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NIFW has sought that a minimum uniform amount may be granted to the victims in addition to the compensation that may be determined by the State authorities after taking into consideration factors such as nature of bodily injury, psychological injury and loss of earnings including loss of opportunities of employment and education and expenses incurred on account of legal and medical expense.
The Supreme Court of India today issued notice in a PIL filed by National Federation of Indian Women (NFIW), seeking the Court's urgent intervention into the alarming rise in cases of lynchings and mob violence against Muslims despite clear guidelines issued by the Supreme Court in Tehseen S. Poonawalla vs. Union of India & Ors. qua lynchings done by cow vigilantes.
A writ in the nature of mandamus has been sought to the concerned State authorities to take immediate action so as to effectively contain and deal with the situation.
A bench of Justices BR Gavai and JB Pardiwala has sought the response of the Union Home Ministry and states of Maharashtra, Orissa, Rajasthan, Bihar, Madhya Pradesh, and Haryana after Senior Advocate Kapil Sibal, appearing on behalf of the NFIW, told the bench that invoking the jurisdiction of all high courts would not serve any purpose.
The plea mentions a few incidents of lynching and mob violence that occurred in the last two months (May & June, 2023), and submits that the State authorities have abjectly failed in making any sincere attempts to tackle this menace and there seems to be no end in sight so far as such incidents are concerned.
"...the present incidents of lynching and mob violence should be seen as the result of the general narrative of ostracization of the minority communities through false propaganda that is being spread by means of public events where hate speeches are made targeting the minorities as well as through social media channels, news channels, and films. The result thereof is that a poison of general communal hate and divide has taken over large portions of the populace. This hatred is the precondition of crimes of lynching and mob-violence...", the plea states.
Court is further told that a minimal action of merely registering FIRs is the only thing that is done by the authorities in most cases which seems to be more of a formality than any genuine initiation of the criminal machinery.
The plea further seeks that in order to ensure immediate relief to the victims of mob violence/lynching, a portion of the total amount of compensation that is to be granted should be given to the victims or their families immediately after the incident as interim compensation.
Case Title: National Federation of Indian Women vs. Union of India & Ors
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