Steps done to stop cow vigilantism and lynching, from the Supreme Court to state governments

The Supreme Court objected to petitioners bringing up instances based on religion on Tuesday, but it also directed state governments to notify it within six weeks of any action taken in cases of mob lynching and cow vigilantism.

“Let’s avoid discussing the situations in light of religious beliefs. Petitioners were advised by a bench headed by Justice BR Gavai, “We should concentrate on the larger cause.”

The Bench’s remarks followed senior attorney Archana Pathak Dave’s assertion, made while representing one of the states, that there was no reference of mob lynchings of individuals of other religions but to specific allegations of Muslim males being killed. She emphasized, “The relief sought cannot be religion-specific.”

Advocate Nizam Pasha claimed on behalf of the petitioner that there had been a purported mob lynching event in Madhya Pradesh, but that a FIR had been filed for the victims’ deaths at the hands of cows. How can the 2018 ruling in the Tehseen Poonawalla case be upheld if the state rejects the mob lynching incident? Pasha pondered. The hearing on a PIL asking for orders to states to act immediately in accordance with a 2018 ruling by the Supreme Court to effectively deal with incidences of lynching and mob violence against Muslims by cow vigilantes been postponed by six weeks by the highest court.

The majority of the states, it seems, have not submitted their reply affidavits to the petition citing specific cases of mob lynchings. In such instances, the states were required to at least reply to whatever action was taken. It said, “We provide the states that haven’t given their answers and explanations of the actions they took in such circumstances six weeks to do so.

The top court had sent notifications to the Centre and the DGPs of Maharashtra, Odisha, Rajasthan, Bihar, Madhya Pradesh, and Haryana last year in response to a Public Interest Litigation (PIL) brought by the National Federation of Indian Women, an organization connected to the Communist Party of India. The PIL requested that the Center be directed to give victims of such violence a minimum, standard amount in addition to the compensation decided by the individual states after taking into account the type of physical and psychological harm, loss of income and job opportunities, as well as legal and medical costs.

The MP Government lawyer was questioned by the Bench on how a formal complaint for the slaughter of cows was filed without a chemical analysis of the meat and why no formal complaint was filed against the individuals who got into the altercation.

“Are you attempting to rescue someone?” inquired the Bench.

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