Public Interest Litigation Filed After Student's Death in Racial Attack

A public interest litigation (PIL) has been filed in the Supreme Court of India following the death of a 24-year-old student who was fatally attacked in Dehradun, allegedly due to his north-eastern appearance. The litigation aims to address the ongoing issues of racial discrimination and violence faced by individuals from north-eastern states and other border regions in India.

The petition was submitted by Advocate-on-Record Anoop Prakash Awasthi, who is calling for the establishment of comprehensive interim guidelines to classify 'racial slurs' as a form of hate crime until formal legislation is enacted. The petition also requests the creation of nodal agencies at both central and state levels to facilitate the reporting of racially motivated offences.

Furthermore, the petitioner advocates for the formation of dedicated police units in each district to specifically handle racial crimes, alongside proposals for workshops and discussions in educational institutions to raise awareness about the issue of racial discrimination.

The case centres around the tragic incident involving Anjel Chakma, an MBA student from Tripura. Reports indicate that Chakma and his brother were shopping in Selaquqi when they were subjected to racial slurs and abuse from a group of men, who targeted them solely because of their ethnic appearance. In a bid to assert their identity as Indian citizens, Chakma reportedly stated, “We are not Chinese… We are Indians. What certificate should we show to prove that?” This confrontation escalated, resulting in Chakma being stabbed and severely injured.

After spending approximately two weeks in intensive care, Anjel Chakma succumbed to his injuries on December 27. The petition highlights the need for judicial intervention to recognise racially motivated crimes as more than just ordinary offences, thereby addressing the underlying motives and providing appropriate legal recourse.

The petitioner asserts that the current legal framework fails to adequately address the gravity of such crimes, which often leads to a culture of impunity. The PIL cites a history of systemic racial abuse against individuals from north-eastern India, noting that these incidents reflect a broader societal issue of discrimination based on appearance and ethnicity.

The petition outlines several notable incidents of racial violence against individuals from north-eastern states, including:

• A mob attack in March 2014 on students from the north-east in Gurugram, where locals assaulted them while shouting racial slurs.
• The 2014 death of Arunachal Pradesh student Nido Taniam in Delhi, which was widely reported as a racially motivated attack.
• An assault on two women from Manipur in Delhi, which also drew media attention as a racially charged incident.

Despite the enactment of the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner notes the absence of legal recognition for hate or racial crimes. This gap leaves victims vulnerable, as racially motivated violence is often treated as a standard crime, failing to acknowledge the specific prejudices involved.

The petition further emphasises that the demand for north-eastern citizens to 'prove' their nationality based on physical appearance or behaviour is fundamentally unconstitutional and discriminatory. The petitioner seeks binding interim guidelines from the Supreme Court, akin to those established in the landmark case of Vishaka v. State of Rajasthan, which addressed sexual harassment in the workplace.

In light of these concerns, the petition argues that racial discrimination and violence are not only violations of constitutional rights but also a threat to the foundational principles of equality and fraternity enshrined in the Indian Constitution. The case is set to be closely monitored as it unfolds in the Supreme Court, highlighting the urgent need for action against racial discrimination in India.