In West Bengal, a crime, the mob and state abdication
Thirty kilometres away from Kolkata, a story of serial state failures plays out. First, there was a heinous crime, the assault and murder of an 11-year-old, allegedly by four men, which sparked protests and demands for justice. The brutalising of a child can shake faith in the government’s ability to protect the most vulnerable. Then, a man was lynched by a mob in Baruipur in South 24 Parganas district for the murder — it turned out that he, reportedly, was not responsible for it. Chief Minister Suvendu Adhikari asked the police to identify lapses and an SIT was constituted. That, however, cannot mask the third failure: The “encounter” of an accused and the ruling party’s defence of that action. The framing of the lynching by Chief Minister Adhikari is deeply problematic. He has sought to let his government’s law enforcement off the hook, and spoken of the mob violence as a “political conspiracy” with a “communal connection”. State BJP president Dilip Ghosh has labelled those questioning the encounter and the subversion of due process as “anti-social”. “The criminal and those who support criminals should receive equal treatment,” he said. These statements from the highest political quarters are unseemly. They can even be read as signalling a tolerance of, or impunity for, extra-judicial action and state vigilantism. They are especially jarring coming from a ruling party that has made big promises on law and order and women’s safety. As part of poriborton, the BJP promised the West Bengal voter relief from a ruling dispensation whose politics crept into all institutions and cramped all spaces, from the economy to crime and justice. By looking for fall guys for its lapses, the Adhikari government is not getting off to a good start. It must, going forward, underline its respect for institutions, due process and fundamental rights, of victims and also the accused. The first step to that end must be a delinking of law and order and partisan politics.
- 1Police and public order are State subjects under Entries 1 and 2 of the State List in the Seventh Schedule, which is why the West Bengal government, not the Union, bears primary responsibility for the law enforcement failures described here. Article 21 guarantees the right to life and personal liberty to every person, including an accused, and the Supreme Court has repeatedly held that this protection cannot be suspended by mob action or extra-judicial encounters. Constituting a Special Investigation Team is a common administrative response to alleged police lapses, though its independence depends on insulation from the political executive it is meant to scrutinise.
- 2Custodial and extra-judicial killings, often termed 'encounters,' have drawn sustained scrutiny in India, with the National Human Rights Commission's 2010 guidelines requiring that every encounter death be treated as culpable homicide until proven otherwise. Mob lynching drew national attention after incidents such as the 2017 Jharkhand and 2018 Rajasthan cases, prompting the Supreme Court's directions in Tehseen Poonawalla v. Union of India (2018) requiring states to designate nodal officers and fast-track courts for such cases. West Bengal's response here, pairing an SIT with rhetoric dismissing scrutiny as conspiracy, sits uneasily alongside the preventive and accountability framework the Court has laid down.
- 3The Supreme Court's judgment in Tehseen Poonawalla v. Union of India (2018) directed every state to prepare a lynching-specific action plan, appoint a nodal police officer in each district, and prosecute mob violence under dedicated provisions rather than treating it as ordinary murder. Extra-judicial encounters are separately governed by the NHRC's 2010 guidelines and the Supreme Court's ruling in PUCL v. State of Maharashtra (2014), which mandates an independent CID or magisterial inquiry into every police encounter death. A state government publicly defending an encounter, as the editorial describes, sits in tension with the procedural safeguards both judgments require before any encounter can be treated as lawful.
- 4Child protection failures of this kind fall within the ambit of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and National Crime Records Bureau data has repeatedly shown several thousand crimes against children reported in West Bengal annually, underscoring that such incidents are not isolated. Mob lynching cases recorded across India numbered in the dozens annually through the late 2010s according to independent trackers and NCRB data, with West Bengal among states that have recorded such cases in recent years. The editorial's warning that institutional politicisation 'creeps into all spaces' echoes broader research linking weak police accountability to both higher custodial violence and lower conviction rates in crimes against vulnerable groups.
