Is There Justice for the Tripura Student’s Death in Dehradun?
Synopsis
Key Takeaways
New Delhi, Dec 29 (NationPress) In the aftermath of a horrific attack leading to the death of a Tripura student in Dehradun, Uttarakhand, a public interest litigation (PIL) has been submitted to the Supreme Court, demanding swift judicial action to tackle the ongoing constitutional failure in addressing racially charged violence against individuals from the North-Eastern states.
The PIL, filed pursuant to Article 32 of the Constitution, highlights the tragic demise of Angel Chakma, who passed away on December 26 from severe injuries inflicted during a violent incident earlier this month in the Selaqui region of Dehradun.
A final-year MBA student enrolled at a university in Uttarakhand, Chakma was reportedly assaulted in a racially motivated attack on December 9. According to a complaint filed by his brother, Michael Chakma, the two siblings were confronted by a group of intoxicated youths, leading to a disagreement that quickly escalated into violence.
During the attack, the assailants allegedly unleashed racial slurs before attacking the brothers with sharp weapons. Angel sustained numerous stab wounds, including critical injuries to his neck and abdomen, necessitating his admittance to the intensive care unit at Graphic Era Hospital, where he ultimately succumbed to his injuries.
In reference to the incident, the petition recounted Chakma’s poignant last statement during the altercation: “We are not Chinese… We are Indians. What certificate should we show to prove that?” The PIL emphasized that these words tragically became his final declaration of constitutional identity before the violence took a deadly turn.
The petition argued that despite the evident hate-fueled and racial motivations, such crimes are often treated as “ordinary offenses,” resulting in the dilution of their constitutional significance. “There is a lack of mechanisms in the initial criminal justice system to classify racial crimes as distinct constitutional violations,” the petition noted, perpetuating a cycle of impunity.
By referencing past incidents, including the 2014 death of Nido Taniam, the plea asserted that the murder of Angel Chakma is not an isolated case but rather a continuation of a persistent pattern of racial violence against North-Eastern citizens, a trend acknowledged by the Union government in parliamentary discussions.
The petition further pointed out that even with the introduction of the Bharatiya Nyaya Sanhita, 2023, and the Bharatiya Nagarik Suraksha Sanhita, 2023, there remains a lack of statutory recognition for hate or racial crimes, no mandatory documentation of bias motivation at the FIR stage, and no specialized mechanisms for investigation or victim protection.
This ongoing racially motivated violence undermines Articles 14, 15, 19, and 21 of the Constitution, striking at the constitutional value of fraternity as outlined in the Preamble.
The PIL has called for the establishment of authoritative guidelines that recognize racially motivated violence as a distinct constitutional offense, ensuring the protection of dignity, equality, and fraternity for all citizens.
In light of the incident, Uttarakhand Chief Minister Pushkar Singh Dhami expressed his condolences to the victim’s family and promised decisive action against those responsible. As per an official statement, five suspects have already been apprehended, while another suspect is believed to have fled to Nepal, prompting the announcement of a reward for information leading to their capture.
CM Dhami conveyed his personal sorrow over the incident, assuring that the state government would pursue strict penalties for the offenders. He has also been in communication with Tripura Chief Minister Manik Saha, Union Home Minister Amit Shah, and Defence Minister Rajnath Singh regarding the matter, reiterating the Uttarakhand government's commitment to support the victim's family in any way possible.