Following tragic death of a 24year old student subjected to racial attack in Dehradun , PIL was filed in the Supreme Court seeking judicial intervention to address the "continuing constitutional failure" to prevent and respond to racial discrimination and violence against citizens from northeastern states and other frontier regions.
The PIL was filed on December 28 in the backdrop of the brutal killing of Anjel Chakma, a 24-year-old MBA student from Tripura, who succumbed on December 26 to grievous injuries sustained in a racially motivated attack in Selaqui area of Dehradun. The PIL filed by Advocate Anoop Prakash Awasthi seeks formulation of interim , comprehensive guidelines till legislation is adopted to recognize ‘racial slur’ as a part of hate crimes and be made punishable.
Anjel from Unakoti district's Machmara went to Dehradun after completing his graduation in Holy Cross School, Agartala, to pursue MBA, where he was stabbed to death in the presence of his younger brother Michael.The family members of Chakma want capital punishment or at least life imprisonment for all the accused involved in the incident. Anoop Prakash Awasthi, a Delhi-based lawyer, has made the Centre and all the states and Union territories as parties to the PIL.
"That the present writ petition is being filed seeking issuance of writ under Article 32 of the Constitution seeking issuance of writ in the nature of mandamus, order, direction or any other appropriate writ for the violation of fundamental rights as under article 14, 19 (1) a & (g) and 21, and thus seeking judicial intervention to address the issue of racial discrimination and violence against Indian citizens from the north-eastern states and other frontier regions of India," the plea said.
"We are Indians. What certificate should we show to prove that?" words that tragically became the last recorded assertion of Anjel Chakma about his constitutional belonging before the confrontation escalated into brutal violence, it said while recounting the offence leading to his death. "Issue an appropriate writ (ad interim till a legislation is made) in the nature of formulating comprehensive guidelines, recognising 'racial slur' as a separate category of hate crimes and determining punishment for the same," the plea said.
It sought a direction to the Centre and the states to create a "nodal agency or a permanent body or commission or directorate" at the central level as well as at the level of each state where such racial crimes can be reported and redressed."Direct the respondents at central level as well as at the level of each state to make and create a dedicated special police unit in each district/metropolitan area to address the racial crimes," it said.
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