SUPREME COURT PETITION AFTER TRIPURA STUDENT'S DEATH SEEKS TO CLASSIFY RACIAL SLURS AS HATE CRIMES AND ANTI-DISCRIMINATION GUIDELINES:

In the wake of the tragic death of 24-year-old Anjel Chakma, a student from Tripura who faced a racial attack in Dehradun due to his north-eastern features, a public interest litigation has been filed in the Supreme Court. This petition aims to combat racial discrimination and violence directed at Indian citizens from north-eastern states and other border regions. Submitted by Advocate-on-Record Anoop Prakash Awasthi, the plea calls for the establishment of temporary yet comprehensive guidelines until specific legislation is enacted. These guidelines would classify racial slurs as elements of hate crimes, making them punishable offenses. Additionally, the petition requests the creation of central and state-level nodal agencies for reporting such racially driven incidents. It also advocates for specialized police units in every district and metropolitan area to handle racial crimes, alongside mandatory workshops and discussions in schools and colleges to raise awareness about racial bias.

The incident that prompted this legal action occurred when Chakma and his brother were shopping in Selaqui, Dehradun. They encountered a group of men who hurled racial insults and derogatory remarks based solely on their appearance. When Chakma responded calmly, affirming their Indian identity and questioning the need for proof of citizenship, the situation escalated into violence. The brothers were stabbed and beaten, leaving Chakma with severe injuries to his neck and spine. After enduring 14 days in intensive care, he succumbed to his wounds on December 27.

The petition argues that existing laws equate racially motivated attacks with routine crimes, which overlooks the underlying bias, diminishes their constitutional significance, and fosters a culture of unaccountability. It points out a persistent failure by the government to address ongoing racial abuse, dehumanization, and assaults on citizens from north-eastern and frontier areas. These individuals are frequently targeted nationwide because of their distinct physical traits and ethnic characteristics, facing slurs like "Chinese" or "chinky." Such treatment results in social isolation, emotional distress, and sometimes deadly outcomes. The plea emphasizes that Chakma's case is part of a broader trend of discrimination against north-eastern students and professionals, which has been noted in parliamentary responses but lacks a structured response.

Even with the introduction of the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Nagarik Suraksha Sanhita, 2023, there is no legal acknowledgment of hate or racial crimes, no requirement to document bias in initial police reports, and no dedicated systems for investigation or victim support. Consequently, these acts are prosecuted as standard offenses, violating constitutional provisions on equality, non-discrimination, freedom of movement, and the right to life and dignity, while undermining the principle of fraternity outlined in the Preamble.

The petitioner contends that such experiences make citizenship feel provisional for those with racial differences, imposing an unfair obligation to demonstrate their nationality through looks, speech, or behavior—a burden not placed on others whose features align with societal expectations. This practice is deemed unconstitutional, random, and biased. Drawing inspiration from the Supreme Court's approach in the Vishaka case, which provided binding guidelines against workplace sexual harassment until laws were passed, the plea seeks similar interim measures. It asserts that racial discrimination and violence infringe on fundamental rights and contradict civilized societal values.

To underscore the systemic issue, the petition references several past incidents: In March 2014, a mob in Gurugram's Sikanderpur village assaulted north-eastern students with sticks and rods amid racial taunts following a dispute. Earlier that year, in January, 20-year-old Nido Taniam from Arunachal Pradesh died in Delhi from injuries inflicted in a racially fueled beating. Also in January 2014, two women from Manipur were publicly attacked in Delhi in what was described as a bias-driven assault. Government records from 2014-2016 reveal hundreds of crimes against north-eastern residents in cities like Delhi, with 286 cases reported in the capital in 2014 alone, many involving racial elements. During the COVID-19 outbreak on March 24, 2020, a Manipuri woman in New Delhi was spat on and subjected to discriminatory labels linked to virus misinformation. More recently, in May 2025, individuals resembling north-easterners were assaulted in Delhi's Vijay Nagar, with a shop targeted and a woman beaten while racial slurs were shouted, as captured in viral social media accounts.