
drawing from international best practices. It requires a multi-dimensional approach
involving legal reforms, community engagement, and targeted interventions to tackle this
complex issue and uphold the rule of law and human rights.

40
Wm. Reynolds. “The Remedy for Lynch Law.” The Yale Law Journal, vol. 7, no. 1, 1897, pp. 20–25. JSTOR,
https://doi.org/10.2307/782720. Accessed 12 Apr. 2024.

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 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

8. CONCLUDING REMARKS

Mob violence, a disturbing phenomenon prevalent in societies worldwide, represents a

grave challenge to the rule of law, social cohesion, and human rights. In India, incidents
of mob lynching have garnered significant attention in recent years, reflecting deep-
rooted social, economic, political, religious, and cultural tensions. These incidents, often
characterized by brutal attacks perpetrated by groups of individuals against specific
targets, underscore the urgent need for comprehensive responses to address the
underlying causes and consequences of such violence.
At the heart of mob violence in India lie multifaceted social factors, including caste
divisions, identity-based tensions, and social prejudices. The brutal lynching of Dalits in
Una, Gujarat, and the targeting of individuals from marginalized communities such as
Tabrez Ansari in Jharkhand exemplify how entrenched social hierarchies and
discrimination fuel mob mentality, leading to senseless acts of violence.
Economic disparities further exacerbate tensions within communities and contribute to
the prevalence of mob violence. Disputes over land, resources, or economic
opportunities often serve as triggers for violent confrontations, as seen in cases like the
lynching of Mohammad Akhlaq in Dadri, Uttar Pradesh. These incidents underscore the
nexus between economic grievances and communal tensions, highlighting the complex
interplay of socio-economic factors in driving mob violence.
Political polarization and communal politics also play a significant role in perpetuating
mob violence in India. The manipulation of communal sentiments by political actors and
the failure to condemn and address incidents of lynching effectively contribute to a
climate of impunity, emboldening perpetrators. The lynching of Pehlu Khan in Alwar,
Rajasthan, and the inflammatory statements made by political leaders in its aftermath
underscore the role of divisive politics in fueling mob violence.
Religious extremism and intolerance further exacerbate tensions, often leading to violent
attacks against individuals based on their religious identity or beliefs. Instances of mob
lynching triggered by suspicions of beef consumption or religious conversion, such as
the lynching of Junaid Khan in Haryana, illustrate how religious identities can become
flashpoints for violence, perpetuating a vicious cycle of communal strife.
Cultural norms and practices also shape responses to perceived transgressions,
legitimizing acts of violence in some instances. The lynching of Akhlaq in Dadri, where
rumors of beef consumption led to a violent attack, reflects how cultural beliefs about
dietary practices can escalate into mob violence. Similarly, notions of honor and
community solidarity have been cited in cases where mobs justified their actions based
on perceived threats to cultural norms.
Addressing mob violence in India requires a multifaceted approach that tackles its root
causes while ensuring accountability and justice for victims. Comprehensive legal
reforms, including the enactment of specific legislation to address mob lynching and hate
crimes, are essential to strengthen the legal framework and deter perpetrators. Fast-track

49
 Mob Violence and Vigilantism: In Laws, Causations and Real Life Incidents

courts dedicated to expediting trials related to mob violence can ensure swift justice for
victims and serve as a deterrent for potential perpetrators.
Community policing initiatives, awareness campaigns, and education programs aimed at
challenging prejudices and promoting social cohesion are crucial for preventing mob
violence. Civil society engagement, collaboration with grassroots movements, and the
active involvement of human rights organizations are essential in amplifying the voices
of affected communities and holding authorities accountable.
By adopting a holistic approach that addresses the social, economic, political, religious,
cultural, and legal dimensions of mob violence, India can work towards building a more
inclusive, tolerant, and just society. It requires concerted efforts from all stakeholders,
including government institutions, civil society, and communities, to combat this
complex and deeply entrenched issue effectively. Only through collective action and a
commitment to upholding human rights and the rule of law can India overcome the
scourge of mob violence and foster a culture of peace, justice, and respect for all.

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