A CRITICAL STUDY ON VIGILANTISM AND CRIMINAL JUSTICE SYSTEM IN INDIA

Abstract

Supremacy of law, predominance of spirit of justice and equality before law are the three pillars of the concept of rule of law. These three pillars articulate that ‘a government should be based on principles of law and not of men’. Thus, rule of law safeguards against State arbitrariness, anarchy and allows people to plan the legal consequences of their action. However, it is not the function of the government alone to uphold the majesty of law. In theory, the acts of the governed and the governing are guided by this sacrosanct rule. Rule of law enjoins the citizens too, to adhere to the law of the land. It requires the citizens to function within the boundaries of law. Non adherence to the rule of law creates situations leading to anarchy and gnaws at the very existence of the society and the State. Crime and conflicts exist in every society. It is the desideratum of every society to live in peace. It is the desideratum of every society to punish the offenders for infractions of law threatening its peace. A man can be punished for infractions of law, not for perceptions of violation of law, not for perceptions of violation of social norms. State alone has the monopoly of ‘legitimate’ use of physical force. The power to punish the infractions of law vests with the courts of law. Private citizens neither have the power to punish infractions of law nor have the power to punish infractions or perceptions of infractions of social norms. Law alone defines the infractions of law and punishes infractions of law. When private citizens take law into their own hands it leads to anarchy. India has witnessed 355 incidents of mob lynching since 2015. These incidents spanned across the length and breadth of the country. The primary reasons of these mob lynching incidents have been commission or suspicion of commission of offences against cows like, cow slaughter, cattle smuggling, consumption, possession, transportation or sale of beef. Commission or suspicion of commission of crimes like kidnapping, theft, murder, rape and drug peddling have also been the other reasons for mob lynching in India. These incidents posed a new challenge to the criminal justice system in terms of containment and punishment. iv Mob lynching is an extreme form of vigilantism. Vigilantism, as a criminological concept has been less explored in India. The Research Scholar, therefore undertook the study of mob lynching incidents in India which had left the law-and-order machinery at the mercy of the savage mobs. To understand the underlying reasons and to find solutions to prevent and combat mob lynching incidents in India, doctrinal and non-doctrinal methodologies were adopted by the Research Scholar. The doctrinal research entailed a detailed exposition of vigilantism as a criminological concept, an in-depth study of various incidents of mob lynching, analysis of the existing substantive and procedural laws and examination of the administration of criminal justice system. A non-doctrinal study was carried out with the intent to understand the ground realities faced by the administration of justice system and the society. To this end, opinion of the various stakeholders of the criminal justice system, namely, the police, lawyers, judges and academicians from the field of law was sought. For the said purposes, a questionnaire method was employed