This article is written by Saswata Tewari and further updated by Pujari Dharani. This article provides a detailed case analysis of Tehseen S. Poonawalla vs. Union of India (2018), including the Supreme Court’s observations on cow vigilantism, intolerance, and lynching activities, as well as the court’s guidelines to the government regarding incidents of mob violence. Additionally, this article explains new provisions on mob lynching inserted in the Bharatiya Nyaya Sanhitha, 2023.
According to Reuters, a minimum of 44 people died due to cow vigilante attacks in India between May 2015 and December 2018. Mob lynching cases are on the rise, where self-proclaimed cow vigilante groups, in the name of cow protection, lynch innocent individuals. In most of these lynching cases, the accusations that led to the lynching of the victims were baseless and fueled by hate propaganda and fake news.
In a civilised society, the law is supreme and guides people in their conduct, granting them certain rights and duties. The responsibility of protecting rights lies with the State, while the obligation not to violate duties imposed by the law rests upon the subjects. No individual or group should take the law into their own hands, enforcing it at will in the name of law enforcement. These incidents raise questions about the effectiveness of existing laws in the country and should not be tolerated in a civilised society maintaining the fundamental principles of the law.
Protests have been staged against lynching activities across the country, with individuals raising their voices to condemn mob violence and cow vigilante groups responsible for such atrocities. Awareness initiatives have been launched to educate people about these incidents and prevent the dissemination of fake stories and news via social media, which fuel such activities.
Tehseen Poonawalla, a social activist, filed a writ petition in the Supreme Court challenging the validity of animal protection laws in 6 states. The Supreme Court, in the case of Tehseen S. Poonawalla vs. Union of India & Ors. (2018), made significant observations regarding cow vigilantism, intolerance, and lynching activities. The court issued guidelines to the central and state governments to take immediate action against mob violence. It also introduced new provisions related to mob lynching in the Bharatiya Nyaya Sanhitha, 2023.
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