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Sunday, January 25, 2026

India Must Definitely Now Enact An Anti-Racial Discrimination Law At The Earliest

Posted in: Civil Laws
Tue, Jan 6, 26, 04:31, 3 Weeks ago
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India still lacks an anti-racial discrimination law despite repeated racial violence and judicial neglect in High Court bench distribution.

Centre, Discrimination, And Judicial Neglect

How long will Centre be dead determined never to enact an anti-racial discrimination law in India just like it is dead determined never to create even a single High Court Bench in West UP even though Dr BR Ambedkar recommended separate Statehood for West UP and Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself recommended permanent seat of High Court Bench in West UP about 50 years ago yet not even a Circuit Bench created till date for 30 districts with more than 10 crore population which is more than the population of nearly all the States in India and owes for majority of pending cases in Uttar Pradesh – 63% to be precise as Rajya Sabha MP Dr Laxmikant Vajpayee conceded in Parliament while demanding two High Court Benches for West UP in Meerut and Agra and two other at Gorakhpur and Varanasi but in last nearly 80 years UP has just one Bench at Lucknow in Eastern UP so close to Allahabad High Court where there was no need of Bench and litigants of West UP attached with not even Lucknow but right uptill Allahabad which subjects litigants to travel whole night and half day by train all the way till Allahabad most ridiculously about 700 to 800 km on average from most of the districts?

West UP And High Court Benches

Just recently on 18 August, 2025, we saw fifth High Court Bench in Maharashtra at Kolhapur started functioning with just 6 districts averaging 350 to 380 km from Mumbai High Court but for West UP even as 2026 about to begin we see no High Court Bench just like no Bench for Purvanchal, Bundelkhand, lawless Bihar and Orissa!

Yet Centre is doing nothing to end discrimination perpetrated in distribution of High Court Benches in different regions and different States even after nearly 80 years of independence with only five elite States – Maharashtra, Karnataka, Madhya Pradesh, Assam and West Bengal having multiple High Court Benches without any strong valid reason!

Key Facts Highlighted

  • 30 districts in West UP.
  • Population of more than 10 crore.
  • 63% of pending cases in Uttar Pradesh.
  • Average travel distance of 700 to 800 km to Allahabad.

Focus On Anti-Racial Discrimination Law

In this column, however, I will focus entirely on anti-racial discrimination law not being enacted in India despite so many incidents where promising young lives have been cut short by racism like Loitam Richard, Reinghamphy Awungshi, Akha Salouni, Nido Taniam and now most recently Anjel Chakma!

“We are not Chinese…we are Indians. What certificate should we show.” These were Anjel Chakma’s last desperate words to save himself yet was stabbed most mercilessly on December 9, 2025 in Dehradun where he was doing his MBA at a private university by six merciless assailants and died at prime age of 24 years on December 27 when he succumbed to his grievous injuries inflicted by six assailants in Selaqui area for no fault of his except that he belonged to the North East!

NHRC Intervention

The National Human Rights Commission has issued notices to the government of Uttarakhand seeking a detailed report on the murder of Anjel Chakma who was a native of Machmara in Tripura’s Unakoti district who after completing his graduation from Holy Cross School in Agartala which is capital of Tripura was pursuing his MBA in Dehradun and who was attacked with a knife after he objected to racial slurs hurled at him at a canteen and his brother Michael and was taken to a local hospital where he died on December 26.

NHRC has also issued notices to the DGP and the Chief Secretary of the State of Uttarakhand to look into the matter.

Family And Political Reactions

Anjel’s father Tarun Chakma who is a head constable in the Border Security Force who is currently posted in Manipur said that, “We want justice and I also appeal that no child from Northeast face this.”

Tripura Chief Minister Manik Saha said that he spoke to his Uttarakhand counterpart Pushkar Singh Dhami who has assured him of strict action against the culprits.

Expressing condolence over Anjel’s death, Meghalaya Chief Minister Conrad K Sangma said that such racial violence cannot be tolerated! Absolutely right! No denying or disputing it!

International Obligations And National Failure

It is a matter of deepest regret that although India is a signatory of the International Convention on Elimination of All Forms of Racial Discrimination that was adopted way back in 1965 but we in India even after more than 60 years from 1965 still don’t have an anti-racial discrimination law which is a national disgrace just like West UP and lawless Bihar not having even a single High Court Bench yet Centre cares a damn!

We have been watching how civil society organizations and human rights lawyers have been demanding such a law against racial discrimination since last more than three decades yet alas to no avail till date!

When our penal laws can have provisions for hate crimes against SC/ST individuals then why can’t we have anti-racial laws even when such ghastly crimes are happening in India time and again?

Unanswered Questions To The Centre

Why is Centre dithering in enacting an anti-racial discrimination law just like it is dithering in creating multiple High Court Benches in big States like Rajasthan and UP which have just one High Court Bench each and so also other big States like Bihar and Orissa which have none?

It is truly incomprehensible that why can’t Centre act boldly on this front? What is Centre afraid of?

Lack Of An Anti-Racism Law In India

Very few of us are actually aware that more often than not, it has been observed that when racial crimes are reported to the police by the victims, police say that they have no remedy due to lack of an anti-racism law as has also been pointed out by Ms Angellica Aribam who is founder of Femme First Foundation and a leading author in her enlightening editorial titled “I Am From The Northeast. We Need An Anti-Racism Law” in “The Indian Express” newspaper dated December 31, 2025 in which she has conceded that she also faced severe racist abuse online and when she reached out to the police, the police expressed helplessness saying that they have no remedy due to lack of an anti-racism law!

She also pointed out in this very eye-opening editorial that this discrimination that she witnessed herself was during the Covid period when many northeastern people faced racism across the country and were called “Chinese” and “Corona” and denied access to basic services yet Centre has done absolutely just nothing on this front because their population is much less than that of Scheduled Castes and Scheduled Tribes for whom law was enacted way back in 1989 when my most favourite leader late Mr Rajiv Gandhi was PM!

I am sure that had late Mr Rajiv Gandhi had stayed alive, he definitely would have enacted law on anti-racism on seeing such incidents soaring as he did in case of Scheduled Castes and Scheduled Tribes but most unfortunately we see lack of political will on the part of Centre to so this till date just like no action to create even a single High Court Bench in West UP or Bihar till date! It is high time that Centre takes most prompt action on this as it brooks no more delay any longer now!

Nido Taniam Murder And Bezbaruah Committee

It may be recalled that in the aftermath of the terrifying Nido Taniam murder in New Delhi that was perpetrated in early 2014, the UPA government led by the then PM late Dr Manmohan Singh had even formed the Bezbaruah Committee seeking a report on how to curb such crimes but as he was voted out of power in 2014 itself, we saw no action on ground happening! When will Centre wake up? How long will Centre take to act on this score?

PIL Before Supreme Court On Racial Violence

It is definitely most heartening to note that amidst huge outrage over the gruesome murder of 24-year-old MBA student Anjel Chakma from Tripura allegedly on racial grounds, a public interest litigation (PIL) petition has been filed on December 28, 2025 by learned advocate Mr Anoop Prakash Awasthi in the Supreme Court seeking its urgent judicial intervention to address what the petitioner describes as a continuing constitutional failure to prevent racial discrimination and violence against citizens from the northeastern States and other frontier regions of India.

Awasthi pointed out that the repeated humiliation of north-eastern citizens by being called “Chinese” or “Chinky” is not merely a matter of individual prejudice but it represents a fundamental misunderstanding of India itself and its civilisational and constitutional vision. He also asserted in his petition that it’s a failure of constitutional governance if a citizen has to assert nationality as a defence against violence. All this definitely cannot be taken for granted any longer now!

Constitutional Significance Of The Victim’s Last Words

By the way, the petition by Awasthi also pointed out that, “What renders this incident constitutionally searing are the victim’s reported last words, spoken in a moment of existential desperation: ‘I am Indian…What certificate should we show?’ These words are not merely an expression of personal anguish; they constitute an indictment of the Republic’s failure to make citizenship experientially real for all its people.

When an Indian citizen in the moment before death, feels compelled to assert nationality as a defence against violence, the promise of equality before law stands profoundly compromised. It said Chakma’s question, ‘what certificate should we show’ exposes the pervasive demand placed within our society upon racially distinct Indians to explain their citizenship which is unfortunate as Indianness flows from Constitution, not from public perception or ethnic conformity.

The incident was preceded by racial slurs questioning the victim’s nationality and identity, reflecting a deeply entrenched social trope that citizens from the North-Eastern states are ‘outsiders’ within their own country, a trope which when normalized by silence and institutional indifference escalates from verbal abuse to lethal violence.”

Urgent Need For An Anti-Racial Discrimination Law

In sum, it is high time and India must definitely now enact an anti-racial discrimination law at the earliest. Only then will slogans like “Ek Bharat Shreshtha Bharat” have some meaning in true sense! One fervently hope that the Apex Court also intervenes to frame guidelines to protect people from north-eastern States from racial violence and so also from Jammu and Kashmir and Ladakh as there is vacuum in policy in this regard as pointed out by the petitioner!

Only an anti-racial discrimination law with huge punishment for those who indulge in racial discrimination can serve as a potential deterrent to check racial violence more effectively! It brooks no more delay any longer now! This will also give them what is rightfully theirs which implies the basic protection against violence which is guaranteed to every citizen of this country.

Role Of Education And Awareness

Simultaneously, even in schools and colleges there must be taught chapters on equality and no racial discrimination ever against any citizen of India irrespective of any part of India to which he/she belongs. If this is strictly implemented, only then can we call ourselves truly independent and so also truly civilized! No denying or disputing it!

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut – 250001, Uttar Pradesh.

Legal Services India

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