5 yrs likely for derogatory remarks against NE people
Centre mulls amending law
Source: The Sangai Express / Press Trust of India
New Delhi, February 16 2015:
Calling people 'Chinese', 'Chinki' or making other derogatory remarks relating to race, culture or physical appearance may land you in jail for up to five years, according to a proposal which the Centre is mulling.
Home Minister Rajnath Singh today said his Ministry is considering the proposal made by a high-level committee that looked into the attacks on people from North East in Delhi and some other parts of the country.
A Bill may be brought for amending the Criminal Law (Amendment) Act 2013 for safety and security of the people of the North East in Delhi and others parts of the country, he said.
"There is no need to bring a standalone law and provisions can be incorporated in the existing statutes through an amendment," he said.
As per the proposal, the Government may add two provisions in the Indian Penal Code by amending the Criminal Law (Amendment) Act 2013 .
The Bezbaruah Committee, in its report, has noted that there was the "most common demand" from people from North Eastern region was to make words like 'Momos', 'Chinkis', 'Chinese', 'Chichi Chu Chu' or any other derogatory remarks relating to race, culture, identity or physical appearances to be made punishable".
It has recommended a provision in Section 153 of the IPC to provide for imprisonment up to five years with a fine to "whoever, by words, either spoken or written or by signs or by visible representations or otherwise attempts or promotes to attempt on the ground of race or place of origin or such other grounds relating to racial features or to racial behaviour and culture or to racial customs or participates in such activity intending to use criminal force or violence..." .
The provision for imprisonment will be there even if any person is "likely to cause fear or alarm or a feeling of insecurity amongst the members of that racial groups" .
The Committee was set up in the wake of killing of Nido Tania, a youth from Arunachal Pradesh, in January last year.
It also suggested insertion of a clause in Section 509 of the IPC to provide for imprisonment of upto three years with a fine if there is "a word, gesture or act intended to insult a member of a particular racial group or of any race or whoever intending to insult any member of a particular or any race for whatever reason or for reason of their place of origin, racial features, behavioural pattern, customs, practices or dresses..." .
It will also apply if anyone "utters any word, makes any sound or gesture or exhibits any object intending to insult or intrudes privacy shall be punished with imprisonment for a term which may extend to three years with fine" .
Amendment of the IPC is under consideration for insertion of new Section 153C and 509A as recommended by the Committee, a Home Ministry official said.
The Law Ministry has given its consent for insertion of the two clauses in the Criminal Law (Amendment) Act 2013 .
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