Relevance: GS II (Governance & Judiciary) & GS IV (Ethics) | Source: The Hindu / LiveLaw
1. Why is it in the News?
A young student from Tripura, Anjel Chakma, was tragically killed by a mob in Dehradun after he objected to racial slurs.
This incident triggered a petition in the Supreme Court highlighting a major legal gap: India currently treats such cases as
ordinary murders and lacks a dedicated law for racial hate crimes.
2. What did the Supreme Court say?
A three-judge Bench led by the Chief Justice of India delivered a nuanced ruling:
- The “Iron Hand”: Violence against citizens from the Northeast must be dealt with firmly and decisively.
- The Danger of “Pigeonholing”: The Court refused to create special crime categories based on race or region.
- A Regressive Path: Dividing crimes by identity after 75 years of Independence could polarize society rather than unite it.
- Role of Parliament: Law-making is the responsibility of the Legislature. The Court asked the Attorney-General to examine the issue.
3. A Classic Ethical & Governance Dilemma
- Universalism (Court’s view): Laws should remain “color-blind,” ensuring equal treatment of all citizens under one legal framework to preserve national unity.
- Particularism (Activists’ view): General laws often fail to protect vulnerable minorities facing historical discrimination, requiring targeted legal safeguards (similar to the SC/ST Act).
UPSC Value Box
| Key Fact | Why it Matters for UPSC |
|---|---|
| Bezbaruah Committee (2014) | Formed by the Government of India to examine the safety of Northeast citizens across the country. It recommended specific legal provisions to punish racial slurs. |
| Section 196 of BNS | Earlier Section 153A of IPC. Used to punish promotion of enmity between groups based on race, religion, language, or place of birth in the absence of a dedicated hate-crime law. |
Prelims Practice Question
With reference to the legal framework addressing discrimination in India, consider the following statements:
- The Bharatiya Nyaya Sanhita (BNS) contains a specific, dedicated section penalizing “Racial Hate Crimes” as a distinct category.
- The Bezbaruah Committee was constituted by the Government of India to examine safety concerns of citizens from the North Eastern States.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Correct Answer: (b)
One-line wrap: The Supreme Court’s stance highlights the tension between equal legal treatment and the need for
targeted protection against racial discrimination in India.
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