Tripura Student's Tragic Death: Plea In Supreme Court Seeks Recognition Of 'Racial Slur' As Hate Crime & Guidelines To Tackle Discrimination

Following the tragic death of a 24-year old student subjected to a racial attack in Dehradun over his north-eastern appearance, a public interest litigation has been initiated before the Supreme Court to address racial discrimination and violence against Indian citizens from north-eastern states and other frontier regions of India.The plea, filed by Advocate-on-Record Anoop Prakash Awasthi, seeks formulation of interim, comprehensive guidelines, till a legislation is adopted, to recognize "racial slur" as a part of hate crimes and be made punishable. It further prays for nodal agencies at the central and state levels where such racially motivated crimes can be reported.The petitioner also seeks directions for dedicated special police units in each district/metropolitan area to address racial crimes, as well as, organization of workshops and debates in educational institutions to address the issue of racial discrimination.It may be recalled that an MBA student from Tripura named Anjel Chakma was recently reported to have been attacked in Selaquqi, Dehradun over his north-eastern appearance. As per claims, while they were out shopping, Chakma and his brother were subjected to racial slurs and derogatory abuse by a group of men "solely on account of their north-eastern appearance". When Chakma calmly objected to the same and asserted his identity as an Indian citizen saying “We are not Chinese… We are Indians. What certificate should we show to prove that?”, the group turned violent and left the brothers stabbed and beaten. After about 14 days in intensive care, Chakma, who sustained grievous injuries on his neck and spine, passed away on December 27.Based on this incident, the present PIL has been filed seeking judicial intervention to tackle racially motivated crimes, which our law at present treats at par with ordinary crimes, thereby "erasing motive, diluting constitutional gravity, and perpetuating a pattern of impunity"."The petition arises from a continuing constitutional failure reflected in repeated instances of racial abuse, dehumanisation, and violence against Indian citizens belonging to the North-Eastern States and other frontier regions, who are routinely targeted across the country solely due to their physical appearance and ethnic features, and are subjected to racial slurs such as “Chinese” or “chinky”, leading to social exclusion, psychological trauma, and, in extreme cases, fatal violence", the plea states.The petitioner highlights that Chakma's death is not an isolated incident. Rather, there has been a pattern of racial discrimination against north-eastern students and workers, which has been acknowledged by the Union in parliamentary replies but left unaddressed in framework."Even after the enactment of the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023, there remains no statutory recognition of hate or racial crimes, no mandatory recording of bias motivation at the FIR stage, and no specialised investigative or victim protection mechanisms. As a result, racially motivated violence continues to be prosecuted as ordinary crime, undermining Articles 14, 15, 19, and 21 of the Constitution and striking at the foundational constitutional value of fraternity enshrined in the Preamble."The petitioner further pleads that the incident demonstrates how citizenship, which flows from the Constitution, has been rendered experientially conditional for racially distinct Indian. "the informal and pervasive demand placed upon North-Eastern citizens to “prove” their nationality through appearance, language, or conduct is inherently unconstitutional, arbitrary, and discriminatory, and no such burden is imposed upon citizens whose physical features conform to socially constructed norms."He seeks interim guidelines of binding nature, as laid down by the top Court in Vishaka v. State of Rajasthan to address sexual harassment of women at workplace. It is asserted that racial discrimination and violence directly violate Articles 14, 15, 19, and 21 of the Constitution and are anti-civilizational.Certain other incidents of racial discrimination/violence against north-eastern citizens highlighted by the petitioner include:- On 30 March 2014, a mob attack on Northeast students in Gurugram's Sikanderpur village: A group of locals beat several persons from the Northeast with sticks and rods following an altercation, reportedly shouting racial slurs and targeting them selectively;- In January, 2014, death of 20-year old Arunachal Pradesh student Nido Taniam in Delhi, who died from injuries sustained after being beaten by a group in Delhi - widely reported as a racially charged attack;- In January 2014, assault on two Manipur women in Delhi: Two Manipuri women were reportedly thrashed in public view by local assailants, cited in media as racially motivated;- Reported crimes against North-Eastern citizens in Delhi and other cities (2014-16): Government data showed hundreds of cases of...

Tripura Student's Tragic Death: Plea In Supreme Court Seeks Recognition Of 'Racial Slur' As Hate Crime & Guidelines To Tackle Discrimination

Debby Jain

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