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    Racial discrimination against NE people: SC sets one week deadline for Central govt to submit action taken report

    Supreme Court of India
    Date : 27/10/2018

    The Supreme Court on 26th October had set a one week deadline for the Central Government to submit action taken and action plan report within a week.

    The Bench of the Justice T.S. Thakur, Justice Dr D Y Chandrachud and Justice L Nageswara Rao while hearing the petition by Alana Gangmei , asked the central government to submit the action plan within a week.

    Following the death of 20-year-old Nido Tania in Delhi’s Lajpat Nagar, a Public Interest Litigation (PIL) was filed by Alana Gangmei in 2014 for protection of inhabitants from North East in various part of cities and places in India against racial discrimination and hate crime. Nido Tania was from Arunachal Pradesh.

    The bench made it clear that it will look into all measures and follow up action taken by the Central government, including the monthly review meeting which is supposed to be organised on monthly basis.
    Advocate Olivia Bang, associated with Human Rights Law Network (HRLN) appeared for Alana Ganmei.

    After hearing the lawyer of the petitioner, the bench asked how many meeting were organised by the committee. Court said that you need to organise a meeting “every month” and slammed the opposing counsel by asking them “Why they are not meeting?.

    The petitioner of the central government replied to the Honourable Supreme Court, “They will inform the committee”. The lawyer of the central government further informed the Court that the “petitioner is one of the members of the committee”.

    Replying to the Government counsel, the judge said, “May be, what is the matter?” and the judge observed about the lake of seriousness on the relevant court orders by the central government and remarked.

    Earlier, Olivia began the arguments on Alana’s behalf, drawing additional affidavit on behalf of the petitioner. The petitioner filed twenty points. (1) Bejbaruah Committee Report is completely ignored. (2) Racial slurs (3) North East Centres (4) Avail of reservation of ST seats/tribes from NE not fulfilled (5) Minority Committee formed in 2018 January. Only three months (6) racial harassment as Vishake guideline – racial harassment should be mandated (7) Special police unit (8) North East Centre meet regularly/ Counselling Centre/ multi purposes centre (9) Education about North East, people, culture, history as school curriculum (10) increase recruitment of police force- not only level of constable but of senior level (11) Empanelled 32 lawyers, payment delayed (12) Rousing rights (13) discrimination from police (14) Sensitising the armies (15) No helpline outside Delhi ( 16) No compensation to rape victims, no fast track records (17) No special cell for NE especially N.E lawyers (18) Nalsa to have a cell for NE especially N E lawyers (19) No guidelines empowering law agency to sift and firm action (20) no nodal officer in every college.

    About the case, the petitioner Alana Gangmei said, “The hearing was held in the court number 2. All the states, they have to respond. Some of them are non-complying. Judge has looked into the judgement, which is the Kama Dorjee v. Union of India. Based on that, question was asked to Union of India, what has been done? And the responder said that they have convinced the meeting. The judge was not really happy. What the supposed to be done was not done. So the judge has given one week time.”

    Olivia advocate of the petitioner said, “This is a writ petition of racial discrimination against north east people in all over India. Most of the cases of the crime against North east people are not handled properly. There is no proper investigation. No proper prosecutions. We are also looking to North East Cells, helpline numbers, hiring of lawyers, North east cells having to every institutions. Today in court, we are trying to show the judge on the direction given by Karma Dorjee which was done on 14th December, 2016. We were trying to show the judge if they could be any implementation after the judgement. Judge want detail affidavit in response to additional affidavit and asked why there is no implementation by the central government. Central government has to reply in weeks’ time”.

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