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2022-02-16

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Indian Polity
www.thehindu.com

On August 30, 2019, the West Bengal Assembly passed the West Bengal (Prevention of Lynching) Bill, 2019, that proposes a jail term from three years to life imprisonment for those involved in assaulting and injuring a person and also defines terms such as “lynching” and “mob”. The government also proposed to set up the West Bengal Lynching Compensation Scheme.

To a RTI application by The Hindu , the Home Ministry stated the said law was received from the Rajasthan government on September 6, 2019. It added that the Bill was “under inter-ministerial consultation with State Government/Union Ministries/ Departments”.

The Ministry’s reply stated, “However, the bill The West Bengal (Prevention of Lynching) Bill, 2019 has not been received from West Bengal Government.”

In 2018, the Manipur Assembly passed the Manipur Protection from Mob Violence Bill, recommending life imprisonment for those involved in mob violence if it led to death. The Bill is still being examined by the Ministry. The Ministry examines State legislation on three grounds — repugnancy with Central laws, deviation from national or central policy, and legal and constitutional validity.

In 2019, the Ministry informed the Lok Sabha that it had received the Bills passed by the legislatures of Manipur and Rajasthan that had been reserved by the Governor for consideration of the President. The President has to go with the advice given by the Council of Ministers represented by the Home Ministry.

In 2018, the Supreme Court asked Parliament to make lynching a separate offence. The Home Minister had informed Parliament that the government had decided to overhaul the IPC framed in 1860 and the CrPC and mob-lynching would also be examined by the committee.


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