This article is written by Saswata Tewari and further updated by Pujari Dharani. This article provides a detailed case analysis of Tehseen S. Poonawala 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, pertaining to the incidents of mob violence. This article further 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 rising where the 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 had no truth, and they were incited by hate propaganda and fake news.
We understand that law is supreme in a civilized society, guiding people to conduct themselves while conferring certain rights and duties. The protection of these rights lies with the State, and subjects must not take the law into their own hands to deal with others according to their volition in the name of law enforcement. The quality of our existing legal system is questioned by such incidents, and a society that respects fundamental law principles should not tolerate such behavior.
Huge protests were organized against lynching and cow vigilante groups in India, condemning the acts of violence. Measures were taken to raise awareness and prevent the spread of rumors or fake news through social media platforms that could incite such violence.
Tehseen Poonawalla, a social activist, filed a writ petition in the Supreme Court to challenge the validity of animal protection laws in six states, which enabled cow vigilante groups to take the law into their own hands. The Supreme Court, in the case of Tehseen S. Poonawalla vs. Union of India & Ors. (2018), made significant observations on various aspects of the case, including the state’s obligation to control such criminal activities and the negative impact of vigilantism and lynching. The Court also issued directions to the central and state governments to take immediate measures.
- Name of the case – Tehseen S. Poonawalla vs. Union of India & Ors. (2018)
- Date of the judgement – July 17th 2018
- Parties of the case –
- Petitioner: Tehseen S. Poonawalla
- Respondent: Union of India & Ors.
- Equivalent citations – AIR 2018 SC 3354, (2018) 9 SCC 501, [2018] 9 SCR 291, 2018 4 AWC 4307 SC, 2018 INSC 617, 2018 (9) SCALE 4, 2019 (3) SCJ 117.
- Type of the case – Writ petition
- Court – The Hon’ble Supreme Court of India
- Provisions and Statutes involved – Sections 153A and 295A of the Indian Penal Code, 1860, and Sections 129 and 357A of the Code of Criminal Procedure, 1973
- Bench – The then Chief Justice of India Dipak Misra, Justice A.M. Khanwilkar and Justice Dr. D.Y. Chandrachud.
- Several incidents of mob lynching have occurred in India in the name of cow vigilantism, prompting Tehseen S. Poonawalla, a social activist, to file a writ petition under Article 32 of the Indian Constitution.
- Mob lynching incidents highlighted in the writ petition include the challenges posed by cow protection laws in six states, leading the petitioner to seek Supreme Court intervention in addressing these issues through the issuance of a writ of mandamus to the state entities.
Article 48 of the Indian Constitution
Article 48 of the Constitution of India emphasizes the development of the agriculture and animal husbandry sectors, protection and improvement of animal breeds, and bans the slaughter of cows and calves. This constitutional provision serves as a guideline for policymaking while urging the State to protect animal welfare.
Section 153A of the Indian Penal Code
Section 153A of the Indian Penal Code (IPC) strictly punishes acts promoting enmity or disharmony between different groups based on religion, race, or other factors. The revised Section 196 of the Bharatiya Nyay Sanhita, 2023 aims to address similar offenses effectively.
Section 295A of the Indian Penal Code
Section 295A of the IPC targets acts intended to outrage religious feelings. The stringent punishment for such offenses serves to maintain harmony and respect among different religious communities.
Section 129 of the Code of Criminal Procedure
Section 129 of the Code of Criminal Procedure empowers law enforcement authorities to disperse unlawful assemblies to enforce law and order effectively. The BNSS, effective from July 1, 2024, enhances these provisions for better governance.
