Jaipur: The Ashok Gehlot-led Congress government in Rajasthan tabled the Rajasthan Protection from Lynching Bill, 2019 and the Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill, 2019 in the state legislative assembly on Tuesday, with a focus on providing designated courts to ensure expeditious trial of cases related to lynching and ‘honour’ killing.
“In recent times, there have been many incidents resulting in the loss of livelihood, injuries and death of persons at the hands of mob lynching. Therefore, it is proposed to nip the evil in the bud and to prevent spreading of hatred or incitement to mob lynching in addition to other offences under the Indian Penal Code,” the chief minister cited.
The protection from lynching bill states that a state coordinator, not below the rank of inspector general of police, would be appointed by the director-general of police to prevent lynching and each district superintendent of police shall be the district coordinator for taking measures to prevent incidents of mob violence and lynching.
The bill has put forth a wide definition of lynching that includes “dietary practices” and “sexual orientation” as grounds for assault.
Lynching has been defined as “any act or series of acts of violence or aiding, abetting or attempting an act of violence whether spontaneous or planned, by a mob on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation, ethnicity.”
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Regarding the punishment for the offence of lynching, the bill states that where the “lynching” leads to “hurt”, the convict may be punished with imprisonment up to seven years and a fine, which may extend up to Rs 1 lakh. In cases where “lynching” leads to “grievous hurt”, the convict may be punished with imprisonment – which may extend up to ten years and a fine which may extend up to Rs 3 lakh.
If the “lynching” leads to the death of the victim, the convict shall be punished with rigorous imprisonment for life with a fine not less than Rs 1 lakh, which may extend up to Rs 5 lakh.
The bill also lists punishment for abetment and conspiracy of lynching similar to that of lynching. “Whoever takes part in conspiracy or conspires to lynch another person, or abets or aides or attempts an act of lynching shall be punished in the same manner as if he had himself committed lynching.”
The state government is given the power to appoint “designated judges” in consultation with the chief justice of high court to try offences punishable under the act.
The victims will be compensated as per the Rajasthan Victim Compensation Scheme and the fine claimed would be paid to the victim or their legal heir. If the offence has led to the displacement of the victims from their residence, then the state government shall arrange for accommodation of the victims and take all necessary steps to rehabilitate them.
While the IPC has provision to deal with offences of mob lynching under sections 323 (Voluntarily causing hurt), 324 (wilfully causing hurt by dangerous weapons), 326 (grievous hurt), 302 (murder), 307 (attempt to murder), 147 (rioting) and 149 (every member of unlawful assembly guilty of offence in prosecution of common object), with a separate law, the cases would be effectively tackled.
Similarly, to prevent “illegal intimidation by self appointing bodies” against “inter-caste, inter-community and inter-religious marriages” between two consenting adults in the name of “vindicating the honour of family, caste or community”, the Congress government has tabled the Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in the Name of Honour and Tradition Bill, 2019 that has a provision of death penalty for the convict.
“Whoever causes death of a couple or either of them on the basis that marriage of such couple has dishonoured, or brought disrepute to the caste, community or family shall be punished with death, or with imprisonment for life and with fine up to five lakh rupees,” the Bill reads.
This Bill also states that all offences under the act shall be triable by a court of session specified by the high court through notification in the official gazette.
Meanwhile, members of civil society have raised their displeasure over the introduction of the two bills without public consultation. In a press statement, they said, “Members and representatives of most of the social movements are extremely upset that the two bills, which have been a demand of our movements, were brought in without any public consultation.” They have demanded the bills be sent to the select committee before passing them.
