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A CRITICALLY ANALYSES OF MOB CRIME WITH SPECIAL REFERENCE TO INDIA BY: K. HARIPRASANTH

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K. HARIPRASANTH
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Published 2024/04/11
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A CRITICALLY ANALYSES OF MOB CRIME WITH SPECIAL REFERENCE TO INDIA

 
AUTHORED BY: K. HARIPRASANTH
LLM 2ND YEAR International law and justice Government Law College –Madurai
Dr. Ambedkar Law University Tamilnadu
 
 

Abstract:

In this article discussed about what is mob lynch and definition of mob lynch and historical background types of mob lynch and what are the causes mob lynch and what are the impacts and consequences created after the mob lynch, penal provisions related mob lynching in India, International laws connected with mob lynch, Indian case laws related mob lynch court directions, solutions related mob lynching and conclusion and suggestion.
 
INTRODUCTION:
There is nothing more foolish, nothing more given to outrage than a useless mob.
Herodotus
In INDIA the world’s largest democracy country, more than 140 crore people living approximately, our country has religious, communities, caste, race, cultural related issues are heated matter compared to other country’s lots of innocent peoples life’s and their properties are destroyed by mob, vandalism acts are not permissible in our country, our country was followed ahimsa in but in recent days the mob lynching incidents happened so we can discuss about the mob lynching under this article.
 
DEFINITION OF MOB LYNCHING:
Mob lynching is a form of violence in which a mob, under the pretext of administering justice without trial, executes a presumed offender, often after inflicting torture and corporal manipulation. The term lynch law refers to a self constituted court that imposes sentence on a person without due process of law.[1]
Lynch mob: a crowd of people how to kill or try to kill.[2]
 
It is an illegally authorized way of punishing somebody by an informal group. It is most often also referred as informal public executions by a mob who wish to punish an alleged transgressor, or to intimidate a group.
 
Such incidents are egregious manifestations of prejudice, intolerance, and contempt towards the rule of law.
 
1.1.Mob lynch history:
The word "lynch" would take on its definition of death by public hanging over time. As the United States expanded westward, historians Eric Foner and John A. Garrity note in The Reader's Companion to American History, lynching became a common occurrence in reaction to criminal behavior. Foner and Garrity note that in the pre-Civil War era, the most common victims of lynching were gamblers, horse thieves and opponents of slavery.
 
In the 1880s, after the end of Reconstruction, the primary victims were Southern blacks (though Native Americans, Jews, Asians, and European immigrants have also been lynched).
 
One of the most brutal cases of lynching occurred in 1899, when Sam Hose was killed by hundreds of people in Coweta County, Ga. Hose, a 21-year-old farmhand, was accused of killing his employer and raping his employer's wife. An angry mob of hundreds of people chained Hose to a tree and cut off his ears, fingers and genitals while many others watched.
 
A lynching is the public killing of an individual who has not received any due process. These executions were often carried out by lawless mobs, though police officers did participate, under the pretext of justice.
 
Lynching’s were violent public acts that white people used to terrorize and control Black people in the 19th and 20th centuries, particularly in the South. Lynching’s typically evoke images of Black men and women hanging from trees, but they involved other extreme brutality, such as torture, mutilation, decapitation, and desecration. Some victims were burned alive.
A typical lynching involved a criminal accusation, an arrest, and the assembly of a mob, followed by seizure, physical torment, and murder of the victim.
 
Lynching’s were often public spectacles attended by the white community in celebration of white supremacy. Photos of lynching’s were often sold as souvenir postcards.[3]
 
1.2.Difference between riot and mob:
Mobs are crowds in which members are quick to take action and engage in behavior and the peoples are engaged suddenly in violent act but riots are knowing do their intention to do the act and wilfully do the act. Mob lynching sudden act compared to riot, riots have larger numbers of people and often last longer than mobs.
 
1.3.Types of Mob Lynching:
1.     Communal Based
2.     Witch Craft
3.     Honor Killing
4.     Bovine- Related Mob lynching
5.     Suspicion of Child Lifting
6.     Theft Cases
 
What are the causes of Mob lynching? Mob Psychology:
People’s mindset fear of being punished when they act in groups as it’s harder to identify real culprits. Further, there is dispersion of responsibility and guilt unlike in individual action and they are forgotten their duty.
 
Political Patronage:
In the competitive electoral politics, the culture of political mobilization based on social faultiness for polarization of electorate into vote banks and use of violence for garnering support and intimidating opponents, has gained strength.
 
Few elected representatives also sometimes come out in open defence of the attackers.
 
Administrative Failure:
Given the state of the police and judiciary in the country, there is a wide- ranging perception that ‘culprits’ go unpunished, and that there is a chance that the accused in heinous crimes like rape, child lifting and cow-slaughter will go scot-free. Vigilantism is a consequence of this basic failure of the government in providing justice.
 
A recent report by Delhi-based NGO Common Cause and CSDS mentioned that, “35% of police personnel interviewed for the survey think it is natural for a mob to punish the “culprit” in cases of cow slaughter, and 43% think it is natural for a mob to punish someone accused of rape.”
 
Rumors’ on social media:
Misleading information, false information and fake propagandas spread through platforms like Facebook, WhatsApp. E.g. recent rumor’s regarding child lifters have incited many impulsive and unplanned acts of violence across the country and loss of innocent’s life.
 
Societal factors:
The people’s point of view ‘instant’ justice is immensely popular. Further, the sociopolitical framework of the country involves people with deep belief and mistrust, prejudices and biases based on caste, religion etc.
 
No database to analyze trends:
As per Ministry of Home Affairs there is no record keeping on public lynching. Thus, making it difficult to draw conclusions and possible solutions to the problem. Further, in the recently released NCRB report for the year 2017, the data collected under the sub-heads of mob lynching, killed ordered by Khap Panchayat and murder committed for religious reasons has been omitted.
 
Cattle Protection Laws:
In certain state laws, there is a shifting of burden of proof on victims and consequently a presumption of guilt, which leads to filing of cases against the victims only. It leads to criminalization some professions such as that of transporters, butchers, leather workers, and during the process itself ends up being the punishment in most cases in some cases they have been waiting so long in prison at the trial ends their life also spoiled.
 
Biases:
Mob lynching is a hate crime and it is rising due to the biases or prejudices among various race, caste, classes of people, cultural and religions.
 
Lack of speedy justice:
In efficient working of justice rendering authorities is the primary reason, lack of appointments in judiciary Law commission report recommending 50 judges per million, present judge population in the country works out approximately 21 judges for million, people take law into their own hands and have no fear of the consequences.
 
The inefficiency of police administration:
An inefficient investigation and lack of trust in the legal process is one of the reason promotes people to take matters in their own hands.
 
Impact of Mob Lynching In India:
Mob lynching are not affected the innocent lives only and their families also burden deeply and it will impact the society as a whole and it will create fear among themselves.
 
Khap panchyats:
Khap panchyats are origin in india in from olden days. They are formally distinct from the lawfully elected village panchyats and their rulings have no legal sanctity in the eyes of the court.khaps are most prevelant in the jat community of Haryana and western Up. Khap is all male organization and its leaders are unelected but based on their societal clout.
 
Khap panchayats functioning as a extra constitutional authorities, often delivering pronouncements amounting to human rights violations. They have been linked to honour killings; forced marriages; female feticide; and whimsical ways of delivering justice. The decision to excommunicate the families results in torture and humiliation.[4]
 
Disrupts unity in diversity
INDIA claims to be the country with the motto “unity in diversity”, here different religions, castes, and cultures can reside peacefully. In recent incidents shows lack of tolerance between peoples and it lacks unity in diversity. This shows a lack of conscience in the group of people who participated, even those who supported these mobs.
 
Fear environment:
The rise in mob lynching cases creates an fear circumstances between peoples ex: river disputes or political motivation blocks roads and language related issues and blockage of roads creating fear environment.
 
Loss of human life:
There is also a famous quote justice hurried, justice buried. life gifted by god the that no one can take others life immediately without following rule of law, recently the death punishment is also abolished some countries , United nations conventions abolished death penalty, without threat of life is one of the basic human rights.
 
Infringes rule of law:
The people think itself and give punishment for immediate justice for the affected person, it creates the laws in to their hands its violation of natural justice to the accused, communal violence and riots are the extreme of the moblynching. It creates mistrust of judiciary and immatured society the people can triggered emotionally and punished wrong person the government not given compensation to loss of innocent lifes family the family may be depends on that person its against rule of law.
 
Economic impact:
Mob lynching creates fear among the peoples it will leads to transfer the business into another type cow slaughters and cow transporters are feared by cowgundas it will affected their persons life and economy, not only affect the individuals family indias worlds 5th ranking cow meat export and 1.3million dollars[5].
 
The laws governing cattle slaughter in india vary from state to state. “The preservation, protection and improvementof stock and prevention of animal diseases, veterinary training and practice” is entry 15 of the state list of the seventh schedule of the constitution, meaning state legislatures have exclusive power to legislate the prevention of slaughter and preservation of cattle.
 
Impact of migration patterns:
Forced migration or displacement refers to the “ movement of person who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human made disasters”.[6] The United Nations Guiding principles on internal displacement, an Internally Displaced person (IDP), are “persons or group of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the armed conflict, situations of generalized violence, violations of human rights or natural or man-made disasters, who have not crossed an internationally recognized state border.[7] In India the innocents affected by the mob lynch they loss their property can move on another area to live peacefully to rest of the life but its not willful movement of the person or their family today onwards there is no proper data on internally displaced person on government of India.
 
Damages to property:
In mob lynching time innocent person’s property and public property are destroyed by mob or stealing the property that persons it will lead to derogate their lives and their family. In our nation property is not a fundamental right but it’s a constitutional right under article 300A.[8] There is no proper compensation to the person it will deprive their live. Public properties are not insured properly then it will burden to the government.
 
Mob lynching incidents in India :
Kerala mob lynch
February 2018, Madhu(30) was an tribal person attapady he had suufered mental illness and had preferred to saty aloof in the forest. Madhu captured from the forest and branded him a thief. He was tied, beaten and handover to the police. But he was died soon in police custody.
 
Another brutal lynching the bihar named rajesh manjhi (37) labourer was beaten to death by gang of men in may13 2023. He was accused by theft and their hands tied and beaten by mob.[9]
Maharashtra:
Mob lynching incidents are reported in maharastras nashik district, killing two and prompting the arrestof over 20 suspects. The incident took place on july24 2023 they were interecepted by a mob suspicion of smuggling beef.[10]
 
West Bengal Lynching Case (June 26, 2017, Durgapur): On Saturday, barely two days before Eid, three Muslim youth were lynched in Durgapur village, West Bengal, by a mob of cow vigilantes over suspicion of cow theft.
 
Guwahati Lynching Case : A mob allegedly lynched two men in Nagaon district of Assam, after they were suspected to be cattle thieves. This was the first case of gau rakshaks going to such extremes in the state.
 
Harpur Lynching Case: Qasim (45) and Shamiuddin (65) were thrashed by a mob on rumours of their involvement into cow slaughter. The incident hogged headlines when a video showing both lying in a pool of blood and men from the mob shouting at them for facing the punishment for attempting cow slaughter.
 
Junaid Lynching Case: Naresh Rakh, the accused arrested for the murder of 16- year old Junaid Khan, told the police in his statement that he attacked Junaid and others with a knife after they had hit him with a belt and he had started bleeding. He further said that he had thrown the murder weapon into a pond in his village at Jataula, Haryana. Rakh works as a guard at the National Museum.
 
Alwar Lynching Case: Man lynched to death on suspicion of being cow smuggler. In a shocking incident, another lynching has been reported from Ramgarh in Alwar district of Rajasthan. The lynching was done on suspicion of cow smuggling and comes a year after Pehlu Khan was lynched by gau rakshaks in the district. Pehlu Khan died later and the incident caused massive stir nationwide.
 
Dhule Lynching Case: Mob violence fanned by child-abduction rumors on social media snuffed out five lives in Dhule district, adding to the new wave of lynchings across the country. The police have detained 15 people for their alleged role in the crime. A bustling weekly market at Reinpada, a cluster of tribal hamlets with a population of 2,500, turned into a killing field after angry locals chased seven people mistaking them for child-lifters.[11]
 
Analysis of publicly available data shows that Muslims were the target of 51 percent of mob violence centering on cow vigilantism between 2010 and 2017. Of the 28 persons killed in 63 incidents of cow vigilantism in this period, 24 (or 86 percent) were Muslims. More than half (52 percent) of these attacks were triggered by rumours. These attacks include mob violence, attacks by vigilantes, murder, harassment and assault; and the victims primarily belong to minorities and the socially backward classes and castes.[12]
 
The news paper reports are showing the moblynch majorly impact the middleclass and minority peoples sc, sts peoples. This peoples are easily affected by the moblynch the also cant approach the court easily because of their situation, political parties rising questions but their truly supporting these peoples are questionable one.
 
What are the statutes to control the mob lynch in India:
In India there is no proper laws relating to mob lynch but Home minister replied in loksabha the new criminal laws, the government hasincluded a provision for the death penalty for those committing the crime moblynching.[13]
 
The bharatiya nyaya sanhita 2023- penal code section 103 punishment for murder:
1)      Whoever commits murder shall be punished with death or imprisonment for life, and shall also liable to fine.
2)      When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall be liable to fine.
 
Section 105 Punishment for culpable homicide not amounting to murder.
Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a team which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention causing death, or of causing bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years and with the fine, if the act is done with the knowledge that it is likely to cause death, but without intention to cause death, or to cause such bodily injury is likely to cause death.
 
The provisions include the moblynch related punishments, the act came into force on july1 2024 based on the ministry of home affairs official notification.
 
Indian penal code:
1)      Under Section 304 of the Indian Penal Code for culpable homicide not amounting to murder.
2)      Under Section 307 of the Indian Penal Code for the offence of attempt to murder.
3)      Under Section 323 of the Indian Penal Code for causing voluntary hurt.
4)      Under Section 325 of the Indian Penal Code for causing grievous hurt.
 
Due to the involvement of more than one person in the commission of the offence of lynching, the following provisions of the Indian Penal Code are also attracted.
 
1.      Section 34 of the Indian Penal Code
According to this section when a criminal act is done by several persons in regard to a common intention, each of such persons is liable for that act in the same manner as if it were done by him alone[2].
 
2.      Section 147 of the Indian Penal Code
This Section provides the punishment for the offence of ‘rioting' as specified in section 146 of the code.
 
3.      Section 149 of the Indian Penal Code-
This section identifies every member of an unlawful assembly to be guilty of an offence committed in the prosecution of a common object if the members of that assembly knew to be likely to be committed in prosecution of that object.[14]
 
4.      Moblyching victim compensation scheme:
Madya Pradesh government approved the Mob lynching victim compensation scheme 2023 has been laidout under supreme court guidelines for relief and rehabilitation of such victims and their dependents.
 
It describes ‘mob lynching ‘as “causing harm to any person or persons by mob of five or more person or persons by a mob of five persons on grounds of religion, caste, sex, place of birth, language, foodhabits, sexual orientation, political affiliation, ethnicity or other such ground or grounds or involves any act or series of acts of violence intended to cause injury. The family of victim killed by mob willget a compensation of Rs10lakh, Those injured will get Rs 4lakh to Rs 6lakh.[15]
 
The Delhi victims compensation scheme 2018 has been amended to cover people affected by moblynching incidents, in consonance ith a recent overhaul of decades old criminal law by the centre, Delhi government exercising the power under sec 357A of the Crpc.[16]
 
Karantaka government also amended victim compensation scheme 2011 and moblynch victims also covered under the scheme.[17]
 
The “Tripura Lynching/Mob Violence Victim Compensation Scheme” was launched by the Home Department, Government of Tripura on 14th August 2018 for providing fund for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of lynching/mob violence and who require rehabilitation. This scheme was formulated in pursuance of the order issued by the Hon'ble Supreme Court on 17.07.2018 in disposing of Writ Petition (Civil) No.754 of 2016[18].
 
Tripura state government also enacted moblynch victim compensation scheme[19]
 
5.      International Laws to deal with Moblynching:
There is no specific international treaty or conventions to moblynching, but several international laws and human rights provide protection against heinous crime.
 
UDHR article-3 Every one has the right to life, liberty and security of person. Moblynching violates the fundamental right and security of person so it’s a violation of international human rights law.
 
International covenant on civil and Political Rights
The international covenant on civil political rights is a legally binding treaty that sets out the civil and political rights that are protected under international law. Article 6 every human being has the inherent right to life. And that this right shall be protected by law.
 
Article 7of the ICCPR prohibits torture and cruel, inhuman, or degrading treatment or punishment. Moblynching, which stimulates the vandalism to violence and intimidation to cause harm to an individual, violates both of these provision of the ICCPR.
 
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment:
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) is an international treaty that prohibits the use of torture and other forms of cruel, inhuman or degrading treatment or punishment. The CAT defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person.” Mob lynching, which involves the intentional infliction of pain and suffering, can be considered a form of torture and is therefore prohibited under the CAT. India is one of the country signed but the treaty still not ratified.
 
International Convention on the Elimination of All Forms of Racial Discrimination:
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is an international treaty that prohibits all forms of discrimination based on race, religious, culture, ethnicity, or national origin. Article 5 of the ICERD requires states to prohibit and eliminate racial discrimination and to ensure that all individuals are protected from racial violence or incitement to racial violence. Mob lynching, which often targets individuals based on their race or religion, is a clear violation of the ICERD.
 
Rome Statute of the International Criminal Court:
The Rome Statute of the International Criminal Court (ICC) is an international treaty that establishes the ICC, a permanent international criminal court that has jurisdiction over individuals who commit genocide, crimes against humanity, war crimes, and the crime of aggression. Mob lynching can constitute a crime against humanity, which is defined in the Rome Statute as a serious attack on a civilian population that involves widespread or systematic acts of violence. Individuals who are responsible for mob lynching can be held accountable under the ICC.
 
6.      Moblynching related caselaws in india:
Sakthi vahini v Uoi
The Supreme court of India has declared khap panchayats to be illegal because they often decree or encourage honor killings or other atrocities.
 
The supreme court given directions to police to control the khap panchayat to give punishments to people honor killing and other brutal crimes. The Hon’ble Supreme Court also observed and laid down that the state does not recognize any informal organization or institution to deliver justice and any order that is not accepted blindly.
 
Tehseen S Poonawala v Union OF India (2018) 9 SCC 501
The Supreme Court give a Judgment that private person who is not any public officer or authorized person by authority cannot take law into their hands.
 
Every person should bring up their duty and follow the command of law which maintain the balance in society.
 
Also the courts issue orders for appointment of officers nodal and also for the patrolling on highways.
 
State government should have responsible for the act or incidents held in their jurisdiction so they can manage by their own.
 
Preventive measures:
The state government appointed in each district a officer who is not below the supretendent of police and these nodal officers can be helped by one of the Dsp rank officers and for prevent the rising cases of moblynching and honor killing.The reports of such crimes were got the intelligence by special task force who involve in controversial kinds of speech in public or provocative speeches that can included in these kind of violence.
 
Remedial measures:
FIR should be lodged in many kind of case related to moblynching and initially give notice to the nodal officer of that Jurisdiction, hen nodal officer got the notice then he must have start the investigation by himself also charge sheet will be mentioned in specific period. some provisions of crpc like section 357A compensation provided to victims of the family. Speedy trial should be done in fast track court for speedy justice.
 
Punitive measures:
If any officers as nodal officer or police officer in not complete or fulfill their duty or to solve the case or by any kind of investing issue failed due to negligence of that officer so the department should be taken action against them and may be suspend them from their post.
 
National federation of Indian women PIL filed about what are the measures taken preventive moblynching and honor killing. Supreme Court asks the central government and 6 other states for response.
 
The PIL Moblynch case is still pending in the supreme court .
 
7.      Solutions:
Creating awareness
The peoples are lack of awareness about the laws and their consequences government of central and state government must take proper awareness about the moblynching incident’s and improve their life’s with safe and security Indian constitution article-21 No person shall be deprived of his life or personal liberty except according to procedure established by law.
 
Police administration and Judicial trustness
The people are lack of trust in that time they can take their justice in to their hands, improve the judiciary administration it will improve the people can easily access, central government enacted new criminal laws so they included moblynching is punishable offence, state government must follow the teheseenpoonawalas guidelines and implementing moblynching victim compensation scheme.
 
Create the law and order and crime investigation police it will reduce the burden of the police improve their mental ability
 
Political perspective:
Compared to other people political person creating enmity between two groups, hate speech, the people think their right but political persons have more responsible especially the ruling party members speak hate speech, they can follow the divide and rule policy it will affect the innocents life and property. Create the fast track courts hate speech and enmity between two groups related case matters.
 
Regulating Social media
There is no proper regulating authority, they are self-regulated and 2023 parliament amended the information Technology(intermediary guidelines and Digital Media and Ethics code)Rules 2021it gives power to ministry of electronics and information technology(Meity) unrestricted power to create a “fact check unit” to identify false and misleading information.
 
The rumors easily spreaded by social media platforms it was one of the major problem because it will spread easily, fact finding check unit is important but it will not curb the right to information it will create a fear the central governments dominance over the medias the WRIT Petition(L)No9792 of 2023 Kunalkarma Vs UOI, the case is Still pending in Mumbai High Court, the Court can’t stay central government fact finding check units, the government ready to implement fact finding units. The case was appealed to supreme court of india,, the apex court stayed the central governments Fact check Unit notification.
 
Improve the cyber security Deep fake technology – in this technology can use any high political persons image, videos create the unwanted situations among peoples, we must give an importance to this technology to control the Deep fake technology.
Education:
To educate the children’s and college students about the scientific technology and its problems how to handle the problems and crating awareness about the mob lynch control patrol units. Indian constitution under article 51A(h) to develop the scientific temper, humanism and the spirit of inquiry and reform.
 
Conclusion and suggestions:
Mob lynching is affected majorly on minority peoples and socially educationally backward classes, it will mainly happened by rumors the people can’t tolerate the incidents, they can’t recognize what was happened at that time, vandalism mindset group of people they would harm other peoples no one can’t take action against them, and lack of police administration they burdened lot of works, India has more than 140 crore people living everyone has right to life, no one can taken the justice into their own hands so any one incident or rumor can break the peace and loss of innocents life so fact finding unit was need but they can’t control by central government alone judicial intervention also need because the right to information is fundamental right and control the khap panchayts and take proper migration of peoples list it will the improve the governments effective administration also, our country is largest democracy every one life happily without fear of life threat.


[3] https://naacp.org/find-resources/history-explained/history-lynching-america
[7] https://cms.emergency.unhcr.org/documents/11982/44794/UN%2C+Guiding+Principles+on+Internal+Displace ment%2C+1998/480696-dd92-4d6-ad47-5.8aa8b5d11f
[8] Sucharita Roy v. State of W.B.,2023 scc online cal5086
[12] https://theleaflet.in/the-legal-void-impairing-indias-stance-against-mob-lynching-is-an-affront-to-human- rights/
[13] https://www.livemint.com/news/india/mob-lynching-accused tobe punished with death penaltyunder newlaw amitsha criminal laws loksabha-parliament-11703081391105.html
[15] https://timesofindia.indiatimes.com/city/bhopal/madhya-pradesh-okays-rs-10-lakh-for-lynching- victims/articleshow/103541461.cms
[16] https://timesofindia.indiatimes.com/city/delhi/compensation-for-mob-lynching-victims-new-categories-
added/articleshow/106744712.cms
[17] https://ksp.karnataka.gov.in/storage/pdf-files/1ccr%20english.pdf
[19] https://thc.nic.in/Tripura%20State%20Lagislation%20Schemes/Lynching%20or%20mob%20violence%20Victi
m%20Compensation%20Scheme,2018,%20Tripura.pdf

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