Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India – Art. 32 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Gujarat Animal Prevention Act, 1954 (72 of 1954) Constitution of India, Legal Services Authorities Act, 1987 (39 of 1987) Maharashtra Animal Prevention Act, 1976 (9 of 1976) Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 (35 of 1964) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Constitution of India – Art. 32 – Cow protection groupsindulging in violence – Cow vigilantism and other incidents oflynching – Writ petition u/Art. 32 seeking direction to State to takeimmediate and necessary action against the cow protection groupsindulging in violence – Issuance of direction to remove the violentcontents from the social media – Held: Act of lynching is unlawful –It is constitutional duty to take a call to protect lives and humanrights – No citizen can assault the human dignity of another, forsuch an action would comatose the majesty of law – Authoritiesconferred with the responsibility to maintain law and order in theStates have the principal obligation to see that no individual or anycore group take law into their own hands – It is to be seen thatvigilantism, cow vigilantism or any other vigilantism of anyperception, does not take place, else it would usher in anarchy,chaos, disorder – Thus, vigilantism cannot be allowed – Lynchingis an affront to the rule of law and to the exalted values of theConstitut ion itself – Steps to be taken at every stage forimplementation of law are extremely important – Hence, theguidelines in the form of preventive, remedial and punitive measuresare prescribed – Centre and State Government to carry out saidmeasures within the stipulated period.Guidelines – Cow vigilantism, incidents of lynching and mobviolence – Issuance of guidelines in the form of preventive, remedialand punitive measures to curb cow vigilantism and incidents oflynching.Legislation – Offence of lynching – Recommendations to thelegislature, Parliament, to create a separate offence for lynchingand provide adequate punishment for the same. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2018 INSC 617 |
Petitioner | Tehseen S. Poonawalla |
Respondent | Union Of India And Others |
SCR | [2018] 9 S.C.R. 291 |
Judgement Date | 2018-07-17 |
Case Number | 754 |
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