Supreme Court Issues Directives to Curb Racial Discrimination Against North-East Citizens

The case of Karma Dorjee & Ors. vs. Union of India & Ors. was filed under Article 32 of the Constitution, bringing attention to the discrimination faced by people from North-Eastern states in different parts of India. The petitioners, who are advocates, sought legal measures and institutional mechanisms to combat racial discrimination and hate crimes.

Background and Concerns Raised

The petitioners argued that despite India being a secular nation, citizens from the North-East often face discrimination in other parts of the country. The petition cited multiple instances of racial attacks, including cases where individuals from the North-East were assaulted, harassed, or even killed. The plea called for a systemic approach to eliminate racial discrimination through legal, educational, and policy measures.

Key Reliefs Sought

• Formulation of a legal framework to prevent racial atrocities.
• Setting up of a Special Investigation Team for hate crimes against North-Eastern citizens.
• Implementation of awareness programs to educate people and law enforcement about racial discrimination.

Government and International Legal Framework

India is a signatory to the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which mandates eliminating racial discrimination through legal and institutional frameworks. Additionally, Article 15 of the Indian Constitution prohibits discrimination based on race, religion, and place of birth.

Supreme Court’s Judgment

The Supreme Court emphasized:

“India’s obligations under an international convention designed to protect fundamental human rights must be read into the constitutional guarantee against racial discrimination.”

The court issued the following key directives:

• Implementation of the Bezbaruah Committee Report, which outlines measures to prevent racial discrimination.
• Regular monitoring of racial discrimination cases by a government committee.
• Appointment of nodal officers in police departments to handle issues concerning North-Eastern citizens.
• Inclusion of racial sensitivity training for law enforcement.
• Strengthening of laws, including amendments to the Indian Penal Code (IPC) to introduce specific provisions against racial crimes.

The judgment mandated the formation of a government committee comprising members from the Home Ministry and civil society to oversee the implementation of these directives.

Conclusion

This landmark ruling recognizes the challenges faced by North-Eastern citizens and ensures their protection through legal and institutional measures. The Supreme Court’s directives aim to foster inclusivity, strengthen legal safeguards, and promote racial harmony across India.

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Download Judgment: Karma Dorjee & Ors. vs Union of India & Ors Supreme Court of India Judgment Dated 14-12-2016.pdf