Ishita Kohli, OP Jindal Global University, Sonipat
ABSTRACT
Mob lynching is when common people take the law into their own hands and in an attempt to achieve their distorted version of justice, violate the basic human rights of others by killing them and neglecting due process. It constitutes a grand failure on part of the State which as a signatory of various international conventions and treaties must prevent the violation thereof and must further protect the fundamental rights guaranteed to its citizens under its Constitution. Taking India as an example to succinctly explain this idea, this paper will delve into various Indian cases of mob lynching that are tainted with motives centred around religion, caste and gender. International Humanitarian Laws and the violations thereof shall also be highlighted. Further, pre-existing Indian legislation shall be analysed in an attempt to answer the moot question of whether India is abiding by its international obligations and if so, why have instances of mob lynching consistently increased.
