By Siddhant Mohan, TwoCircles.net
The murder of Junaid in Ballabhgarh, the lynching of of three Muslim guys in West Bengal and one in Jharkhand jolted the nation. Protest in several Indian cities, marked ‘Not in my name’ was held to separate the Hindus or Muslims from the mob attacking at the victims of various identities.
Prime Minister Narendra Modi and President Mukherjee both have condemned such events. Consequently, a common demand arose to draft new laws and legislations which may help in stopping mob lynching events.
‘Manav Suraksha Kanoon’, called ‘MASUKA’ is the new law draft is being proposed to the central government which may be step towards limiting the frequent and heinous episodes of mob lynching. Several activists, lawyers and scholars came together during ‘not in my name’ protest to draft MASUKA.
Peculiar feature of MASUKA is that the drafting committee of MASUKA has made sure the new law should work like a specialized one, just like Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act and POCSO, which are made keeping in the view of targeted victimization.
Anas Tanwir, a lawyer and one of the key members of the drafting committee talked with TwoCircles.net over the new draft. He said, “Yes. It is a specialized law. Because in many cases of lynching it was evident that cow or beef was secondary but identity of the victim was primary reason of their targeting.”
“In case of Junaid, his beard was pulled and skull cap was thrown. Why would someone do that? Because they were targeting the religious identity of victim. That is where a need of specialized law comes. We need to address these issues specifically, otherwise we cannot bring law to those victims,” said Tanwir.
MASUKA draft was released yesterday in public. Opinions and changes have been asked from the common people to make the law even better. But even before the release of MASUKA draft in public, many activists have raised questions over the need of new law. They asked that why the old laws cannot be used when it comes to mob lynching.
They point out that there are criminal procedures against Murder (302), Culpable Homicide (304), Hurt or Grievous Hurt (323/325), Common intention (34) and Rioting (147, 148) which can be equally efficient for trials and judgments, but Anas Tanwir explains why a different law is required to address such cases.
Tanwir said, “All these laws are potent and efficient for execution and justice, but what these laws do not offer is the witness protection. Under MASUKA, we have tried to make a special provision for protecting the identity of the witness.”
What could be achieved with the witness identity protection? Tanwir answers, “In cases where mob involves as perpetrator, the mob also gets involved as the witness. But people from the witness side do not come forward because of their obvious fears. Our present laws do not provide them security or anonymity, that is where MASUKA comes ahead.”
According to MASUKA drafting committee, the witness protection program will be able to identify attackers from the mob.
MASUKA, which has been proposed to be called as ‘Protection from Lynching Act, 2017’, does have a separate clause for protection of witnesses. The proposed act extends to the whole of India except the state of Jammu and Kashmir.
Moreover Tanwir says, “The law is drafted in such a way that its special focus comes towards minorities. With the SC/ST PoA Act, you can address atrocities against Dalits. Same as with the MASUKA, it will be a specialised legislation protecting victims of mob lynching incidents.”
MASUKA draft also has provision for compensation to the families of the victims, which shall be taken care by the Government. MASUKA also proposes strengthening of intelligence system so that lynching events can be prevented.
It also issues advisory to police personnel to prevent such incidents. It notes – “(Policemen shall) Make all possible efforts to identify patterns of violence in the area under his jurisdiction that indicate occurrence of targeted violence, including the creation or existence of hostile environment against a person or group of persons.”
All offences which may fall under MASUKA are to be cognizable and non-bailable, unless specified. MASUKA also ensures that no police officer below the rank of Inspector shall investigate the lynching cases.
Moreover, the MASUKA proposes the cases to go into courts which can conclude the fair trial under a specific amount of time. It also gives certain rights to the victim – “A victim shall have the right to reasonable, accurate, and timely notice of any court proceeding. He or she shall be entitled to be heard at any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submissions on conviction, acquittal or sentencing.”
Moreover the law mentions – “A victim shall be entitled to receive free legal aid if he/ she so chooses and to engage any advocate who he or she chooses from among those enrolled in the legal aid panel under the Legal Services Authorities Act, 1987 and the Legal Aid Services Authority established under the said Act shall pay all costs, expenses and fees of the advocate appointed by the victim or informant in accordance with relevant rules.”
MASUKA also entitles state governments for the protection of the victims, and the witness of the case. The State Government shall inform the concerned Designated Judge under about the protection provided to any victim, informant or witnesses and the Designated Judge shall periodically review the protection being offered under this section and pass appropriate orders.
Drafting committee is hopeful that PM Narendra Modi, its cabinet and Loksabha members will pass the legislation to ensure safety Muslims around the country. Tanwir said, “Mr. Modi himself condemn such events twice in the recent past, I see no reason why cabinet will not pass it.”
The draft, which was unveiled yesterday by Prakash Ambedkar, has Sanjay Hegde, Apoorvanand, Nivedita Menon, Manoj Jha, Anas Tanwir, Rebecca John, Sadar Masharraf, Anil Chamaria, Sanam Wazir, writer V Geetha and film actress and activist Swara Bhaskar on its panel.
Swara Bhaskar has also started an online petition in support of MASUKA named ‘Walk the talk, enact Manav Suraksha Kanoon’ addressed to Prime Minister Modi, where she also mentions the salient points of the MASUKA draft.