The Bezbaruah Committee: Relevance in Corona Times

Aniruddha Bora:

Every year, thousands of young people from the Northeast migrate to New Delhi and other cities in search of jobs and education. But more often than not they have to experience the word ‘Chinki’ in their ears.

Racism is like an invisible wound, often difficult for the victims to articulate the experience in the language of law. United Nations defines racism as a “theory of race hierarchy which argues that the superior race should be preserved and should dominate the others. Racism can also be an unfair attitude towards another ethnic group. Finally, racism also can be defined as a violent hostility against a social group."

North eastern states face huge unemployment problems leaving no other option left for the youth, but to migrate to the metros or bigger cities in search of livelihood and economic sustenance, but obviously not in search of racist slurs. The incidents of racism with the emergence of CoViD-19 pandemic seems to be a continuity and manifestation of the already existing racism towards indigenous people from North Eastern States. This continuity and manifestation have been undergoing in India which was an outspoken critic of apartheid (the white nationalist’s government’s anti-black policy of separateness) and racial discrimination in South Africa.

After the emergence of the recent pandemic, the magnitude at which north eastern people are facing upsurge of racism is immensely worrisome. A New Delhi based organisation, Rights and Risks Analysis Group, had brought out a report documenting the harassment that people from the North East India are facing during the pandemic. The report, called Coronavirus Pandemic: India’s  Mongoloid Looking People Face upsurge of Racism, documents 22 reported cases of hate and racial discrimination between February 7 and March 25.

The cases reported so far on the ground that people from North East could be potential carrier of coronavirus for bearing Mongoloid features. The most recent racial attack which has been reported and circulated over social media is towards some NE girls in Goa. The National Commission for Women has raised their concern over this incident and has also claimed that the police did not file any complaint and instead threatened them to stop registering a complaint.

The question arises- Is racism towards North Eastern People Normalised in the eyes of law?. But one should remember that this pandemic is not the only situation where people from NE are facing racism, as already mentioned it is a continuity and manifestation of the already existing racism. To look into the concerns of the North Eastern People living in other parts of the country a committee known as the Bezbaruah Committee headed by M.P. Bezbaruah, Member, North Eastern Council was set up in February 2014 after the death of Nido Taniya. Bezbaruah’s report among many other recommendations had also recommended for suitable legal/legislative measures, quick action by law enforcement agencies and guidance to the people wherever they are. The report also cited that concerns of the people from the North East and incidents involving them cannot be viewed in isolation of the conditions and situations that prevail in the various cosmopolitan metros of India.

The report also clearly mentioned about the cultural conflict as well as the wrong perception towards the people from North East. It also mentioned that a very large section of the people that the committee interacted with and very large number of people surveyed in the studies reported that verbal abuse, taunt and teasing because of their appearances was a common experience. Many Indians had protested against the apartheid rule and had occupied positions of power in post- apartheid rule. But in India, this committee was set up after 18 years of the end of the apartheid rule, and in ground the implementation of its recommendations is yet to be actualised which is evident from the Goan Incident. The report documented various kinds of concern of the people from the North East which included a) Sense of insecurity and vulnerability b) Cultural conflict and wrong perception c) Discrimination in daily life d) Verbal abuse and racial comments and violence e) Dissemination and Harassment at workplace e) Discrimination and Apathy of the Law Enforcing Agencies. The two key recommendations of the report were-

Legal Measures- Either a new law should be promulgated as directed by the High Court of Delhi or the Indian Penal Code should be amended (but as a second alternative). The offence should be cognizable and non-bailable. The investigation of the FIR should be completed in 60 days by a special squad and investigated by a police officer not below the rank of deputy SP or ACP. A special prosecutor should be appointed to handle all such cases of atrocities. And the trial should be completed in 90 days.

Strengthening Law Enforcement Agencies- The committee suggested for a process of comprehensive and computerised data base for keeping track of the people from North East. The committee’s report mentioned that one of the main reason for the number of cases not being in tune with the extent of the problem as widely reported is the difficulty in lodging the FIR. https://www.mha.gov.in/sites/default/files/filefield_paths/ReportOfMPBezbaruahCommittee.PDF

As per a news published in Business Standard, the home Ministry had reviewed the progress on the implementation of the M P Bezbaruah Committee report. Union Minister from Arunachal Pradesh, Kiren Rijiju had chaired the meeting and had expressed his satisfaction over the steps being taken by different ministries for implementing the report.

In December, 2016 a bench comprising of Justice T.S Thakur and Justices D.Y Chandrachud and L. Nageswara had asked the centre to form a nodal agency to look into the grievances of the north eastern community.

However in October 2018, the Supreme court has expressed its displeasure after learning that the committee constituted as per the recommendations of M.K Bezbaruah Committee had met only three times in the last four years.

This existing racism has to be understood in its roots questioning the privileges and biases and most importantly racism in all spheres.

The key to end this racism not only during this pandemic but as a whole is by forming actions based on understanding the various beliefs encompassing racism which sys-thematize and perpetuate an unequal distribution of power.

The legal vacuum against the need of a law against racism needs to be fulfilled at the earliest. This pandemic has taught us and made us aware on the need of promulgation of a law dealing exclusively with racism and making such offences cognizable and non bailable. It is the time where Indian state as well as the people of India realise that it is a serious problem and this will lead to the othering of North Eastern People more and more.

Aniruddha Bora- The Writer Completed his M.A in Social Work from Tata Institute of Social Sciences, Mumbai and IS presently working with Public Health Resource Network, Odisha

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