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Karma Dorjee & Ors. v. Union of India & Ors.

Writ Petition (Civil) · Neutral citation not assigned (Writ Petition (Civil) No. 103 of 2014)Decided 14 Dec 2016
Writ Petition (Civil) No. 103 of 2014
Chief Justice T.S. Thakur · Dr. Justice D.Y. Chandrachud · Justice L. Nageswara Rao

Background

A group of advocates filed a writ petition in public interest under Article 32 of the Constitution seeking directions to curb racial discrimination and hate crimes against people from India's north-eastern states. They cited a series of reported incidents between 2009 and 2014, including assaults, a murder, and racially motivated taunts and violence in Delhi and elsewhere, not to seek relief in those specific cases, but to argue for a systemic mechanism to address such discrimination. The petitioners sought mandamus directions to the Union and State Governments to formulate anti-discrimination mechanisms, including a special investigation team for specific atrocities and public-awareness programmes.

Decision Breakdown

The Court held that discrimination against people from the north-east violates Article 15 (prohibition of discrimination) and the fundamental duty under Article 51A(e), and is also inconsistent with India's obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), which India ratified in 1968. Rather than ordering a special investigation team, the Court directed the Union Government, through the Ministry of Home Affairs, to set up a monitoring Committee (comprising the Joint Secretary, North-East, and two other nominated members, one a public figure) to periodically review redressal of racial-discrimination grievances. The Committee was tasked with monitoring implementation of the earlier Bezbaruah Committee recommendations, receiving and forwarding complaints to the National/State Human Rights Commissions or police, and ensuring strict action on incidents of racial violence. The writ petitions were accordingly finally disposed of with these directions.

Lesson Learnt

Citizens can use PIL under Article 32 not just to seek relief in individual incidents but to compel the government to build lasting institutional mechanisms, here, a standing monitoring committee, to address systemic discrimination.

Official source (sci.gov.in)View Judgment (PDF)

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