Case Note:
Constitution - Discrimination - Racial atrocities - Petitioners initiated these proceedings for guidelines to be set down to curb acts of discrimination against persons from north-eastern states - Whether any direction need to be issued in present matter
Facts:
The Petitioners initiated these proceedings, in public interest for guidelines to be set down to curb acts of discrimination against persons from the north-eastern states. They have drawn attention to the discrimination prevalent in society against citizens of the nation drawn from the north-eastern states. Such acts of discrimination violate the fundamental duty under Article 51A(e) of the Constitution of India. The relief which the Petitioners seek was a mandamus directing the Union Government as well as the States to formulate a mechanism to deal with racial atrocities; Directing the Government to constitute a special investigation team headed by a former judge of the present Court to investigate into atrocities committed in specific instances; Directing the Union and the States to frame a proper mechanism to deal with cases of racial intolerance and discrimination; and to all authorities to undertake programmes for inculcating awareness and to sensitise both the public and the law enforcing machinery.
Held, while disposing of the petition:
(i) The monitoring of instances of racial discrimination involving citizens from the north-eastern states involves among other things issues pertaining to law enforcement. However, the involvement of the law enforcement machinery is alone not sufficient to resolve the problem. Mind-sets have to be changed including in the universities, colleges and educational institutions, places of work and in society. Sensitivity and inclusion have to be fostered. In order to achieve this, greater awareness of the history and the rich cultural traditions of the north-east is required to be inculcated. The problems faced by persons from the north-east traverse a whole range of issues, from the mundane issues of daily life to matters of education, employment, social security and the fundamental right to live in dignity. The Governments, both at the centre and the states have a non-negotiable obligation to take positive steps to give effect to India’s commitment to racial equality. This commitment is embodied in constitutional rights, fundamental duties, statutory provisions and in the international obligations which have been assumed by India. [8]
(ii) In order to enhance a sense of security and inclusion, the Union Government in the Ministry of Home Affairs should take proactive steps to monitor the redressal of issues pertaining to racial discrimination faced by citizens of the nation drawn from the north-east. For that purpose, a regular exercise of monitoring and redressal should be carried out by a Committee. The Committee shall carry out the functions, a) to monitor, oversee, pursue and review the implementation of the MP Bezbaruah Committee Report; b) to monitor the initiatives taken by the Government to curb and deal with the incidents of racial discrimination/racial atrocities/racial violence; c) to monitor action in respect of incidents of racial discrimination/racial atrocities/racial violence, suggest measures and ensure strict action; d) to receive, consider and entertain complaints from individuals and groups of individuals who claim to be victims of racial abuse/racial atrocities/racial violence/racial discrimination and forward the same to the National Human Rights Commission and/or the State Human Rights Commissions and/or to the jurisdictional Police Station as the case may be for enquiry and necessary action; e) to issue necessary directions including calling for reports on incidents of racial discrimination/racial atrocities/racial violence from the State Governments/Union Territories. [9]
Karma Dorjee and Ors. vs. Union of India (UOI) and Ors. (14.12.2025 - SC) : MANU/SC/1589/2016