Mob violence is indiscriminate, it can happen for any reason and to
anyone, and until we do something to stop the surge of vigilante style justice in this country, none of
us will be safe
Mob justice is no justice
SYED MEHDI MOMIN
The killing of a 13-year-old boy -most probably falsely- accused of trying to steal a rickshaw shocked the nation and launched protests across Bangladesh. The group of men who attacked Samiul Alam Rajon filmed their sickening assault and posted it on social media, where it went viral in the country.
The video shows the men brutally beating and torturing the boy as he begs for his life, laughing and taunting him as he screams and cries. Stills from the 28-minute video, which are still circulating in local media, show a terrified Rajon cringing, at times tied to a fence. At one point, the attackers apparently tell him to walk away. When he tries, another shouts: His bones are OK. Beat him some more. An autopsy found 64 serious injuries on the boys body, which was disposed in a nearby dump after the beating.
Mob justice is not just a sudden outburst of uncontrolled fury, or the unspeakable brutality of an insane mob. It is the direct result of the persistent inability of our legal systems to conclusively resolve so many criminal cases properly or fairly. Increasing cases of mob justice are being reported where people take matters into their own hands. In July 2011 for example, six alleged robbers in the Noakhali area, southern Bangladesh, were beaten to death by a mob. A few years back six students were beaten to death at Keblar Char, near Gabtoli. Police initially branded the victims as robbers but went back on their claims following media reports.
The victims of mob madness in most cases drew the wrath of the mob on mere suspicion of being purse snatchers, robbers or terrorists. As it happens in such cases, reason and rationality take a back seat. The blood-thirsty mob falls on the victims with such vehemence that they find no scope to say anything in their self-defence. Such tragedies are happening day in, day out in different parts of the country.
I am not sure whether we have any correct statistics on how many cases of such killings have taken place since our independence. In all probability, we will never know how many innocent people had to die in this manner. And such deaths will never stop until and unless the law-enforcing agencies steps in to ensure that mobs are under no circumstances able to take law into their own hands and commit such barbarity.
Unfortunately rarely do the onlookers or the common people in general care to show any sympathy for such victims.
We know that more often than not the police prefer to look away when such violence takes place in their presence. What holds the police back from preventing the ghastly incidents is anybodys guess. The story of the polices non-committal role does not end here. There are instances when the police tried to dismiss such brutal incidents as the spontaneous outburst of the peoples wrath on the criminals. Put differently, does that mean to say that whatever the mob has done to establish its own style of justice is nothing very serious to worry about? In that case, what is then the need for maintaining the law-enforcement department under the state, if the mob has the freedom to take care of the law?
The way the media and the entire nation have stood as one to condemn the killing of Rajon and demand punishment to the perpetrators of Rajons murder heartening. It demonstrates that the public are no longer willing to remain passive onlookers of such senseless mob violence. In a civilised society, the citizens must be law-abiding. To be law-abiding means they have full confidence in the law of the land. As such, they leave the matter of maintaining law and order to the law-enforcing agencies of the state.
In sharp contrast to this, the very fact that in Bangladesh the mobs often take law into their own hands, betraying their lack of trust in the law-enforcing organs of the state. People are now saying that enough is enough and are developing social resistance against these kinds of lawless acts by the mobs. This a good sign, when the law-enforcers are failing to live up to the publics expectations.
Be that as it may this gruesome murder of Rajon should be a strong warning to all those who speak indiscriminately and glowingly of community justice, or believe that the people should decide on matters of crime and punishment or other social issues. The mob violence that has resulted in the deaths of several people in the recent days is the result of failures on the part of the state as well as the society. On the one hand, it shows the inexcusable breakdown of the state machinery, and on the other, it is reflective of the basest of human impulses.
Instances such as these undermine the rule of law and, in the process, strike at the very core of a civilised society. They must be tackled head-on, without any excuses. Video footage of the Rajon murder clearly shows many of the individuals involved, some of whom have been arrested, and they must be brought to justice at the earliest. Yes, it is difficult to prosecute mobs, as countless instances of languishing riot cases show, but it is imperative to make a strong statement, if the state is to regain the publics trust. The people must be told that no mob, no matter how large, is above the law of the land, and the state is capable of enforcing the law.
Yes people do get angry when they see criminals getting away scot-free more often than not. Many say that the courts are riddled with graft, agonizingly slow and let too many criminals go. The police are often despised as corrupt and ineffective. At times, they are accused of taking part in or encouraging extra-judicial killing. But while public anger is justified, violence is simply counter-productive. Historically speaking, mob mentality has been known to spread havoc rather than bring a positive change in society.
Public disgrace and shaming of people who are termed as offenders is not only outside of the social and legal sanction ,it also fuels an anarchist (and not in good way) and regressive mindset. During a mob formation, there is absolutely no regulation of unruly behaviour of each participant and this can lead to extreme miscommunication between them. The exact details of whatever is happening around the mob participants can be very unclear due to the unchecked rage and sentiments. This can lead to huge injustices and unnecessary assaults on innocent people. While it is true that rage and anger is useful in initiating important revolutions, it needs to be in adequate doses which can be channelized in positive ways.
Human rights activists and sociologists attribute this behaviour to the growing frustration in society and among the youth who have lost faith in the police and the judicial system. People are not averse to taking the law into their own hands since they believe that if they do not punish the criminal, he will get off scot-free after getting bail. It indicates the failure of the government machinery in tackling the situation. One can understand public outrage when the government has failed to act or the police has shown total apathy. But at the same time, it cannot be justified in the long-term interest of the general public.
Such incidents can be taken advantage of by persons and forces who are anti-people. Definitely, a part of this problem stems from our slothful criminal justice system which is bursting at the seams. Some cases take decades to get through the judicial system, many accused are let off because of the lack of proper evidence, corruption is rife and sometimes it seems like the rich and powerful can get away with anything each of these are systemic flaws, and they perpetuate the belief that the state is incompetent, thereby legitimising the publics propensity for mob justice. But while these factors must be addressed, they must not be used as an excuse to sugar-coat a heinous crime.
There is a reason why laws exist in our society. No civilized society can afford to allow mob rule to replace the rule of law. Frankly speaking mob justice can take care of one or two cases at best but effective legal action on the other hand can help in questioning and changing the unequal distribution of power in our society. It is important to bring a paradigm shift and restructure the patriarchal society instead of resorting to temporary and reactionary justice methods. Mob violence is indiscriminate, it can happen for any reason and to anyone, and until we do something to stop the surge of vigilante style justice in this country, none of us will be safe.
The government must invest in strengthening judicial and police institutions; establishing the rule of law has to be given priority over everything else. The legitimacy of any government depends on the rule of law, which requires establishing policing and judicial institutions that are effective, fair and transparent. Educating the public about how courts work and the principle that people are innocent until proven guilty, and visible policing, are some of the things to begin with.
In seeking justice, society must temper vengeance with reform. A mob is the method by which good citizens turn over law and governance to the criminal or irresponsible classes. Petty crimes should be dealt with at the magisterial level to lessen the burden of the lower judiciary; petty criminals should be reformed by community service and not by serving jail time, as this will only add unnecessary burden on the judicial system and the national exchequer. The state must proactively take urgent steps to restore peoples faith in the system before it is too late and geopolitical stability is threatened by a charged mob ready to bring down the government, resulting in anarchy and chaos.
The writer is Assistant Editor of The Independent and can be contacted at: [email protected]
