The Kerala High Court on Monday enhanced the sentences imposed on 12 accused in the 2018 Attappadi Madhu mob lynching case. The division bench directed that Rs 30 lakh from the fine amount, if realized from the convicts, shall be paid to Malli, the mother of Madhu, and the balance amount to his other legal heirs, if any.
Compensation and Legal Process
The bench also clarified that in the absence of legal heirs, the said amount shall also be paid to Malli. Additionally, the High Court instructed the trial court to address the District Legal Services Authority, Palakkad, for victim compensation. If the compensation has not been determined or paid, the process shall be expedited and the payment made within three months.
Court's Observations on Social Atmosphere
The High Court observed that what happened to Madhu was not an isolated aberration. It was the product of a social atmosphere in which a group of persons believed that they possessed the authority to apprehend, punish and publicly humiliate a tribal man accused of stealing food from nearby shops. “Madhu, a young man belonging to the tribal community, was hunted, paraded and displayed as a trophy of community vengeance. The men who did this did not believe they were committing a crime; rather, they believed they were rendering justice. What they were actually doing was demonstrating, in its starkest form, the power of the organised over the defenceless. Madhu stole food because he was hungry. His life had been reduced by illness, poverty and social abandonment to its most fragile condition. The men who surrounded him had vehicles, mobile phones, shops and the power of social dominance,” the court said.
Need for Cultural Transformation
It observed that the incident highlighted the need for a deeper cultural transformation in the manner in which society views tribal and forest-dwelling communities. “The tribals of Attappadi are not a problem to be controlled or punished. They are citizens of this country, protected by the Constitution, entitled to equal dignity under law, and deserving of the same compassion and humanity owed to every other person. Madhu’s death is a stark reminder of how far society remains from realising that promise,” the High Court stated.
Reminder of Constitutional Ideals
It further observed that Madhu’s death stands as a painful reminder of the continuing distance between constitutional ideals and the lived reality of many among the most marginalised sections of society.
Hearing and Submissions
During the hearing on Monday, all the accused in the case were present before the court. After finding 13 among them guilty, the High Court granted an additional two-and-a-half hours for them to make submissions on sentencing. When the court considered the appeals at 12:30 PM, all the accused pleaded for leniency in sentencing, citing various personal circumstances, including ailments of elderly parents, unemployed spouses, and the health issues of their children.
