Why in the News?

On July 30, Uttar Pradesh toughened its 2021 anti-conversion law, increasing the maximum sentence to life imprisonment, tightening bail conditions, and expanding “illegal conversion” to include promises of marriage and trafficking.

How do current laws facilitate vigilante actions under the guise of protecting societal values?

• Expansion of Complainant Scope: The amended law allows any individual, regardless of personal involvement or direct impact, to lodge complaints about alleged unlawful conversions.
• Broad Interpretation of “Public Interest”: By permitting police officers and unrelated third parties to file FIRs, the law can be exploited to initiate cases that target religious minorities or interfaith couples, framing these as societal threats.
• Legal Ambiguity and Arbitrary Application: The inconsistent interpretations of “aggrieved person” under Section 4 by different courts have led to uncertainty.
  • This ambiguity has allowed authorities and vigilantes to target groups and individuals selectively, often with little or no evidence of wrongdoing, undermining personal freedoms and due process.
• Reduced Threshold for Evidence: By widening the scope of what constitutes “illegal conversion” to include vague terms like “promise of marriage,” the law can easily be manipulated.
  • This opens the door for complaints based on assumptions or suspicions, rather than clear, proven instances of forced conversion.

What measures can be implemented to ensure effective enforcement of laws against mob violence and vigilantism?

• Strict Definitions and Limits on Complainants: Restricting who can file complaints to genuinely aggrieved parties—directly affected individuals or close relatives—could help prevent misuse by third-party vigilante actors.
• Accountability Mechanisms for Law Enforcement: Police officers who file unfounded FIRs based on ideologically motivated complaints should face accountability measures.
  • Disciplinary action or judicial oversight in cases of misuse would help discourage officers from acting on non-substantial complaints.
• Enhanced Legal Protections for Victims of Vigilantism: Establishing a separate body to investigate and prosecute cases of mob violence and vigilante actions can protect targeted groups.
• Promotion of Public Awareness and Legal Literacy: Initiatives to raise awareness about individual rights and legal processes can empower citizens to resist unlawful actions by vigilantes.

What role do societal perception and political influence play in the rise of vigilantism?

• Ideological Justifications for Vigilantism: Laws like the anti-conversion amendment are often framed as measures to protect cultural or religious values, creating a narrative that justifies vigilante actions as morally and socially acceptable.
• Political Endorsement and Implicit Encouragement: When political entities endorse such laws or publicly support vigilante actions, they create a permissive environment for vigilantism.
• Media Influence and Public Perception: Coverage of interfaith relationships or religious conversions as “threats” to societal harmony often fuels public support for vigilante actions.
  • Sensationalist media narratives contribute to a heightened perception of certain groups as “others,” justifying vigilantism as a form of social correction.
• Inadequate Legal Deterrence: Weak penalties for mob violence or leniency in prosecuting vigilantes reinforce the perception that vigilantism will be tolerated, especially if aligned with popular or politically endorsed views.

Way forward: 

• Enact Clearer Legal Boundaries and Protections: Define strict limits on who can file complaints under anti-conversion laws, ensuring only directly affected individuals or close family members can do so.
• Strengthen Public Awareness and Judicial Oversight: Promote legal literacy campaigns to educate citizens on their rights and the dangers of vigilante actions, and establish judicial oversight for cases involving mob violence and vigilantism to ensure accountability and protection for targeted groups.

Mains PYQ:

Q Mob violence is emerging as a serious law and order problem in India. By giving suitable examples, analyze the causes and consequences of such violence. (UPSC IAS/2017)

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