KARMA DORJEE & ORS versus UNION OF INDIA AND ORS

Monitoring and redressal of racial discrimination faced by citizens from north-eastern states requires not only law enforcement but also fostering sensitivity and inclusion. Union Government obliged to take positive steps, regular monitoring to be carried out by Committee as prescribed.

Parties: Petitioner: Karma Dorjee & Ors; Respondent: Union of India & Ors
Jurisdiction: India
Judgment Date: 14 December 2016
Procedural Posture: Writ Petition (civil) / Disposition After Hearing
Outcome: Writ petitions disposed of.
Legal Topics: Racial Discrimination, Public Interest Litigation, Article 32, Fundamental Rights, Law Enforcement

Human Rights Constitutional Law Criminal Law Racial Discrimination Public Interest Litigation Article 32 Fundamental Rights Law Enforcement

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Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2

Parties

Karma Dorjee & Ors

Petitioner

Union of India & Ors

Respondent

Procedural Posture

Writ Petition (civil) / Disposition After Hearing

Legal Issues

1 Whether mandamus can be issued to Union and States to formulate a mechanism to deal with racial atrocities against people from the North-Eastern States
2 Whether a mandamus can direct amendment of law to address racial matters
3 Obligation of India as a signatory to CERD to eliminate racial discrimination

Ratio Decidendi

Court Disposition

Writ petitions disposed of.

Orders

Union Ministry of Home Affairs to establish a regular Monitoring and Redressal Committee for racial discrimination faced by citizens from north-eastern States.
Committee shall comprise Joint Secretary (North-east), MHA, and two other members (one a public figure) nominated by Union Government.