Abstract

Mob lynching is providing penalization to an individual without any legal authority for any crime. The social structure of India is in risk of rupture from rising incidents of mob lynching and growing vigilantism. Because of shortage of an important legislation particular to mob lynch in India, these events leave not recorded and the hate part behind them go indentified. Politicizations of this hate are interrupting the secularism and democratic structure of the India. This study observes the contribution of the citizens as a racialized group with extra-legal punitive power of death, and how it catalyze the growth of mobocracy influences the personal rights by their apparent judgement, which decisively is an ambush on democracy. In the judgement of “Tehseen S. Poonawalla vs. UOI & Ors” has provided ways to the authorities to take preventive, corrective and penal measure so as to reduce this grievous. The study critically analyzes possible problem to the proposed legislations and propose alternatives. Although some jurist assistance making of new legislations to control this problem, others think that range of laws would not identify the cause of this concern, which is unsuccessful execution. The landmark judgments of the Court, this research study propose that the necessity and requirement of the hour is to ratify a ‘centralalized legislation’ for offering result to India’s responsibility regarding Constitution and global human right mechanisms, rather than state related laws.

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