The committee headed by retired bureaucrat M P Bezbaruah, which was set up be the Home Ministry after the death of Nido Tania, a student from Arunachal Pradesh in January in the Capital, said in the short-term either a new law should be promulgated or IPC should be amended making the offence cognizable and non-bailable.
“We felt that within the broad framework of our Constitution the legal, strategic and philosophical aspects of the demand of an anti-racial law should be debated and in the long run a suitable decision should be taken,” the committee said in its report.
It, however, said since the issues related to anti-racial law were very wide and needed “very detailed examination” and the committee did “not have the expertise nor time to go in depth”, it did not come out with a firm view. However, it said: “We are of the firm opinion that government should ensure that any crime of racial nature is viewed very seriously. Recognition of the problems of racial discrimination in all its dimensions should be an essential part of the political discourse in a democratic system like India.”
In order to address the immediate concerns over rising instances of attack on people from the region in metros, specially in Delhi, the report said either a new law should be promulgated as directed by the Delhi High Court in February or the IPC should be amended “in that order of preference”.
The Delhi High Court had stated that the Centre should give thought to the possibility of bringing a legislation for preventing natives of a state from harassing in any manner migrants from any other Indian states or from indulging in hate crimes against them.
“Whatever legislation is decided upon,” the report said should make such offence cognisable and non-bailable and the investigation of the FIR should be completed compulsorily in 60 days by a special squad, investigated by a police officer not below the rank of Deputy SP/ACP.
“A special prosecutor should be appointed to handle all such cases and the trial should be completed in 90 days,” it added.
Calling for fast track courts for handling of cases relating to the North East people, particularly those which are racially motivated and crimes against women and children from the region, the report said: “It has also been felt that justice to be effective needs to be dispensed promptly.
Source: The Shillong Times
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