New Delhi [India], December 30 : Following the tragic murder of a 24-year-old MBA student from Tripura in Dehradun, a public interest litigation (PIL) has been filed in the Supreme Court flagging lacunae in our criminal laws to recognise racially charged violence against Indians from north-eastern states.
The PIL has been filed by Advocate Anoop Kumar Awasthi seeking issuance of binding guidelines in the light of such racially charged, violent attacks. The plea underscores that the said murder was reportedly preceded by taunts and racial slurs questioning the victim's nationality and identity. Further, it states that the attack was triggered by the persistent social trope that individuals with East or South-East Asian features are "outsiders" or "foreigners" within their own country, rather than any serious provocation.
"This (social) trope, repeated casually in public discourse, acquires lethal force when normalised by silence and institutional indifference", the plea states.
Thus, in light of a legislative vacuum in this regard, the plea seeks the top courts' intervention in the form of guidelines to treat racially motivated violence as a distinct constitutional wrong under our criminal legislation for ensuring effective protection of the dignity, equality and fraternity of all citizens.
Moreover, the plea states that in 2017, when incidents of crimes, atrocities, and discrimination against citizens hailing from the North-Eastern States were being reported across the country, the Union government had in Lok Sabha admitted in in 2017 that the existing penal framework was inadequate to address the specific nature of racial discrimination and violence, the same was not meaningfully addressed, no distinct offence of racial discrimination was created and the issue was laid to rest.
"On the one hand, the Union acknowledged the existence, scale, and persistence of racial attacks, and even contemplated legislative amendments. On the other hand, it disclaimed any intention to establish a dedicated institutional or statutory framework to address hate crimes and racial violence. This is not a matter of mere administrative delay; it reflects a deeper failure to translate knowledge into action, and that is why judicial intervention is required in the matter", the plea emphasises.
It is further contended in the plea that the aforesaid legislative vacuum in this regard has been exemplified by the events culminating in the death ofa Tripura-based student in Dehradun.
Another aspect raised in the plea is the dismissal of use of racial slurs such as "Chinese" or "Chinki" against persons from north-eastern states as casual insults defeats both the legislative intent and constitutional mandate.
Dismissing racial slurs such as "Chinese" or "chinky" against persons from north-eastern states as casual insults rather than evidentiary indicators of racial hostility renders aggravated penal provisions illusory and defeats both legislative intent and constitutional mandate, the plea states.
The deceased MBA student, identified as Anjel Chakma and HJ's younger brother, was attacked by a group of miscreants with knives and other blunt objects in Dehradun on December 9. Anjel later succumbed to injuries while undergoing treatment at a hospital, while his brother survived.
Five of the accused have already been arrested, including two minors sent to a juvenile reform home, while the sixth accused, a Nepalese national, remains at large with a reward of Rs 25,000 announced for his capture.