Mob Lynching In India: Comparative Study With United States
- IJLLR Journal
- 15 minutes ago
- 1 min read
Abhinav Singh, Amity University, Uttar Pradesh, Lucknow Campus
ABSTRACT
The phenomenon of mob lynching in India and United States present a grave challenge to rule of law and constitutional governance. The study examines historical context, the social causes, and the statutory framework that govern such unlawful killings. The Indian Penal Code of 1860 give Section 302 for murder and Section 147 for rioting together with Section 149 on unlawful assembly to deal with mob offences. The absence of an exclusive anti lynching law remains a serious vacuum in statutory framework. With enactment of Bharatiya Nyaya Sanhita in 2023 these provisions are reclassified as Section 101 for murder, Section 187 for rioting and Section 188 for unlawful assembly. Yet express recognition of lynching as separate crime is missing which weaken deterrence against mob violence.
The United States history of lynching is rooted in racial discrimination where from 1882 till 1968 more than 4700 persons were lynched mostly African Americans. The Emmett Till Anti Lynching Act of 2022 recognize lynching as a federal hate crime punishable with thirty years imprisonment. The civil rights jurisprudence and equal protection clause under Fourteenth Amendment become the constitutional base for challenging lynching and racially motivated crimes.
The comparative approach of this research underlines that both democracies confront mob violence threatening minority rights, equality and justice delivery. The analysis bring attention to how law, judicial pronouncements and statutory enactments respond differently yet pursue similar aim of securing dignity, liberty, and protection of individual against collective violence.
Keywords: Mob lynching, Crime, Organised Crime, United States, India.
