Amid growing concerns and outrage over the recurring racial abuse and discrimination faced by people from the North-Eastern states of India, a Public Interest Litigation (PIL) has been filed in the Supreme Court, seeking the court's intervention to protect them from hate crimes and racial abuse across the country. The petition references a Times of India report highlighting the issue, particularly in light of a recent tragic incident.
The PIL was prompted by the death of Anjel Chakma, a 24-year-old student from Tripura, who succumbed to injuries following an alleged racial attack in Dehradun. Advocate Anoop Prakash Awasthi, who filed the petition, emphasized that the repeated humiliation of North-Eastern citizens, often being called "Chinese" or "chinky," is not just individual prejudice but a misunderstanding of India's civilizational and constitutional vision.
The petition highlights the "deeply entrenched social trope" that views citizens from the North-Eastern states as "outsiders" within their own country. It argues that this trope, when normalized, can escalate from verbal abuse to lethal violence. The plea contends that the incident reflects a broader pattern of racial abuse faced by people from the Northeastern states and underscores the need for legal recognition of these acts as hate crimes, along with institutional mechanisms for prevention and redress.
According to the Times of India, the petition draws attention to the victim's last words, "I am Indian... What certificate should we show?". The petition argues that these words are an "indictment of the Republic's failure to make citizenship experientially real for all its people" and that the need for a citizen to assert their nationality as a defense against violence compromises the promise of equality before the law. The petition further argues that "Indianness flows from the Constitution, not from public perception or ethnic conformity".
The PIL seeks the Supreme Court's direction to recognize racial slurs as part of "hate speech". It also raises the issue of the need for awareness and sensitization against the use of such racial slurs targeting people from the North-Eastern states. The petition asks the court to direct the Centre and states to put in place special police units, permanent nodal agencies and awareness programmes in educational institutions to prevent racial discrimination. It also asks the court to frame interim guidelines to address such incidents until a comprehensive law is enacted.
Several incidents of discrimination and abuse against people from the North-East have been reported, particularly during the COVID-19 pandemic, where they were targeted and associated with the virus due to their physical features. In light of these incidents, the Central government had previously assured the Supreme Court that it would address the issue of racial abuse against North-Eastern people.
It's important to note that in December 2022, the Supreme Court dismissed a PIL seeking amendments to the Indian Penal Code to prevent racial discrimination against North-East Indians, stating that every problem does not justify court intervention and that the matter fell within the Parliament's purview. The Court also stated that an individual aggrieved by a racially discriminatory video on social media is at liberty to pursue remedies as available in law.
The current PIL underscores the persistent challenges faced by people from the North-East and the perceived need for stronger legal and institutional safeguards against racial discrimination. The Supreme Court's response to this petition could have significant implications for the protection and inclusion of North-Eastern citizens in India.
