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KARMA DORJEE & ORS vs. UNION OF INDIA AND ORS

SCR Citation: [2016] 9 S.C.R. 968
Year/Volume: 2016/ Volume 9
Date of Judgment: 14 December 2016
Petitioner: KARMA DORJEE & ORS
Disposal Nature: Petition Disposed Off
Neutral Citation: 2016 INSC 1123
Judgment Delivered by: Honble Dr. Justice D.Y. Chandrachud
Respondent: UNION OF INDIA AND ORS
Case Type: WRIT PETITION (CIVIL) /103/2014
Order/Judgment: Judgment
1. Headnote

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 .

2. Case referred
3. Act
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4. Keyword
  • 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
5. Equivalent citation
    Citation(s) 2017 AIR 113 = 2017 (1) SCC 799 = 2017 (1) Suppl. SCC 799 = 2016 (12) JT 124 = 2016 (12) Suppl. JT 124 = 2016 (12) SCALE 770