KARMA DORJEE & ORS versus UNION OF INDIA AND ORS

Citation: [2016] 9 S.C.R. 968 · Decided: 14-12-2016 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Disposed off
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[2016] 9 S.C.R. 968 
KARMA DORJEE & ORS 
v. 
UNION OF INDIA AND ORS 
(Writ Petition (Civil) No.103 of20l4) 
DECEMBER 14, 2016 
[T. S. THAKUR, CJI, DR. D. Y. CHANDRACHUD 
AND L. NAGESWARA RAO, JJ.] 
Public Interest Litigation -
Human rights -
Racial 
discrimination - Writ petition seeking mandamus to the Union 
Government and the States to formulate a mechanism to deal with 
racial atrocities against people from the North-Eastern States -
Held: Monitoring of instances of racial discrimination involving -
citizens from the north-eastern States involves a111ong other things 
issues pertaining to law enforcement - However, involvement of 
law enforcement machinery alone not sufficient to resolve the 
problem- Mind-sets have to be changed - Sensitivity and inclusion 
have to be fostered -- The Govern111ents, both at the Centre and the 
States have a non-negotiable obligation to take positive steps to 
give effect to India s co111111itment to racial equality - In order to 
enhance a sense of security and inclusion, Union Government in 
the Ministry of Home Affairs to take proactive steps to monitor the 
redressal of issues pertaining to racial discrimination faced by 
citizens from the North-east --'For that purpose, a regular exercise 
of monitoring and redressal be carried out by a Committee-consisting 
of (i) Joint Secretary (North-east), MHA; and (ii) tll'o other members, 
nominated by the Union Government (one of whom should be a· 
public figure) - Functions to be performed by the Committee, 
enumerated - Constitution of India - Arts. 15, 32 and 51A(e) -
International Convention on the Elimination of All Forms of Racial 
Discrimination - Arts.2 and 5 - Protection of Human Rights Act, 
1993 - Penal Code, 1860 - ss.153A, 153B and 505(2). 
The petitioners are Advocates who initiated these proceedings in 
public interest for guidelines to be set down to curb acts of discrimination 
prevalent in society against persons from the north-eastern States. The 
petitioners alluded to various factual instances reported in media since 
2009, not with a view to seeking the intervention of the court in specific 
968 
KARMA DORJEE & ORS v. UNION OF INDIA AND ORS 
969 
cases (the law having been set into motion to deal with such instances of 
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hate crime) but to establish the need for the issuance of guidelines to 
bring about a systemic approach to addressing the problem . 
. Disposing of the writ petitions, the Court 
HELD: 1.1 In order to deal with the concerns of persons 
hailing from the north-eastern States and residing in different 
parts of the country, particularly in the metropolitan cities, the 
Union Government constituted a Committee chaired by Shri M 
P Bezbaruah, a member of the North-eastern Council. The 
Committee submitted its report to the Union Ministry of Home 
Affairs on 11 July 2014. 
An effective mechanism has been 
suggested by the Bezbaruah Committee. This should commend 
·itself once the Union government has accepted the 
recommendations on immediate ·measures. [Para 4j[975-C, D; 
977-A-B] 
1.2 The Union Ministry of Home Affairs has stated that a 
proposal for amending the Indian Penal Code by the insertion of 
two new provisions- Section i53C and Section 509A- is under 
examination. These amendments will deal with offences involving · 
racial matters. Whether the law should be amended is for the 
Union government to decide in its considered assessment of_ the 
situation, the nature of the problem and the efficacy of existing 
provisions. A mandamus to legislate cannot be issued. [Para 
5](977-C; 979-E-F) 
2.1 The monitoring of instances of racial discrimination 
involving citizens from the north-eastern States involves among 
0th.er things issues pertaining to law enforcement. However, the 
involvement of the law enforcement machinery alone is 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. Sen.sitivity 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, 
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