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 specificlines to
bring about a systemic approach to addressing the problem .