New Delhi, Dec 29 (SocialNews.XYZ) Following the brutal assault and subsequent death of a Tripura student in Uttarakhand’s Dehradun, a public interest litigation (PIL) has been filed before the Supreme Court seeking urgent judicial intervention to address “continuing constitutional failure” in dealing with racially motivated violence against citizens from the North-Eastern states.
The PIL, filed under Article 32 of the Constitution, referred to the death of Angel Chakma, who succumbed on December 26 to grievous injuries sustained in a brutal assault in Dehradun’s Selaqui area earlier this month.
A final-year MBA student at a university in Uttarakhand, Chakma, was allegedly attacked in a racially motivated assault on December 9.
According to a complaint lodged by his brother, Michael Chakma, the two brothers were stopped by a group of youths, allegedly under the influence of alcohol, leading to an argument that escalated into violence.
The attackers allegedly hurled racial slurs before assaulting them with sharp objects. Angel sustained multiple stab injuries, including deep wounds to his neck and abdomen, and was admitted to the intensive care unit at Graphic Era Hospital, where he later succumbed to his injuries.
Referring to the incident, the petition quoted Chakma’s last recorded assertion during the confrontation: “We are not Chinese… We are Indians. What certificate should we show to prove that?” The PIL stated that these words “tragically became his final assertion of constitutional belonging before the assault escalated into fatal violence.”
The plea contended that despite the apparent hate-based and racial motivation, such offences continue to be treated as “ordinary crimes,” resulting in the erasure of motive and dilution of constitutional gravity.
“There is no mechanism in the initial criminal justice response system to recognise racial offences as a distinct constitutional wrong,” the petition stated, adding that this perpetuates a pattern of impunity.
Highlighting past incidents, including the 2014 death of Nido Taniam, the plea argued that the killing of Angel Chakma is “not an isolated incident but part of a long-standing pattern of racial violence” against citizens from the North-Eastern states, a phenomenon acknowledged by the Union government in parliamentary replies.
The petition further stated that even after the enactment of the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Nagarik Suraksha Sanhita, 2023, there is “no statutory recognition of hate or racial crimes, no mandatory recording of bias motivation at the FIR stage, and no specialised investigative or victim-protection mechanisms.”
As a result, racially motivated violence continues to undermine Articles 14, 15, 19 and 21 of the Constitution and strike at the constitutional value of fraternity enshrined in the Preamble.
The PIL has sought the issuance of binding guidelines recognising racially motivated violence as a distinct constitutional wrong and ensuring effective protection of dignity, equality and fraternity for all citizens.
Meanwhile, Uttarakhand Chief Minister Pushkar Singh Dhami on Monday spoke to the victim’s father and expressed deep grief over the incident, assuring strict action against all those involved.
According to an official statement, five accused have already been arrested, while another accused is suspected to have fled to Nepal, for whom a reward has been announced.
CM Dhami said he is personally saddened by the incident and understands the pain of the family, assuring that the Uttarakhand government will ensure strict punishment for the culprits.
Dhami also said he has spoken to Tripura Chief Minister Manik Saha, Union Home Minister Amit Shah, and Defence Minister Rajnath Singh regarding the incident.
Reiterating that the Uttarakhand government stands firmly with the victim’s family, Dhami said he would remain in touch with the Tripura Chief Minister to ensure all possible assistance is extended to them.
Source: IANS
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