EMMETT TILL ANTI-LYNCHING ACT OF 2022
.After nearly a century and 200 failed legislative attempts, US President Joe Biden signed
legislation making lynching a federal hate crime punishable by up to 30 years in prison.
EMMETT TILL ANTI-LYNCHING ACT
The Emmett Till Anti-lynching Act is named after a 14-year-old black child who was killed
in Mississippi in 1955. Emmett's assassination is said to have inspired a surge in activism and
resistance, igniting what became known as the Civil Rights Movement in the United States.
Lynching, which occurs when an illegal mob kills someone based on their race without due
process, has a long history in the United States.
When a person conspires to commit a hate crime that ends in death or serious harm, it can be
charged as a lynching under the Emmett Till Anti-lynching Act. Federal prosecutors will be
able to utilize this as a tool to pursue heinous hate crimes.
It effectively modifies the United States' existing federal hate crime legislation, which is
codified in the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, signed into
law by former President Barack Obama in 2009.
PROVISION IN INDIA FOR LYNCHING
There is no present codified law against lynching in India as such the punishment for mob
lynching is provided under the ambit of the following laws currently-
1. Section 302 of Indian Penal Code
This section of IPC deals with punishments related to murder i.e. the person who
commits murder is punished either with a punishment of death or imprisonment for
life. In many cases, the convict may even be liable to penalised.
2. Section 304 of Indian Penal Code–
This section deals with punishment for culpable homicide not amounting to
murder which may be
Life imprisonment for a term which may extend to ten years, and shall also be
liable to fine in case the act is done with an intention to kill or cause injury that is
likely to cause death.
3. Section 307 of the Indian Penal Code–
This section deals with the punishment in case of attempt to murder. A person
who does an act with an intention or knowledge that his action may cause death
would be guilty of murder and is to be punished with imprisonment of either for a
term of up to ten years and also be liable to fine.
4. Section 323 of the Indian Penal Code
This section defines the punishment for causing hurt voluntarily. Whoever, except
if provoked as per section 334, voluntarily causes hurt, is bound to be punished
with imprisonment which may extend to one year, or with fine (up to one thousand
rupees), or with both.
5. Section 325 of the Indian Penal Code
This section deals with punishment for causing grievous hurt voluntarily.
Under the provision of this section, if a person, except in case of provocation
(as provided for by section 335), voluntarily causes grievous hurt, is likely to
be punished with imprisonment of either for a term of up to seven years and
also payment of fine.
Emmett Till Anti-lynching act or the anti lynching act which was recently signed by United
Stated President Joe Biden is warmly welcomed. It essentially amends the US’ existing
federal hate crime laws and make it more stringent in nature .