Supreme Court Petition Highlights Racial Discrimination Against Northeastern Citizens
Judicial Action Sought for Racial Violence
New Delhi, Dec 30: A Public Interest Litigation (PIL) has been submitted to the Supreme Court, calling for judicial action to tackle the ongoing constitutional failures in addressing racial discrimination and violence faced by individuals from the Northeast and other border regions.
This legal action comes in the wake of the tragic death of Anjel Chakma, a 24-year-old MBA student from Tripura, who died on December 27 after suffering severe injuries from a racially motivated attack in the Selaqui area of Dehradun.
Anoop Prakash Awasthi, a lawyer based in Delhi, has included the Central Government along with all states and Union territories as respondents in this PIL.
The petition seeks a writ under Article 32 of the Constitution, aiming to address violations of fundamental rights as outlined in Articles 14, 19 (1) (a) & (g), and 21, thereby calling for judicial intervention to confront the issues of racial discrimination and violence against citizens from northeastern states and other border areas of India.
In a poignant statement, the petition recalls Anjel Chakma's last words, "We are Indians. What certificate should we show to prove that?" This remark tragically encapsulates his sense of belonging before the situation escalated into violence.
The petition requests the issuance of an interim writ to formulate comprehensive guidelines that would classify 'racial slur' as a distinct category of hate crimes and establish appropriate penalties for such offenses.
Additionally, it calls for the establishment of a "nodal agency or a permanent body or commission or directorate" at both the central and state levels to facilitate the reporting and resolution of racial crimes.
Furthermore, the petition urges the creation of dedicated special police units in each district or metropolitan area to specifically address racial crimes.
It also advocates for the organization of workshops and discussions in educational institutions to raise awareness about racial discrimination and explore solutions.
The petition emphasizes that despite the evident racial motivation behind such crimes, India's criminal justice system lacks mechanisms to identify or document racial bias during initial investigations. Consequently, these offenses are often treated as regular crimes, which diminishes their significance and perpetuates a culture of impunity.
The petition asserts that Chakma's murder is not an isolated event but part of a broader trend of racial violence against individuals from northeastern states. It references previous incidents, including the death of Nido Taniam in 2014 and various assaults on students and workers in urban areas, which have been acknowledged by the government in parliamentary discussions but remain unaddressed by any specific legislative or institutional measures.
Anjel, hailing from Machmara in Unakoti district, had moved to Dehradun after graduating from Holy Cross School in Agartala to pursue his MBA, where he was fatally attacked in front of his younger brother, Michael.