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UP Law Commission recommends law for lynchings providing up to life term

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UP Law Commission recommends law for lynchings providing up to life term

The Uttar Pradesh State Law Commission has drawn a draft legislation for combating mob lynching, recommending jail terms ranging from seven years to life imprisonment for assailants and up to three years for dereliction of duty by a police officer or district magistrate.

The draft law is part of a report based on a study undertaken suo motu by the Commission – the government had not commissioned it. The report along with the draft Bill was submitted to UP chief minister Yogi Adityanath on Wednesday, July 10, by State Law Commission Chairman Justice (retd) Aditya Nath Mittal, according to media reports.

In the introduction to the report, Justice Mittal noted that “one of the most stringing descriptions of the dangers of mob violence was Mark Twain’s response to a racial lynching in Missouri in 1901. He saw in it the danger of America turning into ‘United States of Lyncherdom’.” More than a century later, the secular Republic of India “appears to be amidst the shadow of a similar fear,” he said.

The 128-page report cited various cases of lynching in the state and recommended the immediate enactment of a law as per recommendations made by the Supreme Court in 2018.The report said only Manipur has made a special law against lynchings and, as per media reports, the Madhya Pradesh government is soon going to enact it.

The Supreme Court had in July 2018 issued a series of remedial and punitive measures to the Centre and state governments to curb mob lynching, demanding them to be implemented within four weeks.Noting that “mobocracy cannot be allowed in democracy”, the court had asked the governments to ensure that law and order is maintained. It had recommended the governments to enact a law that specifically addresses cases of lynching.

The UP State Law Commission’s report says the existing law is not sufficient to deal with mob lynchings and there is need for a law to not just punish the wrongdoers but also hold authorities responsible for dereliction of duty if such incidents take place under their watch.

Suggesting that such a law may be called the Uttar Pradesh Combating of Mob Lynching Act, the commission specified the responsibilities of police officers and district magistrates, spelling out the punishment for failing in their duty.

As per the available data from 2012 to 2019, 50 incidents of mob violence have taken place in the state.

Also Read: CBI raids senior advocates Indira Jaising, Anand Grover for FCRA violation

Of around 50 victims, 11 died. Twenty-five of these were cases of major assault, including those by cow vigilantes.

It referred to various cases of lynching and mob violence in the state, including the 2015 killing of Mohammed Akhlaq in Dadri on the suspicion of beef consumption.

It mentioned the killing of Inspector Subodh Singh on December 3, 2018, in a clash between police and Hindutva groups in Bulandshahr after cattle carcasses were found in a field.

The chairman noted that mobs were now turning on police as well. “Incidents of mob violence have taken place in districts of Farukkhabad, Unnao, Kanpur, Hapur and Muzaffarnagar. Police are also becoming victims as people have started thinking of them as their enemy,” Mittal said in the report.

“The killing of a head constable in Ghazipur and a jail warden are examples of this,” he said.

Underlining that mob lynching be made a separate offence to inculcate fear among miscreants, the commission’s draft law recommends stringent punishment:

* Imprisonment up to 7 years and fine up to Rs 1 lakh if the victim is injured.

* Imprisonment up to 10 years and fine up to Rs 3 lakh if victim suffers serious injuries.

* Rigorous imprisonment for life and fine up to Rs 5 lakh if the victim dies.

* Those involved in conspiracy, abetment be punished like those actually involved in lynching.

* In case of dereliction of duty by police officer or district magistrate, imprisonment of one year, which may be extended to three years and fine up to Rs 5000.

* Imprisonment of six months for contributing or enforcing a hostile environment.

The draft Bill defines “lynching”, “mob”, “victim” and “offensive material”  as well as also “hostile environment” created against the victim or family, including boycott of trade, public humiliation, depriving fundamental rights, and forcing a person to leave home etc.

Also Read: Ayodhya case: Daily hearing in Supreme Court from July 25 if mediation efforts fail

To hasten the trial process, the report suggests that cases of mob lynching should be assigned to designated judges, who should conduct the trial on a priority basis.

The panel said the law should also provide for compensation to the family of the victim for grievous injury or loss of loss of life and property. There should also be provisions for the rehabilitation of the victims and their families, it said.

Sapna Tripathi, Secretary of the State Law Commission, told The Indian Express: “The commission realised that mob lynching is a global problem faced even by US, countries in Africa etc for long. Thus, the commission thought of undertaking a suo motu study in this regard about six months ago. We also took into account directions of the Supreme Court and High Courts in different cases.”

“The commission only recommends and proposes to state government, it is up to the state government to accept it or take it forward.” She said the commission’s next study is on “anti-conversion laws” related to conversion of religion for the purpose of marriage.

India News

On completing nine years in office, Prime Minister Narendra Modi says he’ll continue to improve lives

The BJP has planned a special contact campaign across the country.

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On completing nine years in office, Prime Minister Narendra Modi says he'll continue to improve lives

Prime Minister Narendra Modi on Tuesday said his government, which completed nine years in office on May 30, will continue to take decisions to improve the lives of people like it had over the last nine years.

In a tweet, the PM said he was filled with humility and gratitude on the ninth anniversary of his government. He said he would continue to work harder towards the vision of a developed India.

The BJP has planned a special contact campaign across the country. The party said in a statement the country had seen unprecedented growth and development in every sector with the mantra of Nation First over the past nine years. It was due to the efforts of the government that the world was saying the 21st century belongs to India.

Comments on the tweet have not stopped coming in. One user said PM Modi’s vision had made India the fifth largest economy in the world. Many infrastructure projects had been pushed, toilet, gas and water connections were on the priority list of the Modi government. Article 370 had been revoked in Jammu & Kashmir and women had been empowered during the time.

Not to to be outdone, a critic of the government noted the Modi government had gifted India the highest unemployment rate, the highest cost of living and the highest debt. The user said women’s empowerment was hypocrisy as women wrestlers were being treated like criminals for protesting against the wrestling body chief, who continues to enjoy support of the Modi government.

But overall, the mood has been congratulatory with the odd critique here and there. On May 28, Prime Minister Modi inaugurated the new Parliament building while the Opposition boycotted it. He described the new Parliament as a temple of democracy, felicitated some workers involved in its construction.

The real test of the Modi government will come next year when the country will vote in the next Lok Sabha.

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India News

Please don’t go: Go Air ready to pay Rs 1 lakh more to pilots, Rs 50,000 more to first officers in retention effort

This retention allowance will be effective June 1. The offer will also be extended to those who had left the airline and willing to return, if they rescind their resignations before June 15.

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Please don't go: Go Air ready to pay Rs 1 lakh to pilots, Rs 50,000 to first officers in retention effort

Go Air, which filed for bankruptcy earlier this month, is taking the retention allowance route to prevent its employees from leaving en masse. It has announced an increase in salary of Rs 1 lakh a month for captains and half that for first officers to retain employees.

This retention allowance will be effective June 1. The offer will also be extended to those who had left the airline and willing to return, if they rescind their resignations before June 15.

Not just this, the company, which had undergone a rebranding exercise from Go Air to Go First a few years ago, will also offer a longevity bonus to staff who had served longer with the airline. Reports said Go Air Pilots get approx Rs 5,30,000 a month, which is much less when compared to pilots of Spice Jet, who draw Rs 7,50,000 a month since a double hike in their salaries in recent months.

With a month’s deadline from the airline industry regulator on revival plan submission, Go Air is pulling out all stops to present a working face. In its email sent to employees, the airline said it had put together a plan for progress and if everything goes as per plan, then it would not be too long before it would return to the skies that and would return to being regular on salary payments.

Staff from Go Air have plenty of options elsewhere since there has been a shortage of airline staff after the Coronavirus pandemic globally. For instance in India, India’s largest carrier IndiGo is looking to hire 5,000 workers in 2024 and Air India, under the ownership of the Tata Group, plans has some 4,200 cabin crew jobs and needs 900 pilots this year.      

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India News

How dare you disturb my sleep: Retired BSF man shoots at UP sanitation worker for playing Swachhta song, arrested

The accused has identified as Tauheed Ali, 48, a resident of Kanchan Park, Ghaziabad is a retired Border Security Force personnel, was later arrested by the police.

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How dare you disturb my sleep: Retired BSF man shoots at UP sanitation worker for playing Swachhta song, arrested

In an eerie turn of events, a man in Uttar Pradesh’s Ghaziabad allegedly shoots two sanitation workers over the disturbance of his sleep by the Swacchta song being played in their waste collection vehicle.

The incident took place on Sunday morning when the accused came out complaining disturbance from the song and fired several round on the cleaning staff.

The accused has identified as Tauheed Ali, 48, a resident of Kanchan Park, Ghaziabad is a retired Border Security Force personnel, was later arrested by the police.

An FIR under section 307(attempt to murder) of the Indian Penal Code (IPC) has been registered against Ali.

The victim have been identified as Rohit Kumar and co-driver Raj Kumar.

As per the police, the incident took place at around 7:30 am when a waste collection vehicle was passing by Ali’s house and the vehicle had two cleaning staff driver Rohit Kumar and Raj Kumar.  

Rohit said, Ali had earlier requested him to turn the song when the vehicle passes by his house.

Rohit said, when the vehicle was passing Ali’s house, he objected to it and after several attempts to explain him that turning off the jingle would prevent other residents from informing about the vehicle, he did not understood and  started abusing him and Raj.

He added, Ali then went inside his house and came back with a revolver in his hands to fire two rounds on them, on which they fled from the scene leaving the vehicle.

Assitant Commissioner of Police Rajneesh Kumar Upadhyaya said Ali used his licensed revolver and informed that the police will recommend to revoke his arms license.

ACP Upadhyaya said Ali to be a retired BSF man and he claimed disturbance from the song played by waste collection vehicle.

Swacchta song is a jingle usually played in every waste collection vehicle, it helps to alert the neighborhood to come out of their homes and throw garbage into it.

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