Rediff.com« Back to articlePrint this article

'IPC to be amended to punish racism against northeasterners,' says HC

July 08, 2015 19:15 IST

Calling people of the northeastern region by "derogatory" names will soon become a non-bailable offence and land you in jail for up to five years.

The ministry of Home Affairs told the Delhi high court on Wednesday that it has decided to amend the IPC to strengthen the legal framework against racial discrimination.

"The ministry of home affairs is in process of finalising a comprehensive bill for insertion of new sections of 153c and 509A in Indian Penal Code which will be introduced in Parliament after inter-ministerial consultation," a bench of Chief Justice G Rohini and Justice Jayant Nath was told.

Additional Solicitor General Sanjay Jain handed over the copy of the action taken report on behalf of MHA and other ministries, saying the home ministry accepted a recommendation of the M K Bezbaruah committee constituted in February 2014, following a spate of attacks against people from the region living in Delhi.

Besides insertion of new sections in the IPC, facilities for legal assistance, special police initiatives, bonding power of sports and educating the people about the northeastern have been also taken care of, ASG Jain said.

The proposed Section 153C makes imputations and assertions prejudicial to human dignity and makes words, both spoken and written, or signs attempting to discriminate against individuals on the basis of race, or indulging in activity intended to use criminal force or violence against a particular race, a non-bailable offence punishable with imprisonment up to five years with fine.

The proposed Section 509A seeks to make any word, gesture or act intended to insult a member of a particular race with imprisonment that may extend to three years with fine.

The Centre had set up the committee after a 19-year-old Arunachal Pradesh student Nido Tania was killed in an alleged racial attack in Lajpat Nagar locality in South Delhi in January 2014. 

The ASG, who was assisted by central government standing counsel Sanjeev Narula, submitted before the court that Delhi State Legal Service Authority has constituted a panel of seven lawyers including five women for assisting people from the northeast.

"Revised Delhi Victim Compensation Scheme 2015 will be made which will be operated by Delhi State Legal Service Authority. The investigation would be completed in such matters within 30 days and the compensation would be made within 24 hours of passing order. The compensation amount may be raised to Rs 25,000 per person," the report said.

"It further said that DSLSA will extend legal assistance to the needy people from the region. The DSLSA is making all efforts for legal awareness/training for northeastern representatives for NE states," the ASG said.

The Centre's response came in the backdrop of the court's earlier order expressing anguish over continuing incidents of violence against people from the northeast and seeking a report from the government on the steps taken to curb "the menace plaguing the society".

Delhi Police had told the court that a Special Police Unit has been set up to deal with such crimes. The court had taken suo motu cognisance of media reports about the death of Tania, the son of an Arunachal MLA.

Later a PIL was filed in the court after the death of a Manipuri youth in south Delhi on July 20, 2014 after an assault by five persons.

The court was then told that Delhi police will expedite action to synchronise special helpline 1093 with PCR 100.

"The cases of NE people might be referred to the existing fast track courts for early decision so that culprits could be brought to the justice.

"The Delhi government will engage public prosecutor in serious cases on need basis for NE people on the request of Delhi police," the report said.

The communication which was sent to ASG from home ministry also states that "in our education system, northeastern culture may be highlighted, and the contribution made by the people from northeast in the national Movement may also be highlighted.

"The topics on historical movements of the northeast, writers and poets of the northeast etc. should be included in the curriculum.

"A booklet, indicating attractive tourist destination in the northeast may be printed and circulated in the metro cities colleges/universities etc. The tourist destinations may also be advertised in the leading news papers. Feedback may also be obtained from the people who make trips to the tourist places in the northeast," MHA said, adding that this would help in understanding the northeast of India better.

The report said the ministry of information and broadcasting has taken initiative to focus on the northeast and constituted inter-media publicity co-ordination committee on the issue.

In order to address the grievances of the northeast people of higher rent being charged and their eviction without any prior notice, it was suggested that the rent law should be reviewed and amendments need to be made, it said.

"To resolve the wages problem, labour department of Delhi has issued circular wherein directions for making payment to the employees through cheques has been made mandatory in order to check the non-payment of wages.

"Moreover, the working people are encouraged to register themselves as a union for better redressal of their grievances including low wages and job security," ASG told the court.

The ministry of culture has also chalked out a series of activities to be conducted in Delhi and other metropolitan cities in the 2015-16, it added.