Month 2006CountryName
Country of Origin Information Report
India
October 2006
RDS-IND
Country of Origin Information Service
1
Disclaimer: “This country of origin information report contains the most up-to-date publicly available information as
at 1 July 2005. Older source material has been included where it contains relevant information not available
in more recent documents.”
30 October 2006India
Contents
Preface
Latest News
Eventsinindia, 1 October –27 October 2006
Reports onindia published or accessed since 1October 2006
Paragraphs
Background Information
Geography...... 1.01
Map...... 1.06
Economy...... 2.01
History...... 3.01
Recent Developments...... 4.01
Constitution...... 5.01
Political System...... 6.01
Human Rights
Introduction...... 7.01
Security Forces...... 8.01
Police...... 8.01
Arbitrary Arrest and Detention...... 8.04
Torture...... 8.06
Extra-Judicial Killings...... 8.10
ArmedForces...... 8.11
Arbitrary Arrest and Detention...... 8.17
Torture...... 8.19
Extra-Judicial Killings...... 8.21
Other Government Forces...... 8.24
Avenues of Complaint...... 8.26
Military Service...... 9.01
Abuses by Non-Government Armed Forces...... 10.01
Torture...... 10.07
Judiciary...... 11.01
Organisation...... 11.01
High Court...... 11.05
Fast TrackCourts...... 11.07
Lok Adalats...... 11.09
Independence...... 11.11
FairTrial...... 11.12
Provision of legal aid...... 11.21
Penal Code...... 11.22
Code of Criminal Procedure...... 11.25
Arrest and Detention – Legal Rights...... 12.01
Armed Forces Special Powers Act (AFSPA)...... 12.05
Prison Conditions...... 13.01
Death Penalty...... 14.01
Political Affiliation...... 15.01
Freedom of Political Expression...... 15.01
Freedom of Association and Assembly...... 15.02
Opposition Groups and Political Activists...... 15.08
Freedom of Speechand Media...... 16.01
Human Rights Institutions, Organisations and Activists...... 17.01
Corruption...... 18.01
FreedomofReligion...... 19.01
Interreligiousmarriages...... 19.08
Religious tension...... 19.10
Religiousconversion...... 19.24
Muslims...... 19.43
Ayodhyamosque...... 19.43
Gujarat riots 2002 godhra train incident...... 19.45
BilqisYakoob Rassool...... 19.61
Best bakery case...... 19.63
Other incidents...... 19.74
Christians...... 19.79
Sikhs and the Punjab...... 19.105
Sikhreligion and historical background...... 19.105
Militant violence in Punjab...... 19.120
Human rights concerns in Punjab...... 19.130
Methods of ill treatment...... 19.141
Prosecutionof security force personnel...... 19.144
Punjab state human rights commission...... 19.151
Committee for coordination on disappearances in Punjab
(CCDP)...... 19.155
People’s commission on human rights...... 19.158
NanavatiCommission...... 19.159
Current situation in Punjab...... 19.163
Internal relocation for Sikhs...... 19.172
Buddhists and Zoroastrians...... 19.182
Ethnic Groups...... 20.01
Lesbian, Gay,Bisexual and Transgender Persons...... 21.01
Disability...... 22.01
Women...... 23.01
Overview
LegalRights...... 23.11
Political Rights...... 23.19
Women inpolitics...... 23.19
Women inthe workplace...... 23.25
Gender Imbalance...... 23.28
Marriage...... 23.38
Childmarriage...... 23.49
Domesticviolence...... 23.52
Dowry...... 23.64
Socialand Economic Rights...... 23.75
Gender discrimination...... 23.75
Violenceagainst Women...... 23.78
Societal violence...... 23.78
Sati...... 23.88
Rape...... 23.90
Organisations offering assistance to women...... 23.104
Children...... 24.01
BasicInformation...... 24.01
Education...... 24.38
Child Care...... 24.40
HealthIssues...... 24.45
Children born ofinter-caste marriages...... 24.46
Trafficking...... 25.01
Medical Issues...... 26.01
Overview of Availability of Medical Treatment and Drugs....26.01
HIV/AIDS – Anti-Retroviral Treatment...... 26.15
Cancer Treatment...... 26.29
Kidney Dialysis...... 26.35
Mental Health...... 26.36
Humanitarian Issues...... 27.01
Freedom of Movement...... 28.01
Internally Displaced People (IDPs)...... 29.01
ForeignRefugees...... 30.01
Citizenshipand Nationality...... 31.01
Employment Rights...... 32.01
Annexes
Annex A – Chronology of Major Events
Annex B – Political Organisations
AnnexC – Political Make-up and Summary of Election results
Annex D –Prominent People Past and Present
AnnexE –List of Abbreviations
Annex F – References to Source Material
1
This Country of Origin Information Report contains the most up-to-date publicly available information as at 30 October 2006.
Older source material has been included where it contains relevant information not available in more recent documents.
30 October 2006India
Preface
i This Country of Origin Information Report (COI Report) has been produced by Research Development and Statistics (RDS), Home Office, for use by officials involved in the asylum/human rights determination process. The Report provides general background information about the issues most commonly raised in asylum/human rights claims made in the United Kingdom. The main body of the report includes information available up to 30 September 2006. The ‘latest news’ section contains further brief information on events and reports accessed from 1 October 2006 to 27 October 2006.
ii The Report is compiled wholly from material produced by a wide range of recognised external information sources and does not contain any Home Office opinion or policy. All information in the Report is attributed, throughout the text, to the original source material, which is made available to those working in the asylum/human rights determination process.
iii The Report aims to provide a brief summary of the source material identified, focusing on the main issues raised in asylum and human rights applications. It is not intended to be a detailed or comprehensive survey. For a more detailed account, the relevant source documents should be examined directly.
iv The structure and format of the COI Report reflects the way it is used by Home Office caseworkers and appeals presenting officers, who require quick electronic access to information on specific issues and use the contents page to go directly to the subject required. Key issues are usually covered in some depth within a dedicated section, but may also be referred to briefly in several other sections. Some repetition is therefore inherent in the structure of the Report.
v The information included in this COI Report is limited to that which can be identified from source documents. While every effort is made to cover all relevant aspects of a particular topic, it is not always possible to obtain the information concerned. For this reason, it is important to note that information included in the Report should not be taken to imply anything beyond what is actually stated. For example, if it is stated that a particular law has been passed, this should not be taken to imply that it has been effectively implemented unless stated.
vi As noted above, the Report is a collation of material produced by a number of reliable information sources. In compiling the Report, no attempt has been made to resolve discrepancies between information provided in different source documents. For example, different source documents often contain different versions of names and spellings of individuals, places and political parties etc. COI Reports do not aim to bring consistency of spelling, but to reflect faithfully the spellings used in the original source documents. Similarly, figures given in different source documents sometimes vary and these are simply quoted as per the original text. The term ‘sic’ has been used in this document only to denote incorrect spellings or typographical errors in quoted text; its use is not intended to imply any comment on the content of the material.
vii The Report is based substantially upon source documents issued during the previous two years. However, some older source documents may have been included because they contain relevant information not available in more recent documents. All sources contain information considered relevant at the time this Report was issued.
viii This COI Report and the accompanying source material are public documents. All COI Reports are published on the RDS section of the Home Office website and the great majority of the source material for the Report is readily available in the public domain. Where the source documents identified in the Report are available in electronic form, the relevant web link has been included, together with the date that the link was accessed. Copies of less accessible source documents, such as those provided by government offices or subscription services, are available from the Home Office upon request.
ix COI Reports are published every six months on the top 20 asylum producing countries and on those countries for which there is deemed to be a specific operational need. Inevitably, information contained in COI Reports is sometimes overtaken by events that occur between publication dates. Home Office officials are informed of any significant changes in country conditions by means of Country of Origin Information Bulletins, which are also published on the RDS website. They also have constant access to an information request service for specific enquiries.
xIn producing this COI Report, the Home Office has sought to provide an accurate, balanced summary of the available source material. Any comments regarding this Report or suggestions for additional source material are very welcome and should be submitted to the Home Office as below.
Country of Origin Information Service
Home Office
Apollo House
36 Wellesley Road
Croydon CR9 3RR
United Kingdom
Email:
Website:
Advisory Panel on Country Information
xi The independent Advisory Panel on Country Information was established under the Nationality, Immigration and Asylum Act 2002 to make recommendations to the Home Secretary about the content of the Home Office’s country of origin information material. The Advisory Panel welcomes all feedback on the Home Office’s COI Reports and other country of origin information material. Information about the Panel’s work can be found on its website at
xii It is not the function of the Advisory Panel to endorse any Home Office material or procedures. In the course of its work, the Advisory Panel directly reviews the content of selected individual Home Office COI Reports, but neither the fact that such a review has been undertaken, nor any comments made, should be taken to imply endorsement of the material. Some of the material examined by the Panel relates to countries designated or proposed for designation for the Non-Suspensive Appeals (NSA) list. In such cases, the Panel’s work should not be taken to imply any endorsement of the decision or proposal to designate a particular country for NSA, nor of the NSA process itself.
Advisory Panel on Country Information
PO Box 1539
Croydon CR9 3WR
United Kingdom
Email:
Website:
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Latest News
Events in India, 1 October 2006 to 27 October 2006
26 OctoberLandmark new law on domestic violence comes into effect in India, protecting women from domestic violence and banning harassment by dowry demands, giving magistrates sweeping powers to issue protection orders where needed.
BBC News: 26 October 2006
Date accessed 26 October 2006
19 OctoberA man facing execution for his part in an attack on the Indian Parliament in 2001 wants clemency.
BBC News: Delhi raid plotter wants clemency, 19 October 2006
Date accessed 19 October 2006
17 OctoberDelhi High Court ordered the re-trial of Santosh Singh, previously acquitted in 1999 of the rape and murder of a law student. The case was put on fast-track; a guilty verdict was reached after 12 days of hearings.
BBC News: Justice delayed, but not denied,17 October 2006
Date accessed 18 October 2006
16 OctoberClemency bid for Kashmiri man facing execution; riots followed court ruling over the attack on parliament.
Guardian Unlimited: ‘You want to hang him? Go ahead; India will be in flames.’
Date accessed 19 October 2006
13 OctoberMassive arms cache found inCalcutta by Indian Army.
BBC News: Massive arms cache found in India, 13 October 2006
Date accessed 19 October 2006
11 OctoberIndian human rights lawyer and founder of the Association of Parents of Disappeared Persons prevented from leaving his country to receive an international prize in France.
OMCT Programme human right defenders, India: Mr Parvez Imroz prevented from leaving his country to receive an international prize in France.
Date accessed 19 October 2006
10 OctoberThe CBI launches a formal inquiry against a former defence minister, in a corruption case.
BBC News: India probe names former minister10 October 2006
Date accessed 19 October 2006
Seven men retracted their confessions, regarding the Mumbai bombings.
BBC News: Bomb suspects retract confessions, 10 October 2006
Date accessed 19 October 2006
A new law banned children under 14 from working on food stalls or as domestic servants.
BBC News: India tightens child labour laws
Date accessed 19 October 2006
5 OctoberTwo militants killed in Kashmir.
BBC News: Troops end Srinagar hotel siege,5 October 2006
Date accessed 19 October 2006
4 OctoberUpdate on the Naxal conflict in India; killings down, armamentup.
ACHR Weekly Review 135/06,4 October 2006
Date accessed 19 October 2006
Activists stage a 12-hour stoppage in Karnataka over a regional border dispute, resulting in the closure of offices, schools and government sites.
BBC News: 4 October 2006
Date accessed 19 October 2006
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Reports on India published or accessed since 1 October 2006
Foreign and Commonwealth Office
Human Rights annual report 2006, published 12 October 2006
Date accessed 19 October 2006
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Background Information
Geography
1.01Europa World Regional Surveys of the World, South Asia 2005, documents that the Republic of India is one of the largest countries in the world, with an area of 3,287,263 sq km including the whole of Jammu and Kashmir, which is divided between India and Pakistan. [1](p152) As stated in the CIA World Factbook, updated on 11 May 2004, India’s neighbours are Bangladesh, Bhutan, Burma, China, Nepal, and Pakistan. [35](p2) As noted by Europa 2005, on the north westIndia bounds Pakistan and borders Myanmar (Burma) on the north east, and Bangladesh to the east. “India’s great southern peninsula stretches down into the tropical waters of the Indian Ocean, here its boundaries extend to Andaman and Nicobar Islands, in the Bay of Bengal, and the Lakshadweep archipelago, in the Arabian sea.”[1](p152)
1.02As noted in the US State Department Background Note for India, reviewed in December 2005, the population of India (2004 estimate) is 1.1 billion, of which the urban population accounts for 27.8 per cent. Although India occupies only 2.4 per cent of the world’s land area, it supports over 15 per cent of the world’s population. The population growth rate is 1.4 per cent per annum. The capital is New Delhi (pop.12.8 million, 2001 census). Other major cities are Mumbai, formerly Bombay (16.4 million); Kolkata, formerly Calcutta (13.2 million); Chennai, formerly Madras (6.4 million); Bangalore (5.7 million); Hyderabad (5.5 million); Ahmedabad (5 million) and Pune (4 million). [2f](People) According to the BBC timeline for India, the country marked the birth of its billionth citizen in May 2000. [32bf]
1.03As noted in the CIA World Factbook, the national language is Hindi, and the first language of 30 per cent of the population. Since 1965 English has been recognised as an “associate language” but is the most important language for national, political, and commercial communication. [35](p4) As reflected in the Foreign & Commonwealth Office (FCO) report updated 8 October 2005: “The official language is Hindi written in the Devanagari script… In addition there are 18 main and regional languages recognised for adoption as official state languages. There are another 24 languages, 720 dialects and 23 tribal languages. Among the main languages are Bengali (8.2%), Marathi (7.7%), Urdu (5.2%), Gujarati (4.7%), Bihari (3.8%), Oriya (3.6%), Telugu (3.5%), Tamil (3.2%) and Punjabi (3.0%). Other languages include Assamese, Kannada, Rajasthani and Kashmiri. Bihari and Rajasthani are variants of Hindi.”[7i](p2) According to the Ethnologue Report for India, reviewed in November 2003, there are an estimated 850 languages in daily use. [31]
1.04As stated in the Library of Congress Federal Research Division, Country Profile India 2004:
“The total number of languages and dialects varies by source and counting method, and many Indians speak more than one language. The Indian census lists 114 languages (22 of which are spoken by one million or more persons) that are further categorized into 216 dialects or ‘mother tongues’ spoken by 10,000 or more speakers. An estimated 850 languages are in daily use, and the Indian Government claims there are more than 1,600 dialects.”[112]
“Hindi is the official language and the most commonly spoken, but not all dialects are mutually comprehensible. English also has official status and is widely used in business and politics, although knowledge of English varies widely from fluency to knowledge of just a few words. The teaching of Hindi and English is compulsory in most states and union territories. Twenty-two languages are legally recognized by the constitution for various political, educational, and other purposes: Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithali, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, and Urdu. Numerous other languages are recognized by individual states but not officially recognized by the central government, and linguistic issues related to education, employment, and politics are sometimes politically contentious. Indeed, some state borders are based on linguistic lines. The most commonly spoken languages are Hindi (40.2 percent of the population), Bengali (8.3 percent), Telugu (7.9 percent), Marathi (7.5 percent), and Tamil (6.3 percent).”[112]
1.05Estimates for 2000 recorded in the CIA World Factbook, updated 10 January 2006, stated that the biggest ethnic group in India is the Indo Aryans (72 per cent), followed by the Dravidians (25 per cent), Mongoloid and others (3 per cent). (81.3 per cent) are Hindu, (12 per cent) Muslim, (2.3 per cent), Christian, (1.9 per cent) Sikh. Other religious groups include Buddhist, Jain and Parsi (2.5 per cent). [35](p4)
See Section 20.01 – Ethnic Groups
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Map
1. 06
1.07
“Based upon the Survey map with the permission of the Surveyor General of India. The territorial waters of India extend into the sea to a distance of twelve nautical miles measured from the appropriate base line. The boundary of Meghalaya shown on this map is as interpreted from the North-Eastern Areas (reorganisation) Act, 1971, but has yet to be verified.”
© Government of India, 1996
Government of India: India - States and Union Territories 1991
Languages and minority religion map:
Religions of India Map:
[109]
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Economy
2.01 As noted in the US State Department Background Note for India, reviewed in December 2005:
“It has the world’s 12th largest economy, and the third largest in Asia behind Japan and China, with total GDP of around $691 billion. Services, industry and agriculture account for 50.8%, 27.2% and 22.0% of GDP respectively. Nearly two-thirds of the population depends on agriculture for their livelihood. About 25% of the population lives below the poverty line, but a large and growing middle class of 320-340 million has disposable income for consumer goods.”[2f](Economy)
2.02As reported by the same source:
“India is continuing to move forward with market-oriented economic reforms that began in 1991. Recent reforms include liberalized foreign investment and exchange regimes, industrial decontrol, significant reductions in tariffs and other trade barriers, reform and modernization of the financial sector, significant adjustments in government monetary and fiscal policies and safeguarding intellectual property rights…. However, economic growth is constrained by inadequate infrastructure, a cumbersome bureaucracy, corruption, labor market rigidities, regulatory and foreign investment controls, the ‘reservation’ of key products for small-scale industries and high fiscal deficits…. The rapidly growing software sector is boosting service exports and modernizing India’s economy.”[2f](Economy)