Institute of Legal and Management Studies

The Supreme Court today orally remarked that it is pained that people in this country are targeted because of cultural and racial differences. Remembering an incident where a person wearing a lungi was recently targeted in New Delhi, it said that the Union must be bothered about the cultural and racial discrimination faced by people, especially Northeasterners.

A bench comprising Justice Sanjay Kumar and Justice Alok Aradhe was hearing a 2015 writ petition under Article 32 seeking intervention of the Union Government for the protection of persons from the Northeast residing in various parts of the country, who have been subjected to racial attacks and insults. It sought the framing of guidelines for the safety and security of the Northeast community. The hearing was in regards to the status report which has been filed by the Union.

During the hearing, Advocate Gaichangpou Gangmei informed the Court that the incidents of racial discrimination and exclusion of Northeast people continue to occur. While Additional Solicitor General, KM Nataraj(for Union) submitted that nothing remains in the petition as a Monitoring Committee is in place, considering all the issues raised in the petition.

Justice Kumar remarked that read in the newspaper recently that a man from Kerala was ridiculed for wearing a lungi in Delhi. Stating that this is unacceptable in a country where people live in harmony without, he told ASG Nataraj: "You should be more bothered about it. We are one country."

Various orders have been passed in this petition from time to time. On May 1, 2023, Additional Solicitor General KM Nataraj was asked by the Court to file an updated status report in respect of the work of the Monitoring Committee constituted in terms of the order dated December 14, 2016, in Karma Dorjee & Ors v UOI. The Karma Dorjee writ petition was filed in 2014, raising similar issues.

The Ministry of Home Affairs constituted a Monitoring Committee to monitor issues and address grievances related to racial discrimination faced by Northeastern people. The Committee was charged to review the implementation of another Committee constituted in 2014 under the chairmanship of M.P. Bezbaruah, IAS(retd), member of the North Eastern Council, to look into the various concerns of the people from Northeast States who live in different parts of the country, particularly in metropolitan cities.

The updated status report filed by ASG Nataraj states that the Monitoring Committee meets periodically and so far has met 14 times, last on July 9. The Committee has empanelled advocates by the Delhi State Legal Service Authority to extend the facility for legal assistance to the Northeast region, setting up a Special Police Unit for the Northeast Region, etc.

It is said that the Government has undertaken a comprehensive review of the criminal laws and repealed and replaced them with BNS, BNSS, BSA. There were adequate provisions under the BNS ot curb offences of hate speech and hate crime. A dedicated portal to receive complaints/suggestions etc, from any person or group of persons or community hailing from the Northeast regarding racial discrimination has been established.

The petitioner today submitted that the Monitoring Committee, which is expected to meet quarterly, has met only 14 times in 9 years.

The Court has asked the petitioner to file a response on the status report.

Case Details: ALANA GOLMEI Vs UNION OF INDIA|W.P.(C) No. 53/2015