Topic: Racial discrimination to North East people in Bangalore criminal case studies.

Research question: why there is racial discrimination to North-East people in Bangalore; at what stage the discrimination has happened in legal system; it is in FIR stage, investigation stage, filing cases or trail system?

 

Introduction: Every Indian is equal before the law of the land and I believe in equity and justice; however, I find out many evidence of racial discrimination against North-East people by fellow citizen in many part of the city. North-East people are mongoloid race and they are different from other Indian state in many ways but the beauty of India lies in its diversity. In Indian constitution, every citizen is equal before the law; but why the North-East people have been treating like a second class citizen because they belong to Mongoloid? Did the law give equal right to all citizen including North-East people is a thousand mile question in reality? As I know, we the North east people are facing racial discrimination in every major city of India including Bangalore city; however, the law protects every citizen of India equally. I find two major problems for this case: Firstly, every citizen didn’t accept that every Indian citizen is equal before the law of the land. Secondly, those people who didn’t accept that everyone is equal before the law of the land committed crime against North-East people but the concern authority who enforce the law of the land can’t give justice based on the law of the land. Thereby, the North-East Indians in Bangalore are feeling insecure but in reality, they are not aliens in their own country. Then what make them so aliens by racially discriminating them for being North East? I have done a research on this issue and I meet many victims, police and various offices.  I will discuss in more detail; how I feel that the discrimination is exist and if it existed then at what stage; it is in FIR stage, Investigation stage, Filing charge sheet or trail process.

Literature Review:

I have read many article and related pieces on racial discrimination to North-East people: Mr. Sira Kharay (Advocate Delhi High Court) wrote an article on “Racist apartheid and the Mongoloid Northeast” at E-Pao, Imphal based online newspaper. He place his argument are based on his experience as a student coordinator of Delhi; according to him, North-East people belong to Mongoloid and most of them are tribal group as well as economically backward group and this is the main reason for discrimination. He added, North-East people were discriminated in every major cities of Indian mostly by those people who didn’t know that Mongoloid look North-East are Indian but most of people discriminate us knowingly. However, the concern authority sometime takes proper action to accuse but most of the time they fail to do so. I strongly agree with him because, most of the time there is discrimination to the North-East people in every major cities but the concern authority (Police and Judges) didn’t take it seriously and they didn’t punish the accused nor bring justice to the victim. North-East people are economically depriving group, for this reason they can’t hire good lawyer; justice and fairness is difficult for them in their home town and outside the North-East state. This was discussed by Mr. Sanjib Baruah on his article, “Protective Discrimination and Crises of Citizenship in Nort East India” at Economic and Political weekly (2013). I agree with Sanjib buruah because Justice and fairness is difficult for political and economic reason in the northeast state and outside the state. For this reason most of the people come to cities for search of Job and studies; however, they were deprive, justice and fairness is not visible for North-East people.

The Right to Life of the many North-East people were threaten in many incident; some were murder (Richard Liothem) and some were escape (Thotningkhan) from attempt to murder where the concern authority can’t interpret the Article 21 of Indian constitution guaranteed for Right to life. It is discuss by Riya Jain, UILS Panjab University on the article of “Article 21 of the constitution of Indian- Right to life and personal liberty” she articulate like a lawyer, and she interpret the article 21 of the constitution in details. But I didn’t find that law applied to every citizen of India in practical but in theory the article 21 covered including to North-East people.  Because the main problem is that some citizen are not abide the law and on the other hand, authority has fails to bring justice when crime happen to North-East people.

 

Research method: I use both Primary and Secondary data but mostly Primary data which was collected through questionnaire method:

Questionnaire: Most of my data are primary data;

  1. Chingmi Jajo 24 years old, he was attack and badly bitten up by the group of people. He calls his friend for help, and they went to the Koromangla Police station for police complain but the police refuse to register FIR. Police said to them to away from here and they speak in their local dialect. So, they went to the Adugodi police station and filed FIR.

According to him, there is discrimination in the stage of FIR, because he was denied to register FIR in the Koromangla police station and added, the police didn’t conducted proper investigations his cases. He went back to his home town because he said that he feel insecure staying in Bangalore.

I went to the North-East Solidarity and police station; talk to the police inspector about the case; the inspector said that they follow the rules and they do what they have to do.

  1. Rocky Haokip 32 years old, face racial discrimination; he said that the incident happen in the evening at Kothanur Bangalore. He was with Micheal Lamjathang Haokip and Ngamkholen Haokip, they were stop by group of people; those local people asked them to speak kanada but when Michal Haokip reply to them that they can’t speak! Then the local youth said that if you are in Bangalore, you should speak Kanada; and start punching and kicking them and they were badly bitten by a group of people. They register FIR in kathanur police station, the police arrested three youth but all of them were release on bail.

According to Mr. Rocky Haokip, they were bitten up badly and all three of them were hospitalized but the authority never takes it seriously. They (Accuse) were arrested but release after an hour’s which is mocking to Indian Judiciary system.

I talk with NEWAK President Akho Resu and I went to the Kothanur Police Station; I speak to the Police Inspector, he said that the case is under trail and he can’t give any document without the permission of DCP. So, we have a formal conversation regarding their cases; the police said that those who attack to Rocky Haokip and friends are local Kunda, he added the case is under trail.

  1. Thotningkhan 22 years old, he stays in the Passport office Koromanla. The incident happen when he come back from the worship; two man stop him and start stepping with knifes. So, he was trying to escape but he was step from the back side and he fell down. He cries for help and some local people including woman come and help him. He was taking to the hospital and the FIR was register. The police arrested accuse within 48 hours and produce in the magistrate court.

According to Mr. Thotningkhan, they were refused to register FIR by police in the beginning.  At last the FIR was register and he can’t hire lawyer

I went to the police station with Mr. Shangreiyo President of Student union who registered FIR for Thotningkhan. I speak to the police Inspector; he said we did our part. He added once the FIR is registered we proceed the investigation, arrest and filing charge sheet, produce to the court.

  1. Mr. Chumdemo Shitio 43 years old, were abused by three people in Doddabelavengala Bangalore; he said, it was Saturday afternoon, they gone on a drive to Nrithyagram. Four men assaulting and racially abusing to the couple, they said that “what are you doing in our country?” He was with his wife; the men started abusing to the couple, they snack his wife umbrella and started hitting to Chumdemo. When his wife Merin intervenes, she too was slapped and she fall down. They register FIR to Doddabelavengala Police station and the police arrested four people name: Harish (27), Mahesh (27), Rathan (31) and Ananth (30).

According to Mr. Chumdemo Shitio, there was discrimination in the FIR stage in his experience; when they tried to filing a police complaint at Soladevanahalli police Station but they were asked to go elsewhere. So, he said that he call to V.S. D’Souza, the nodal officer dealing crime against people from the North East. At last they register FIR in another police station; he said that there is discrimination in FIR stage and Filling Charge sheet in legal system.

  1. I have traced the case of Mr. Richard Loitammurder case; In May 2012 Mr. Richard has murder and there was a huge cry for justice. I have talk to the family’s members and his friends. When I talk with families’ member and police, they said they those accused were arrested but release on bail. Mr. Richard mother is a doctor in Imphal, she feel that there is discrimination and biasness in the court decision and they are not happy with the court decision.

 

Data analysis:

I have collected all the necessary information from the victim, taking interview with inspector in different police station and had a conversation with DCP, ADP and other organization leaders.

Firstly, some citizens neither accept nor respect the law of the land which lied down in “Fundamental Right and Indian constitution”. Example: The accused of Thotningkhan case is habitual offender and he admitted the crime before the police. Accused said to police, they can escape from the crime against North-East people because they see him as outsider. They thought that they can kill him and escape from the spot. He has been stabbed by knife from the back side by two people; and the police refuse to register FIR until the police inspector intervenes.

Secondly, in most of the cases; the police were refusing to register FIR.  I come to know from my research that there is discrimination in FIR stage.  I have personally met to Mr. Thotningkhan and other victims; I listens the entire incident that took place. According to the data I receive; four of them faces problem in filing FIR stage, police refuse to register FIR for North-East people cases. I realized that there is discrimination very much existed in FIR stage at Police station.

Thirdly, investigations process: The case of Mr. Richard Liothem murder case in May 2012; the police report that he has died in road incident in their report. My question is, how did they conduct the first investigations when the report changes after the families’, Human Right Activist and Political party intervene in for this case? How it can be natural dead when Richard has several head, chest and other part injuries and why the two students run away from their hostel after he was killed? When the group of people cries for justice the second police report changes from natural death to murder but why don’t they come up with truth in the first report? The police try to cover-up the crime against North-East people committed by some people. I feel that there is discrimination in investigations stage for this case. I personally feel, the parliament should pass anti-racial discrimination Act. or law  in the earliest.

 

Discussion:

I claim that there is discrimination against North-East even in legal system; I recall the CNN IBN opinion pull on Dec 06 2014 at New Delhi, “Racial Discrimination against North-East people a reality: survey -54 percent people from North-East feel that discrimination is reality and 74 percent felt that Delhi is the most unsafe, a survey report revealed.” I have take formal interview to DCP, ACP and Police inspector but they are not cooperating to my research. However, I move forward with the same question, discrimination against to North-east people exist in the legal system? I find out that there is discrimination in FIR stage and there were exceptional to discriminate in legal system apart that stage.   From the literature review on racial discrimination and the field report can discus in more details.

Firstly, I will discuss how the discrimination against to North-East people happens in legal system: I want to refer Article 21 read as: “No person shall be deprived of his life or personal liberty except according to a procedure established by law” and this article has clearly discuss by Riya Jain, according to Riya it cover for all citizen of India. However, is this theory applied in practical is doubtful when it come for North-East people. It is clear that the North-East people face much discrimination but only few were punish under the law of the land. Because most of the victim registers FIR but they never appear to court for witness when call by the court. That is not the mistake from the authority.  However, I find that discrimination is happening mostly in FIR stage.

Secondly, what is the nature of issue being analyzed on the racial discrimination to North East people in Bangalore? Many North-East people were discriminated on the basis of race, region, and religion, language, skin and so forth. The discrimination to North-East people is a reality; Call North East people Chinky jail for five year. “The Ministry of Home Affairs has asked all state and Union Territories to book anyone who commits an act of atrocity against people from the region under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act” –The Time of Indian (June 06, 2012). However, I doubt that this is the right step to stop racism.

Thirdly, what is the evidence data support is needed based on my research?

Example 1: There are many cases were not register FIR. Miss Chon-Chon 43 resident of Koromangla was driving Active, she was hit by Mercedes from behind and those who are in the Mercedes scolded and abuse her that “don’t you know Indian traffic rule and asking which country she is from?” but she didn’t contact to any authority.

Example 2: Mr. Thotningkhan case was refuse to registered FIR in the beginning.  I have read the FIR copies; it charges by attempt to murder. According to police inspector, “Within 48 hours two of them were arrested by the police and brought to Magistrate Court. They admitted the crime, and one of them was sent to Agrahara Bangalore Central Jail and other has kept in Minor Welfare Rehabilitation.

Example 3: Mr. Richard Loithem murder case, the cases have been filed against Mr. Syed Afzal Ali from Chattisgarh and Mr. Visal Bannerjee from West Bengal under Section 302 (Murder) and Section 323 (Voluntarily causing hurt) of the IPC. There are many evidences that he has been murder; however, both of them release on bail. They might be a student or may have exam but they should be responsible for their crime. Richard’ families are unhappy with the court decision and from this case I remember once Aristotle said, “At his best, man is the noblest of all animals; separated from law and justice he is the worst”. I wonder why the parliament can’t do nothing when many North-East people were discriminating and Indian judiciary can’t defense against racist violence.

 

Conclusion: I believe in unity and divert and real beauty of India in it diversity; I equally respect all citizen of India and human being equally. However, Many North-East people have experienced of racially discriminating because they belong to Mongoloid race and they are the minority in India. There are many crimes against North-East people in many cities including Bangalore.

I pick up five cases that has happen in Bangalore are as under:

  1. Thotningkhan case (2016): attempt to murder; in this case the discrimination is happen in FIR stage
  2. Richard Loithem cases (2012): Murder; in this case the discrimination is happen in Investigations and trail process.
  3. Mr. Chumdemo Shitio case (2015): Assaulting and abused; in this case the discrimination is happen in FIR stage and trail process.
  4. Chingmi Jajo case (2014): attempt to murder; In this case the discrimination is happening in FIR state and investigations process.
  5. Rocky Kipgen cases (2014): In this case the discrimination is happen in investigations and trail process.

From all the above cases I studied, I find that most of the discrimination is in the FIR stage, investigations and trail process. I find that there are many citizens who didn’t accept the equality and fundamental right mention in the Indian constitution. On the other hand the authority who interpreted the constitution has failed to translate the constitutional theory into practical. Time and again Northest people have been abuse and harass in Bangalore in deferent occasion but judiciary is lethargic and unimaginative on these issues. Who knows it may still take a decade or a century or may never enact anti-racist law.

Lastly, I find that discrimination to North-East people has been happening even in legal system. Example: In FIR stage, Investigation stage, and Trail process. I want the parliament to enact anti-Racial Discrimination law to protect North-East people from racial discrimination.

 

References:

  1. http://www.epw.in/journal/2003/17/commentary/protective-discrimination-and-crisis-citizenship-north-east-india.html
  2. http://e-pao.net/epSubPageExtractor.asp?src=news_section.opinions.Opinion_on_Racial_Discrimination.Racist_Apartheid_and_the_Mongoloid_Northeast_By_Sira_Kharay
  3. http://www.telegraphindia.com/1091030/jsp/northeast/story_11675724.jsp
  4. https://www.facebook.com/northeastindiaworld/posts/295053510689064
  5. http://www.ibnlive.com/news/india/discrimination-against-northeast-people-a-reality-survey-729958.html
  6. http://timesofindia.indiatimes.com/life-style/people/Call-a-Northeastern-Chinki-be-jailed-for-5-yrs/articleshow/13848316.cms
  7. http://www.thehindu.com/news/cities/bangalore/the-loitam-case-was-just-a-trigger/article3396513.ece
  8. http://www.thehindu.com/news/cities/bangalore/the-loitam-case-was-just-a-trigger/article3396513.ece
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