A public interest litigation (PIL) has been
submitted to the Supreme Court, calling for judicial action to rectify the
ongoing failure to uphold constitutional protections against racial
discrimination and violence directed at citizens from India's northeastern
states and other border areas. This filing, dated December 28, comes amid the
tragic death of Anjel Chakma, a 24-year-old MBA student originally from
Tripura, who passed away on December 27 from severe injuries inflicted during a
racially motivated assault in Dehradun's Selaqui region. Hailing from Machmara
in Unakoti district, Anjel had relocated to Dehradun after graduating from Holy
Cross School in Agartala to pursue his master's degree. He was fatally stabbed
in front of his younger brother, Michael, and family members have since
demanded the harshest penalties, including the death sentence or life
imprisonment, for those responsible.
The petition, initiated by Delhi-based
advocate Anoop Prakash Awasthi, names the central government along with all
states and Union territories as respondents. It invokes the court's authority
under Article 32 of the Constitution to issue a writ of mandamus or other
suitable directives, addressing breaches of fundamental rights outlined in
Articles 14, 19(1)(a) and (g), and 21. The document highlights the persistent
racial discrimination and attacks faced by individuals from these regions,
emphasizing the need for immediate judicial oversight.
In detailing the incident, the plea
recounts how Anjel's final assertion of his Indian identity which involved in questioning
what proof he needed to demonstrate his belonging, preceded the violent
escalation. Drawing from media accounts, it describes how the assailants
attacked and stabbed both brothers, leaving Anjel with critical wounds to his
neck and spine. He remained in a coma during intensive treatment before
succumbing after over two weeks, an event that sparked nationwide outrage,
demonstrations, and calls for accountability.
The petition urges the court to establish
interim guidelines, pending new legislation, that classify racial slurs as a
distinct form of hate crime and specify corresponding penalties. It also
advocates for the creation of a central nodal agency, permanent commission, or
directorate, mirrored at the state level, to handle reports and resolutions of
such offenses. Furthermore, it calls for the formation of specialized police
units in every district and metropolitan area dedicated to investigating racial
crimes.
To foster awareness and prevention, the
plea recommends that the central and state governments conduct workshops and
discussions in educational institutions focused on combating racial prejudice
and exploring remedial strategies. It criticizes the current criminal justice
framework for its inability to identify or document racial motivations early in
investigations, which results in these cases being processed as routine crimes.
This approach, the petition argues, overlooks the underlying bias, undermines the
seriousness of constitutional violations, and fosters a cycle of unpunished
offenses.
Emphasizing that Anjel's killing is
symptomatic of a broader pattern, the document references historical instances
of racial abuse and violence against northeastern residents. Notable among them
is the 2014 death of Nido Taniam, alongside various assaults on students and
professionals in urban centers. Although the central government has
acknowledged these issues in parliamentary responses, the plea contends that no
targeted laws or institutions have been implemented to tackle them effectively.
Overall, the PIL seeks to compel systemic reforms to safeguard the dignity and
safety of these marginalized communities, ensuring equal protection under the
law.