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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.

2024 Lok Sabha Elections

Lok Sabha election 2024: Nearly 50% voter turnout recorded in second phase till 3 pm

The constituencies going to polls today include all 20 Lok Sabha seats in Kerala, 14 in Karnataka, 13 in Rajasthan, and others spread across different states.

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In the second phase of Lok Sabha elections 2024, over 50% of voters were registered in 13 states and the UTs till 3 p.m. 65% of voters participated in the first round of the Lok Sabha elections.

The 18th Lok Sabha elections are currently in their second phase, with voting for 88 seats taking place across 13 states and union territories. There are more than 1,200 people running for office, four of them are from outside Manipur.

Union minister Rajeev Chandrasekhar, BJP members Tejasvi Surya, Hema Malini, and Arun Govil, Rahul Gandhi and Congress leader Shashi Tharoor, DK Suresh, the brother of Karnataka Deputy Chief Minister DK Shivakumar, and former chief minister HD Kumaraswamy are among the notable contenders for the second phase.

In 2019, the NDA had won 56 of the 89 seats and the UPA 24. Six of these seats have been redrawn as part of the delimitation exercise.

The first phase of the seven stages of the elections took place on Friday, including 102 seats spread across 21 states and Union territories. Voter turnout was about 65.5% in the first phase, according to the reports.

In biggest festival of democracy, people from all walks of sector took part in it. A video went viral where former India captain and current Indian team head coach Rahul Dravid and former India player and head coach Anil Kumble were seen standing in line  to cast their vote.

Meanwhile, voting started at 7 a.m. and will end at 6 p.m. The Election Commission has extended voting hours for those who are in line by an hour. According to Election Commission figures, the first two hours saw a 9.3% voter turnout throughout the 88 constituencies. By 9 am, Kerala had recorded 8.52%, Karnataka 9.21%, and Madhya Pradesh 13.82%.

In this phase, there were about 15.88 crore eligible voters, comprising 5.929 third-gender electors, 8.08 crore males, and 7.8 crore women. 3.28 crore young voters, aged 20 to 29, are among them; 34.8 lakh of them are first-time voters.

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2024 Lok Sabha Elections

Lok Sabha elections 2024: 102-year-old man walks to polling booth to cast his vote in Jammu

The lowest voter turnout so far was noted in Ramgarh at 1.53%.

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A 102-year-old man showed up at a Jammu polling place to cast his vote in the second phase of the Lok Sabha elections on Friday. Haji Karam Din arrived at the Reasi district polling place in the Jammu constituency with a walking stick in hand and a family member who assisted him with the pre-voting process.

Haji Karam Din, who is 102-year-old, showed his inked finger and posed for pictures outside the polling booth after casting his vote. He said voting at this polling place at this age makes him very happy. He has always cast his vote. Even at the age of 102, this experience is still ongoing, he said.

Reasi district is a part of the Jammu parliamentary constituency, and 22 candidates are up for vote with around 17.81 lakh eligible voters.

BJP’s sitting member Jugal Kishore Sharma is aiming for a third term in office following wins in the elections of 2014 and 2019. Former minister and Congress candidate Raman Bhalla is his main opponent.

Voting in the Jammu-Reasi Lok Sabha constituency began with eager voters showing up at the polling places. Some of them were wearing traditional Dogra attire.

In 2,416 polling places around the constituency, voting got underway at 7 a.m., and 10.39% of the total votes were cast by 9 a.m. In the 2019 Lok Sabha elections, Jammu recorded a 74% voter turnout.

Following the repeal of Article 370 and the division of the former state into two Union Territories five years ago, this is Jammu’s first significant election.

The Akhnoor segment received the highest percentage of votes, 14.24%, followed by Reasi (14.13%), Gulabgarh (13.53%), Shri Mata Vaishnodevi (12.71%), Marh (12.31%), Samba (8.56%), R S Pura Jammu South (8.17%), and Suchetgarh (5.67%), according to the officials. Ramgarh recorded the lowest voter participation of 1.53% so far.

Low attendance was observed in the border areas of the districts of Jammu and Samba till nine in the morning, according to poll data.

The officials said that big lines of voters were observed at several polling places throughout Jammu city. Voters were observed heading towards polling places early in the morning.

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India News

Salman Khan house firing case: NIA interrogates arrested shooters Sagar Pal, Vicky Gupta for three hours

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The investigation into the shocking firing incident that took place outside Salman Khan’s house on April 14 keeps bringing new updates with every passing day. In this case, Sagar Pal and Vicky Gupta, the two suspected shooters, have already been taken into custody.

The two shooters have reportedly been questioned by the National Investigation Agency (NIA), according to a new development. Every day that goes by, more information is revealed about the inquiry into the shocking firing incident that happened outside Salman Khan’s house on April 14. Sagar Pal and Vicky Gupta, the two accused shooters, are being held in custody after their first arrests.

It was recently discovered that the two shooters were questioned by the National Investigation Agency (NIA).

NIA has reportedly begun questioning Sagar Pal and Vicky Gupta, who were detained a few days ago for firing openly outside Salman Khan’s Galaxy Apartments in Mumbai, according to a recent update posted on their X (Twitter) account. NIA has interrogated shooters Vicky Gupta and Sagar Pal, arrested in the firing case, the tweet said.

According to the reports, two Punjabi residents were taken into custody by the Mumbai Crime Branch yesterday on suspicion of being involved in the recent shooting incident outside the house of Bollywood actor Salman Khan.

The two men, Sonu Subhash Chander and Anuj Thapan, provided guns to Sagar Pal and Vicky Gupta, the shooters, according to information released by the Mumbai Crime Branch. It was also reported that they had communication with the Bishnoi gang. For those who don’t know, hours after the incident, Anmol Bishnoi, the brother of gangster Lawrence Bishnoi, allegedly took credit for the firing in a Facebook post.

The shooters’ custody has been extended by Mumbai’s Esplanade Court until April 29.

Meanwhile, on the workfront Salman Khan was last seen in Tiger 3 alongside Katrina Kaif.

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