INDIA ASSESSMENT Version 4 September 1999 Country Information and Policy Unit

1.1 This assessment has been produced by the Country Information and Policy Unit, Immigration and Nationality Directorate, Home Office, from information obtained from a variety of sources.

1.2 The assessment has been prepared for background purposes for those involved in the asylum determination process. The information it contains is not exhaustive, nor is it intended to catalogue all human rights violations. It concentrates on the issues most commonly raised in asylum claims made in the United Kingdom. It represents the current assessment by the Immigration & Nationality Directorate of the general socio-political and human rights situation in the country.

1.3 The assessment is sourced throughout. It is intended to be used by caseworkers as a signpost to the source material, which has been made available to them. The vast majority of the source material is readily available in the public domain.

1.4 It is intended to revise the assessment on a 6-monthly basis while the country remains within the top 35 asylum producing countries in the United Kingdom.

1.5 The assessment will be placed on the Internet (http://www.homeoffice.gov.uk/ind/cipu1.htm). An electronic copy of the assessment has been made available to the following organisations:

Amnesty International UK

Immigration Advisory Service

Immigration Appellate Authority

Immigration Law Practitioners' Association

Joint Council for the Welfare of Immigrants

JUSTICE

Medical Foundation for the care of Victims of Torture

Refugee Council

Refugee Legal Centre

UN High Commissioner for Refugees

2.1 India forms a natural sub-continent with the Himalayas to the north. The Arabian Sea and the Bay of Bengal, which are sections of the Indian Ocean, lie to the west and east respectively. India's neighbours are China (Tibet), Bhutan and Nepal to the north, Pakistan to the north-west, and Burma to the north-east. To the east, almost surrounded by India, is Bangladesh. Near India's southern tip, across the Palk Strait, is Sri Lanka. [1]

2.2 India covers an area of 3,287,263 square kilometres (1,269,219 square miles). In mid-1997 the population was estimated to be 948 million. Although the growth rate has declined marginally the population still increases by about 24% each decade. It is expected to top one billion around the turn of the century. The capital is New Delhi. [1]

2.3 India is a mosaic of different cultures, ethnic groups, languages and religions.

2.4 The official language of India is Hindi written in the Devanagari script and spoken by some 30% of the population as a first language. Since 1965 English has been recognised as an "associated language". 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.

2.5 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. [1]

2.6 More than 180 million people in India (out of a total population of 948 million) regard Hindi as their mother tongue. Another 300 million use it as a second language. There is controversy about the status of Punjabi, which can be considered as a dialect of Hindi, or as an independent language. A 1997 survey found that 66% of all Indians can speak Hindi, and 77% of Indians regard Hindi as "one language across the nation". [31]

See also Section 5.8 Religious Minorities

III HISTORY (Sources: [1] & [7j] unless otherwise stated)

For information on Indian history up until 1996, please refer to the Europa World Yearbook (source [1]) or Annex C: Chronology.

3.1 Congress (I) government entered the May 1996 general elections with its morale at a low ebb and many of its senior leaders at odds with the Prime Minister, Narasimha Rao. Breakaway parties had been formed in the north, in Madhya Pradesh and in Tamil Nadu - the last in response to Narasimha Rao's decision to have an electoral alliance with the deeply unpopular Tamil regional party, the AIADMK, then ruling the state. Congress won only 139 seats, its poorest ever performance. The BJP emerged as the largest party, improving on its previous performance to win 160 seats but still well short of a majority, even with allies.

3.2 On 15 May 1996 the Indian President called on the BJP's parliamentary leader, Atal Bihari Vajpayee, to form a government, which he did with the support of Shiv Sena and other smaller allies. Given the antagonism felt towards the BJP by the majority of other political parties, Vajpayee resigned on 28 May 1996 in anticipation of his Government's inevitable defeat in a parliamentary vote of confidence. [1]

3.3 The National and Left Fronts merged to form an informal coalition known as the United Front (UF) which comprised a total of 13 parties, with the Janata Dal, the Samajwadi Party, the 2 communist parties and the regional Dravida Munnetra Kazhagam (DMK) and Telugu Desam as its major components. With Congress (I) prepared to lend external support, the UF was able to form a Government at the end of May. H D Deve Gowda, a former Chief Minister of Karnataka, was selected to lead the UF and the new Government. [1]

3.4 At the end of March 1997 Deve Gowda was faced with a serious political crisis following Congress (I)'s withdrawal of parliamentary support for the UF Government. On 11 April 1997 the Prime Minister resigned following the defeat of the UF Government in a vote of confidence, and he was replaced by Inder Kumar Gujral, the External Affairs Minister and the only person acceptable to all the coalition parties. He was sworn in as Prime Minister on 22 April 1997. [1]

3.5 In November 1997 Congress (I) called for the withdrawal of the Dravida Munnetra Kazhagam party (DMK) from the Government. The party was alleged to be indirectly implicated in the 1991 assassination of the former Prime Minister, Rajiv Gandhi. The Government refused the request and Congress withdrew its support. Mr Gujral resigned as Prime Minister on 28 November. On 4 December President Narayanan dissolved the Lok Sabha. Mr Gujral headed an interim government until the general election was held. [1]

3.6 The general election was held between 16 February and 7 March 1998. Atal Behari Vajpayee, parliamentary leader of the BJP, was sworn in as Prime Minister on 19 March, thereby ending 2 weeks of feverish political activity following a general election which had left no party with a clear majority in the Lok Sabha. [5b]

See also Party positions in Indian Parliament: paragraphs 4.6

3.7 India detonated 5 nuclear devices in May 1998, before Pakistan responded with 6 underground nuclear explosions. The tests enjoyed widespread support in India, but they provoked almost universal condemnation from the international community. A number of countries stated their intention to impose economic sanctions or reduce economic aid to the 2 countries. [5c]

3.8 State elections were held in 4 states in November 1998. The BJP was defeated in its strongholds of Rajasthan and Delhi, where Congress (I) swept to power, and in Madhya Pradesh the BJP failed to dislodge the ruling Congress (I). Regional groups took power in the remote north eastern state of Mizoram. The BJP defeat was attributed to internal dissent in the governing coalition, the weight of sanctions on a creaking economy and spiralling prices of essential commodities. [9a]

3.9 In January 1999 the BJP Government came under attack for its failure to stop the violence against Christians. During December 1998 and January 1999 Christians in the Dangs area of south western Gujarat suffered an escalating series of violent incidents in which churches and schools were burnt down and individuals were attacked. Hindu fundamentalist groups belonging to the Sangh Parivar apparently organised the violence, but Hindu activists denied that there was an organised campaign of violence. They claimed that local anger was ignited by the forced conversions of poor tribals by missionaries. [15a] Christian missionaries stated that they only provide charity. The violence dramatically escalated when a mob in the state of Orissa in eastern India murdered an Australian missionary and his 2 young sons on 23 January 1999. [9b]

See also Christians: paragraphs 5.8.26 - 5.8.40

3.10 The BJP-led Government survived with the outside support of several regional parties and the participation in government of several allies whose backing was conditional on narrow and specific agendas. The allies' allegiance to the BJP was tenuous, relying more on the Government's ability to meet their demands than on any semblance of ideological compatibility. [16a] A political crisis arose in April 1999 after the AIADMK party withdrew its support from the Government. On 17 April the Government lost a vote of confidence in the Lok Sabha by one vote and after 10 days, during which Congress (I) tried and failed to form a new government, the President dissolved Parliament and called a general election. The election is scheduled for September/October 1999 and the BJP Government will continue in office until then in a caretaker capacity. [8a]

3.11 Please refer to paragraph 5.7.20 - 5.7.23 for information on the escalation of the conflict in Kashmir in May 1999.

3.12 Since the early 1990s, India has been undergoing a transition from a government-controlled economy to one that is largely market oriented. The private sector is predominant in agriculture, most non-financial services, consumer goods, manufacturing and some heavy industry, although the State dominates the economy through public ownership in sectors such as finance, energy, capital goods and heavy industry, and infrastructure. The State also employs nearly 70% of the 28 million workers in organised employment. [21]

3.13 India is the world's fifth largest economy in terms of gross national product (GNP), but its per capita GNP brings it to 90th place. Economic growth surpassed 5% between 1992 and 1996, reaching 6.2% in 1996. Agriculture, together with fishing and industry, contribute approximately one third of GNP. About 70% of the population are involved in cultivation activities. Nearly 33% of cultivated land is under assured irrigation while the rest depends on the annual monsoon. The main crops are food grains for domestic consumption such as rice, wheat and sorghum, making the country almost entirely self sufficient: in the 1990s net food imports have been less than 2% of total food supply, compared with 8-10% in the 1960s and 5-8% in the 1970s. Nevertheless large scale poverty limits the growth in purchasing food grains, considering that out of the 1.13 billion people living below the poverty line throughout the world, 40% are found in India. [21]

3.14 India is also regarded as a giant in technological achievements and industrial output: it has significant expertise in nuclear energy, communication satellites, vehicles, software design, combat aeroplanes and helicopters, oceanography and deep sea oil drilling, as well as machinery and manufactured goods. [21]

3.15 The BJP Government's first budget was not well received as it lacked a clear message about the BJP's economic policy goals, while the reversal of some measures shortly afterwards reinforced doubts about the Government's ability to steer the economy. Inflation is running at approximately 8-9%. The stock market and the value of the rupee have fallen to new lows. The economic sanctions imposed by Japan and the United States after the nuclear tests in May 1998 could undermine long term development of the Indian economy. [16a]

4.1 India is a federal republic, with legislative power vested in Parliament, which consists of the President and two Houses. The upper house, the Rajya Sabha (Council of States) has 245 members, most of whom are indirectly elected by the State Assemblies for 6 years (one third retiring every 2 years), the remainder being nominated by the President for 6 years. The lower house, the Lok Sabha (House of the People) has 543 elected members, serving for 5 years. Two members of the Lok Sabha may be nominated by the President to represent the Anglo-Indian community, while the 543 members are directly elected by universal adult suffrage in single member constituencies. [1]

4.2 The President is a constitutional Head of State, elected for 5 years by an electoral college comprising elected members of both Houses of Parliament and the state legislatures. The President exercises executive power on the advice of the Council of Ministers, which is responsible to Parliament. The President appoints the Prime Minister and, on the latter's recommendation, other Ministers. [1]

4.3 India has 25 states with constitutionally defined powers of government. The states vary greatly in size, population and development. Each state has a Governor appointed by the President for 5 years, a legislature elected for 5 years, and a Council of Ministers headed by a Chief Minister. Each state has its own legislative, executive and judicial machinery, corresponding to that of the Indian Union. In the event of the failure of constitutional government in a state, President's Rule can be imposed by the Union. There are also 6 Union Territories and the National Capital Territory of Delhi, administered by Lieutenant-Governors or Administrators, all of whom are appointed by the President. The Territories of Delhi and Pondicherry also have elected chief ministers and state assemblies. [1]

4.4 The 25 states are: Andhra Pradesh; Arunachal Pradesh; Assam; Bihar; Goa; Gujarat; Haryana; Himachal Pradesh; Jammu and Kashmir; Karnataka; Kerala; Madhya Pradesh; Manipur; Maharashtra; Meghalaya; Mizoram; Nagaland; Orissa; Punjab; Rajasthan; Sikkim; Tamil Nadu; Tripura; Uttar Pradesh; and West Bengal. [1]

4.5 The Territories are: Andaman and Nicobar Islands; Chandigarh; Dadra and Nagar Haveli; Daman and Diu; Delhi; Lakshadweep; and Pondicherry. [1]

4.6 The results of the February/March 1998 general election [24] (with the party positions in the Lok Sabha after the 1996 elections in brackets [11a]) are:

* indicates parties which supported the BJP led Government.

NB A General Election is being held in India during September and October 1999.

 4.7 In July 1998 the distribution of seats in the Rajya Sabha (Upper House of the Indian Parliament) was as follows:

4.8 India has an independent judiciary with strong constitutional safeguards. The President appoints the judges, and they can serve up to the age of 62 on the state high courts and to the age of 65 on the Supreme Court. Courts of first resort exist at the sub-district and district levels. More serious cases and appeals are heard in state level High Courts and by the national level Supreme Court, which also rules on Constitutional issues. Sub-district and district judicial magistrates are appointed by state governments. High Court judges are appointed on the recommendation of the federal Law Ministry, with the advice of the Supreme Court, the High Court Chief Justice, and the Chief Minister of the state, usually from among district judges or lawyers practising before the same courts. Supreme Court judges are similarly appointed from among High Court judges. The Chief Justice is appointed on the basis of seniority. [2a]

4.9 When legal procedures function normally, they generally assure a fair trial, but the process can be drawn out as the court system is overloaded, and inaccessible to the poor. In 1995 nearly 2.9 million criminal and civil cases were pending before India’s high courts. Defendants have the right to choose counsel from a bar that is fully independent of the government. There are effective channels for appeal at most levels of the judicial system. [2a]

4.10 Free legal services are available for everyone whose total income is less than 6,000 rupees. Legal Aid is available for fees incurred in legal proceedings, representations by a legal practitioner, obtaining certified copies of legal documents, and preparation of appeal papers. [6a]

4.11 The Criminal Procedure Code provides for an open trial in most cases but it allows exceptions in proceedings involving official secrets, trials in which statements prejudicial to the safety of the State might be made, or under the provisions of special security legislation. Sentences must be announced in public. [2a]

4.12 Muslim personal status law governs many non-criminal matters involving Muslims eg family law, inheritance and divorce. The government does not interfere in the personal laws of the minority communities, with the result that laws, which discriminate against women, are upheld. [2a]

See also Women: paragraphs 5.3.1 - 5.3.20

4.13 According to the US State Department report for 1998, issued in February 1999, the judicial system barely functions in Jammu and Kashmir due to threats by militants against judges, witnesses and their family members. There is also judicial tolerance of the Indian Government's anti-militant actions, and the security forces frequently refuse to obey court orders. Courts there are not willing to hear cases involving terrorist crimes or fail to act expeditiously on habeas corpus cases, if they act at all. As a result, there have been no convictions of alleged terrorists in Jammu and Kashmir since before 1994, even though some militants have been in detention for years. [2a]

See also Human rights concerns in Kashmir: paragraphs 5.7.24 - 5.7.28; the Security Forces: paragraph 4.14 - 4.15

4.14 In 1996 India's total armed forces numbered 1,145,000: of these, 980,000 constituted the army, 55,000 the navy, and 110,000 the air force. The paramilitary Border Security Force numbered 185,000. Military service is voluntary, although the Constitution states that every citizen has a fundamental duty to perform national service if called upon to do so. The armed forces have traditionally not been involved in domestic politics, and have never instigated a coup. [21]

4.15 Each state controls its own police forces through its own home ministry. The Union Home Ministry co-ordinates the activities of the all-India bodies. These include the Central Bureau of Investigation (CBI) (the main law enforcement body in India), the Central Detective Training School, the Central Forensic Laboratory, the Central Fingerprint Laboratory, and the National Police Academy in Mount Abu, Rajasthan, where the Indian police service is trained. It also has jurisdiction over the Central Reserve Police Force (CRPF), the Railway Protection Force and the Border Security Force. [21]

See also Abuses by the Security Forces: paragraphs 5.2.10 - 5.2.11

5.1 Introduction

5.1.1 India is a parliamentary democracy with an independent judiciary. The human rights of Indian citizens are safeguarded by extensive constitutional and statutory provisions. However there are significant human rights abuses. These can be attributed to social tensions, violent secessionist movements and the authorities' attempts to repress them, and deficient police methods and training. [2a] Other reasons include poverty, disparities in the distribution of wealth, persistence of traditional practices and customs, particularly affecting women, discrimination against underprivileged classes and castes, and ethnic, cultural and religious tensions. [6c]

5.1.2 Human rights abuses include:

• extra-judicial executions and other political killings, arbitrary arrest and incommunicado detention;
• disappearances and excessive use of force by the security forces combating insurgencies in Jammu and Kashmir and several north eastern states;
• continued detention throughout the country of thousands arrested under special security legislation;
• torture and rape by police and other agents of government and deaths of suspects in custody; poor prison conditions; lengthy pre-trial detention; prolonged detention during trial;
• legal and societal discrimination and societal violence against women;
• discrimination and violence against indigenous people and scheduled castes and tribes; (See Section 5.9 for definition of scheduled castes and tribes);
• child prostitution, trafficking and infanticide; and exploitation of indentured, bonded and child labour;
• inter-caste and communal violence;
• increasing societal violence against Christians. [2a]

5.1.3 Separatist militants in Jammu and Kashmir are responsible for numerous abuses including extra-judicial executions and other political killings, torture, kidnapping and extortion. Separatist insurgencies are taking place in the 7 north eastern states. Particularly affected is Assam where the conflict involves Bodo tribal militants and United Liberation Front of Assam (ULFA) insurgents. Tribal militancy is also a feature in Manipur, Nagaland and Tripura. [2a]

5.1.4 The number of insurgency-related deaths in Jammu and Kashmir and the north east was slightly lower in 1998 than the previous year, due in part to negotiated cease-fires in the north east between the Government and the insurgent forces and between some tribal groups. However the proportion of civilian deaths in Jammu and Kashmir increased markedly due to brutal, execution-style killings of civilians by Kashmiri militant groups. [2a]

5.1.5 In Andhra Pradesh there have been clashes between the police and the Naxalite maoist revolutionaries of the People's War Group. It was banned in Andhra Pradesh in 1992, but gained a year long reprieve in June 1995 before being banned again in July 1996. Naxalites are also active in Bihar, Orissa and West Bengal, and in recent years there have been a number of Naxalite attacks on police stations with numerous fatalities. During 1998 Naxalites also killed dozens of people who were declared to be "class enemies" or police informers. They also extorted money from businesses. [2a]

5.1.6 In Bihar, armed Naxalite groups have reportedly taken control of many villages across the state. Deaths from Naxalite activities during 1997 reportedly amounted to 100 villagers, 192 Naxalites and 5 policemen. Moreover, upper caste private armies and lower caste armed groups are engaged in a bitter struggle in which both groups have committed massacres with impunity on a monthly basis. [21] Ranvir Sena, a private militia controlled by high caste landlords in Bihar, was responsible for murdering at least 58 people on 1 December 1997. No one has been arrested. [26]

5.1.7 During 1998 India made further progress in resolving human rights problems. The Supreme Court has condemned the serious abuses in Punjab in the early 1990s and the investigations of the National Human Rights Committee continued. The International Committee of the Red Cross (ICRC) continued its visits to prisons in Jammu and Kashmir, but Amnesty International and Human Rights Watch have not been permitted to visit Jammu and Kashmir or the north east. Local NGOs were permitted access to these areas. [2a]

5.1.8 The United Nations Human Rights Committee noted the existence of a broad range of democratic institutions and a comprehensive constitutional framework for the protection of human rights. It referred to the work of the National Human Rights Commission, and the establishment of human rights commissions in a number of states, and the establishment of the National Commission for Scheduled Castes and Scheduled Tribes and the National Commission for Women in 1992 and the National Commission for Minorities in 1993. [6c]

See also Women: Section 5.3; Children: Section 5.4

5.1.9 In July 1997 Amnesty International submitted a report to the Human Rights Committee to supplement and update Amnesty's concerns in relation to India. Amnesty International drew attention to its concerns which covered the following areas:

• the shortcomings of India's implementation of safeguards to prevent human rights violations;
• the absence of adequate mechanisms to ensure full redress for all victims of human rights violations;
• the continuing state of impunity for the majority of perpetrators of human rights violations, particularly in areas of armed conflict;
• the existence of special legislation which grants security forces wide powers to arrest and detain, and escape prosecution for violations;
• legislation which provides for preventive detention which has been used to detain people not only in areas of armed conflict but also against those defending human rights;
• the vulnerability of economically and socially disadvantaged groups in India, including women, scheduled castes and tribal peoples, to human rights violations and their problems in obtaining redress.

5.2 SPECIFIC TOPICS

5.2.1 The Indian Constitution and the Indian Code of Criminal Procedure provide judicial guarantees. Detainees have the right to be informed of the grounds for arrest, to be represented by counsel, and, unless the person is held under a preventive detention law, to appear before a magistrate within 24 hours of arrest. An accused person must be informed of his right to bail at the time of arrest and may apply for bail at any time, unless he is held on a non-bailable offence. The police must file a charge sheet within 60 to 90 days of arrest; if they fail to do so, court approval of a bail application becomes mandatory. [2a]

5.2.2 India has a democratic, parliamentary system of government with representatives elected in multi-party elections under universal adult suffrage. Some 374 million voters, or 62.04%

of the electorate, cast ballots in the 1998 general election. There were reports of election related violence in parts of the country, as well as localised allegations of voter fraud. However, the Election Commission noted at the conclusion of voting that the election had been the most peaceful in recent memory. [2a]

See also Political system: paragraphs 4.1 - 4.5

5.2.3 The Constitution provides for freedom of speech and the press, and with some limitations these rights are exercised. A vigorous press reflects a wide variety of public, social and economic beliefs. Newspapers and magazines regularly publish investigative reports and allegations of government wrongdoing, and the press as a whole champions human rights and criticises perceived government lapses. National television and radio, which are government monopolies, are frequently accused of manipulating the news to the benefit of the government. However international satellite television is widely distributed among the middle class and is gradually eroding the government's monopoly. [2a]

5.2.4 The Constitution provides for the right of peaceful assembly and the right to form associations, and the government generally respects these rights. Permits and notification are sometimes required prior to the holding of parades and demonstrations, but local governments usually respect the right to protest peacefully. At times of civil tension, the authorities may ban public assemblies or impose a curfew. [2a]

5.2.5 Indian citizens enjoy freedom of movement within the country except in certain border areas where, for security reasons, special permits are required. Under the Passports Act 1967, the Government may deny a passport to any applicant who "may or is likely to engage outside India in activities prejudicial to the sovereignty and integrity of India." The Government uses this provision to prohibit the foreign travel of some government critics, especially those advocating Sikh independence. Indian citizens may emigrate without restriction. [2a]

5.2.6 A variety of special security laws were enacted during the 1980s to help law enforcement agencies fight separatist insurgencies. There have been reports of widespread arbitrary arrest and detention under these laws. [2a]

5.2.7 The National Security Act 1980 permits the preventive detention of persons suspected of being security risks without charge or trial for up to one year on loosely defined security grounds. The state government must confirm the detention order, which is reviewed by an advisory board of 3 high court judges, within 7 weeks of arrest. The Jammu and Kashmir Public Safety Act 1978 covers corresponding procedures for that state. [2a]

5.2.8 The Armed Forces (Special Powers) Act 1958 was enacted at a time when India was faced with the activities of insurgents in the border areas on the eastern frontier of the country. The Act's provisions only come into effect when the State Governor declares the area to be "disturbed". The Act lists the situations in which the special powers may be exercised: dispersal of unlawful assembly, preventing people from carrying weapons, destruction of arms dumps, search and seizure and the arrest of those suspected of committing a cognizable offence. The Act also provides for the arrested person to be handed over to the nearest police station. [21] The Act gives an officer in the armed forces the power to shoot to kill if necessary for the maintenance of law and order. Central government sanction is required for the prosecution of any officer for acts committed under the Act. [2a]

5.2.9 The Terrorist and Disruptive Activities Act 1985 (TADA), amended 1987, expired in May 1995 though 1,502 people arrested under the Act continued to be held on 1 January 1997 and a small number of arrests under TADA continued for crimes allegedly committed before the Act lapsed [2a]. The Act prohibited not only "terrorist acts" but also "disruptive activities" which questioned or threatened the sovereignty and territorial integrity of India. [21] Amnesty International stated that several of the Act's provisions may have violated international human rights standards and that they were open to abuse and have been widely misused. Amnesty cite examples of false arrests, police excesses and extortions as well as instances where people were imprisoned under the Act for matters unconnected with violent political acts. [3a] & [2a]

5.2.10 According to the UN Human Rights Committee, the police and other security forces do not always respect the rule of law and court orders for habeas corpus are not always complied with, particularly in disturbed areas. There are incidents of custodial deaths, rape and torture. Special powers of detention remain widespread, and people remain detained under the Terrorist and Disruptive Activities Act although it lapsed in 1995. [6c]

5.2.11 The security forces continue to rely on special powers under legislation such as the Armed Forces (Special Powers) Act, the Public Safety Act and the National Security Act in areas declared to be disturbed under the provisions of that act [6c] (ie Jammu and Kashmir, Nagaland, Manipur, Assam and parts of Tripura [2a]). There are concerns about the human rights violations committed by security and armed forces acting under these laws. Criminal prosecutions or civil proceedings against members of the security and armed forces acting under special powers may not be commenced without the sanction of the central Government. This contributes to a climate of impunity. [6c]

See also Human rights concerns in Punjab: paragraphs 5.6.26 - 5.6.32; Human rights concerns in Kashmir: paragraphs 5.7.24 - 5.7.28

5.2.12 Prison conditions are severely overcrowded and provision of food and medical supplies is inadequate. Tihar jail in Delhi has a capacity of 3,300 but houses 9,000 prisoners. The Prison Act of 1894 remains unamended. [2a]

5.2.13 With the exception of an agreement with the International Committee of the Red Cross (ICRC) for visits to detention facilities in Jammu and Kashmir, the Government does not allow NGO's to monitor prison conditions. However 15 states and union territories have authorised the National Human Rights Commission (NHRC) to conduct surprise inspections on jails. There is growing public awareness of the problem of custodial abuse. 888 complaints of custodial death (700 in judicial custody and 188 in police custody) and 3 cases of custodial rape were received by the NHRC in 1998. A large proportion of the 700 deaths in judicial custody were from natural causes, in some cases aggravated by poor conditions. [2a]

5.2.14 The Protection of Human Rights Act 1993 established a National Human Rights Commission (NHRC) in October 1993. The Commission monitors and investigates human rights violations, advises the Government on human rights issues, and works to further human rights awareness. The existence and functioning of the NHRC has had the effect of raising the profile of a range of human rights issues in India, including custodial violence, prison conditions, working conditions, child labour, basic health, human rights education and the training of police and security forces. [3d]

5.2.15 The NHRC has also played a role in international and regional fora, including the UN Commission on Human Rights and the Asia-Pacific Forum of National Human Rights Commissions. [3d]

5.2.16 The NHRC is also empowered to study treaties and other international instruments on human rights and recommend measures for their effective implementation. The NHRC has suggested that the Protection of Human Rights Act should be amended to incorporate International Covenants. [3c]

5.2.17 Section 19 of the Protection of Human Rights Act limits the mandate of the NHRC and specifies that it is not empowered to investigate allegations of human rights violations by the armed forces. Whenever human rights violations by members of the armed or paramilitary forces are reported to the NHRC, its mandate restricts its action to seeking a report from the central Government. There are no powers of investigation. After receiving the report, the NHRC can either not proceed with the case if it is satisfied with the report, or make recommendations. The Government is required to inform the Commission of the action taken on its recommendations within 3 months. The effect of this restriction is that the NHRC is reliant on the Government's version of events or the version of events as given by the alleged perpetrator. [3d]

5.2.18 In several high profile cases, the NHRC has disregarded this limitation in its mandate and intervened in incidents of human rights violations by security forces, for example in Jammu and Kashmir in the case of the killing of lawyer Jalil Andrabi in March 1996 and the killing of civilians by security forces in Bijbehara in October 1993. Amnesty International considered that this approach did not ensure consistent investigation of human rights violations and that it was consequently inadequate. [3c]

5.2.19 Section 36(2) of the Protection of Human Rights Act limits the NHRC to investigating allegations of abuses only up to a year after the alleged abuse took place. This has been overlooked in certain cases, but other cases over a year old have been disregarded. This is problematic, as many victims approach the NHRC as a last resort, after using other mechanisms such as the courts. Lack of resources is often an obstacle to filing a complaint within the time-frame required. A human rights violation may not come to light until over a year after the original incident or a rape victim may have compelling reasons not to come forward immediately. [3d]

5.2.20 However in September 1998 the Supreme Court ruled that the NHRC's probe into the alleged mass cremation of 2,000 bodies by the Punjab police in 1994-5 could not be barred by the one year time limit. The Supreme Court ruled that the jurisdiction exercised by the NHRC in these matters is of a special nature not covered by the enactment of law and thus acts sui generis. [12d]

See also paragraphs 5.6.59 - 5.6.61: NHRC's investigations in Punjab

5.2.21 The NHRC is allowed, having given notice, to visit jails and detention centres under the control of State Governments. Amnesty is concerned that this gives the State Governments an opportunity to improve conditions before a visit. It is also concerned that the NHRC is not allowed to investigate conditions in institutions under the control of the central Government such as interrogation centres run by the armed forces. [3d]

5.2.22 While the NHRC is conducting enquiries, it has the powers of a civil court, including summoning attendance of witnesses, compelling the provision of information and referring cases of contempt to a magistrate. However the NHRC, and individuals undertaking investigations on its behalf, do not have these powers in the course of activities beyond the conduct of enquiries, including when undertaking investigations. There have been occasions when the NHRC's work has been hampered by delays in receiving reports from state authorities. Some states, particularly Jammu and Kashmir, have failed to submit reports about deaths in custody within 24 hours in accordance with NHRC directives. [3d]

5.2.23 During 1996-7, the NHRC received 20,514 complaints, more than double the figure for the previous year. The increase was attributed to the spread of awareness of human rights. Cases from Uttar Pradesh and Bihar together accounted for 54% of the total. During the year criminal prosecutions were launched against 167 people, including 144 police officers, and a total of 10,848 cases were disposed of. [10q]

5.2.24 One of the NHRC's first actions was to request that it be informed of death or rape in police custody within 24 hours of occurrence, and while it has not succeeded in implementing this directive in states such as Jammu and Kashmir as noted above, the NHRC has become an important monitor of the extent of custodial violence. [3c] The NHRC has recommended that army and paramilitary forces should also follow the same procedure and report any death or rape in custody to the NHRC within 24 hours. The Indian Government rejected this, saying that the existing procedures laid down in the Protection of Human Rights Act 1993 were sufficient. [10r]

5.2.25 The NHRC has been active in recommending the granting of compensation in many cases in which it has found prima facie evidence of human rights violations, and it has actively pursued the granting of compensation with the authorities to ensure that victims or their relatives are provided with prompt financial redress. [3d]

5.2.26 The NHRC has recommended changes to existing legislation to ensure that human rights are protected, as part of its mandate to review safeguards provided under the Indian Constitution or legislation. The NHRC played a significant role in calls for the abolition of the Terrorist and Disruptive Activities (Prevention) Act (TADA), which was allowed to lapse in 1995. The NHRC, in a submission to the Supreme Court, has expressed the view that the Armed Forces (Special Powers) Act is unconstitutional. The NHRC played a key role in encouraging the Indian Government to ratify the Convention against Torture. Nevertheless Amnesty International believes that the NHRC should adopt a more systematic and consistent approach in reviewing existing or proposed legislation. [3d]

5.2.27 State Human Rights Commissions have been established in Assam, Himachal Pradesh, Madhya Pradesh, Tamil Nadu, Punjab, Jammu and Kashmir and West Bengal. The Governments of Manipur and Kerala have formally established Commissions, but as of October 1998, members have not been appointed. The Governments of Gujarat and Nagaland have announced their intention to set up state commissions. [3d]

5.3 WOMEN

5.3.1 According to the March 1991 census, out of a population of 846 million, 407 million are female and 439 million are male. [1] There are differences between the lives of rural women (some 75% of the total) and urban women. Literacy rates vary across the country, and the caste system as well as economic circumstances have an impact on the position of women. Scheduled caste women face double discrimination because of their gender and caste. Poverty has a disproportionate effect on women. [4e]

5.3.2 Women generally occupy a lower social status than men as a result of Hindu tradition. There is a preference for male children, and parents often give nutritional and health care priority to boys. There is also the practice of aborting female foetuses and female infanticide, of which there are reportedly 10,000 cases a year. [4e]

5.3.3 Marriage is considered a social necessity for women of all religions and regions in India. Most marriages are still arranged. In the south, intra-village or intra-family marriages are encouraged in order to strengthen family networks, while in the north, marriage is encouraged outside the community to expand the family network. As a result women in the north have little contact with their natal families. The system whereby a daughter leaves her home to live with her husband's family is characterised by the subordination of the bride to men and older women and the bride is expected to be submissive. [4e]

5.3.4 The Child Marriage Restraint (Amendment) Act 1976 makes 18 the minimum age of marriage for women, but enforcement is uneven. Child marriages are said to be common, particularly in rural areas. [4e]

5.3.5 The personal status laws of the religious communities govern matters such as marriage, divorce and property. The Hindu Marriage Act 1955 gives the parties the right to dissolve the marriage according to their custom. Under the Indian Divorce Act 1869, a Christian woman may petition the court for divorce on one or more of several grounds, including bigamy and rape. [4e] In May 1997 the Bombay High Court recognised abuse alone as sufficient grounds for a Christian woman to obtain a divorce. Under Islamic law, a Muslim husband may divorce his wife spontaneously and unilaterally; there is no such provision for women. [2a] The Dissolution of Muslim Marriages Act 1939 permits a women to apply to the courts on her own for a divorce decree. The divorce law applying to secular marriages is included in the Special Marriage Act 1954 and provides for divorce by mutual consent as well as by petition to the court. [4e]

5.3.6 Despite these legal provisions, divorce is socially unacceptable for women. A divorced woman may be ostracised by her community and even her family. Divorce may not be an option for many women because of their economic dependence on their husbands. [4e]

5.3.7 The Hindu Succession Act provides equal inheritance rights for Hindu women, but married daughters are seldom given a share in parental property. Islamic law recognises a women's right of inheritance but specifies that a daughter's share should be only a half that of a son. [2a]

5.3.8 Under tribal land systems, notably in Bihar, tribal women do not have the right to own land. Other laws relating to the ownership of assets and land accord women little control over land use, retention or sale. [2a]

5.3.9 Violence against women has increased in recent years. Wife beating is a problem which cuts across all castes, classes, religions and education levels. [4e] There is also domestic violence in the context of dowry disputes, where the groom's family harass a woman they believe has not provided a sufficient dowry. The harassment sometimes ends with the woman's death, which the family try to portray as a suicide or kitchen accident. Under a 1986 amendment to the Dowry Prohibition Act of 1961, the court must presume the husband or his family are responsible for every unnatural death of a woman in the first 7 years of marriage, provided that harassment is proven. [4e] & [2a] While the legislation introduced by the government is seen as a serious effort to end dowry deaths, lack of adequate enforcement is a major problem. [4e]

5.3.10 Women are vulnerable to attack and rape while in custody. Amnesty International expressed concern about the lack of official determination to bring the perpetrators of custodial crimes to justice. [4e]

5.3.11 There is an elaborate system of laws to protect the rights of women, including the Equal Remuneration Act 1976, the Maternity Benefits Act 1961, the Prevention of Immoral Traffic Act, the Sati Prevention Act, and the Dowry Prohibition Act. [4e] & [2a] The Indian Penal Code contains a number of sections which address crimes against women and offences relating to marriage, rape and domestic violence. However the laws are not always enforced, especially in rural areas, due to social and religious practices. [4e]

5.3.12 Employers in the organised sector often ignore the minimum wage laws. Women are increasingly reliant on employment in the unorganised sector, where wages are lower, and where they are outside the reach of legislation designed to protect them from unsafe working conditions. Family-run businesses and cottage-industries, in which most of the workers are women and children, are exempt from much of the labour standards legislation. [4e]

5.3.13 India has ratified a number of international conventions, including the Convention on the Political Rights of Women and the Convention on the Elimination of All Forms of Discrimination against Women. One reservation was made in respect of the latter convention, in that the Indian Government declared that it would not interfere in the personal affairs of any community without that community's initiative or consent. This has been interpreted as reluctance on the part of the Government to change the religion-specific personal laws that discriminate against women in areas such as marriage, divorce and inheritance. [4e]

5.3.14 The Indian Constitution provides that all persons are equal before the law and shall have equal protection of the law. Women who are subject to violence have recourse through the civil and criminal courts. A civil suit for injunctive relief can be undertaken under the Civil Procedure Code and the Special Relief Act. In criminal law a victim of violence can seek redress under several sections of the Penal Code. [4e]

5.3.15 However many factors make the courts a difficult recourse for women. They often lack economic, geographic and even political access to the legal system. Those who are illiterate, poor, unaware of their legal rights and unaccustomed to dealing with public institutions have particular difficulties. There are reports that women are often subject to the negative attitudes of the male-dominated judiciary. Women face social pressures not to pursue cases, which may not be heard for years due to court backlogs. [4e]

5.3.16 There is also the question of the attitude of the police to women who complain of abuse or crimes committed against them. Police are reluctant to intervene in family disputes. Crimes may be ignored if the perpetrators are influential. The police are perceived as being insensitive, and women are often afraid to report crimes. [4e]

5.3.17 It is reported that one women's organisation, Sakshi, has provided gender sensitisation training to police officers. [4e]

5.3.18 There are no legal impediments to women's participation in the political process. A large proportion of women exercise their right to vote and women represent all the major parties in the national and state legislatures. [2a] 8% of Members of the Lok Sabha are women, following the 1998 election. [11k] 30% of seats in elected village councils (panchayats) are reserved for women. [2a] There has been a prolonged debate over the reservation of parliamentary and state assembly seats for women. In recent years Indian governments have pledged to introduce legislation which would guarantee that at least 33% of MPs would be women. However a Women's Reservation Bill, despite initial cross party support failed in July 1998. [11k]

5.3.19 Despite their low numbers, women have been highly visible participants in Indian politics, although they are frequently not representative of women as a whole. Often they are from the "elite" and their political position derives from male relatives also involved in politics. [4e]

5.3.20 There are thousands of grassroots organisations working for social justice and economic advancement of women, for example, the Women's Development Programme in Rajasthan which is said to be a model for empowering rural women in a range of issues. In addition, the National Commission for Women was established in 1992 to investigate cases of abuse and report to the government on measures to improve the situation of women in India. State Women's Commissions have been set up in a number of states. The Government usually supports these efforts, despite strong resistance from traditionally privileged groups. [4e] & [2a]

5.4 CHILDREN

5.4.1 A National Policy for Children has been designed by the Government for the welfare of children and is implemented by the Ministry of Welfare. The Juvenile Justice Act lays down a scheme for the care and protection of neglected and delinquent children. India has ratified the Convention on the Rights of the Child. [6a]

5.4.2 The Government continued previous governments' efforts initiated in 1994 to pass more laws banning child labour and to enhance the enforcement of existing laws. The Government's programme to eliminate child labour is aimed at progressively withdrawing children from the workplace in hazardous industries and placing them in schools through initiatives in education, rural development, woman and child development, health, and labour programmes. Government efforts to eliminate child labour have touched only a small fraction of children in the work place. The BJP-led government did not renew the pledge of the previous government to eliminate child labour by 2010. A 1996 Supreme Court decision raised penalties for employers of children in hazardous industries and established a welfare fund for formerly employed children. [2a]

5.4.3 Forced labour and bonded labour is prohibited by statute, but enforcement of the Bonded Labour System (Abolition) Act 1976 varies from state to state and has not been effective due to a lack of resources and, to some extent, social acceptance. Some estimates put the number of bonded labourers as high as 5 million, an unknown number of whom are children. The situation of some children in the work place amounts to bonded labour (the result of a private contractual relationship whereby a worker incurs or inherits debts to a contractor and then must work off the debt plus interest). Children are sent to work because their parents cannot afford to feed them or in order to pay off a debt incurred by a parent or relative. It is estimated that in the carpet industry alone there may be as many as 300,000 children working, many under conditions that amount to bonded labour. [2a]

5.4.4 In occupations and processes where child labour is permitted, work by children is permissible only for 6 hours a day with one day's rest a week. [2a]

5.4.5 The Government does not provide compulsory, free, and universal primary education, and only approximately 59% of children between the ages of 5 and 14 attend school. There is a significant gender gap in school attendance, particularly by secondary school. According to UNICEF, 59% of boys and 38% of girls were enrolled in secondary school. Economic reality is that children of more well to do families are more likely to attend school than those of poor families. About 120 million children out of 203 million attend primary school. Most of the remainder, 87 million, do housework, work on family farms, work alongside their parents as paid agricultural labour, work as domestic servants, or are otherwise employed. [2a] Family run businesses and cottage industries, in which children work, are exempt from much of the labour standards legislation. The contractual system allows many industries to evade the requirements of the Factories Act, Minimum Wages Act and Child Labour Act. Participation in home-based industries is higher for girls than for boys, with more boys than girls attending school. [4e]

5.4.6 There are an estimated 500,000 street children nationwide. There is child prostitution in the cities [2a] - approximately 100,000 prostitutes in Bombay alone, many of whom are minors held in bondage in brothels. [4e] There is a growing pattern of traffic in child prostitutes from Nepal. [2a]

5.4.7 Child marriage is prohibited by law. The Government does not effectively enforce the minimum age of 18 at which girls may marry. [2a]

5.5 HOMOSEXUALS

5.5.1 Homosexuality as such is not illegal in India. Section 377 of the Indian Penal Code (1860) proscribes "unnatural offences", which are defined as penetrative intercourse "against the order of nature" with man, woman or animal. Certain practices might therefore be deemed illegal in India. However the scope of the definition has not been much tested in the courts and cases under section 377 are rare. [7f]

5.5.2 The issue of homosexuality is still sensitive in India and is not openly debated to the extent that it is in the West. It is however much more openly discussed than it was a few years ago and society is tending to become more tolerant. There are a number of NGOs, properly registered, in different parts of India which exist to promote the welfare of homosexual men and women. [7f]

5.5.3 There are reports of raids by the police in Mumbai (Bombay), with homosexuals being arrested for no other reason that they "look like" homosexuals. The punishment is a 25 rupee fine and/or a beating with a lathi. Open homosexuality is not accepted. There are organised gay and lesbian groups in New Delhi, Mumbai and Calcutta and gay magazines are published. Most lesbians join feminist groups, but "Sakshi", a lesbian group in New Delhi, was formed in 1992. [25]

5.6 PUNJAB AND THE SIKHS

5.6.1 Sikhs form a religious and cultural community of some 16 million, less than 2% of the Indian population. Some 80% of Sikhs live in Punjab [4a] where they form the majority (about two thirds) of the inhabitants. [6b] The Sikh religion was founded by Guru Nanak (1469-1539), a high caste Hindu who denounced social and state oppression. He took monotheism from Islam, but rejected Ramadan, polygamy and pilgrimages to Mecca. He also rejected Hindu polytheism, the caste system and sati (sacrificing a widow on her husband's funeral pyre). Nine gurus succeeded Nanak. The Sikh commandments include certain prohibitions, notably against alcohol and tobacco. For men the Sikh religion requires observance of the "5 Ks": Kes (uncut hair and beard); Kacch (breeches); Kirpan (a double edged sword); Kangh (a steel comb); and Kara (an iron bangle). [4a]

5.6.2 New religious ideologies early in the 20th century caused tensions in the Sikh religion. The Akali Dal (Army of the Immortals), a political-religious movement founded in 1920, preached a return to the roots of the Sikh religion. The Akali Dal became the political party which would articulate Sikh claims and lead the independence movement. [4a]

5.6.3 Following the partition of India in 1947, the Sikhs were concentrated in India in east Punjab. Sikh leaders demanded a Punjabi language majority state which would have included most Sikhs. Fearing that a Punjabi state might lead to a separatist Sikh movement, the Government opposed the demand. [22] In 1966 a compromise was reached, when two new states of Punjab and Haryana were created. Punjabi became the official language of Punjab, and Chandigarh became the shared capital of the two states. However the agreement did not resolve the Sikh question. [4a]

5.6.4 In 1977, Sant Jarnail Singh Bhindranwale, an obscure but charismatic religious leader, made his appearance. He preached strict fundamentalism and armed struggle for national liberation. His speeches inflamed both young students and small farmers dissatisfied with their economic lot. [4a]

5.6.5 Tensions between Sikhs and New Delhi heightened during the 1980s, as the government did not respond to Sikh grievances. Over the years that followed, Punjab was faced with escalating confrontations and increased terrorist incidents. Akali Dal only achieved limited concessions from the government and Sikh separatists prepared for battle. In the Golden Temple enclosure 10,000 Sikhs took an oath to lay down their lives if necessary in the struggle. Renewed confrontations in October 1983 resulted in Punjab being placed under central government authority. [4a]

5.6.6 The violence continued and hundreds of Sikhs were detained in the first part of 1984. Followers of Jarnail Singh Bhindranwale, established a terrorist stronghold inside the Golden Temple. The Prime Minister, Indira Gandhi, then initiated Operation Blue Star which took place on 5-6 June 1984. The Golden Temple was shelled and besieged by the army to dislodge the terrorists. The fighting continued for five days. Bhindranwale was killed and there was serious damage to sacred buildings. [22]

5.6.7 Official figures put the casualties at 493 "civilians/ terrorists" killed and 86 wounded, and 83 troops killed and 249 wounded. Later in the year official sources put the total number killed at about 1,000. Unofficial sources estimated that the civilian casualties alone were much higher. There were apparently more than 3,000 people in the temple when Operation Blue Star began, among them 950 pilgrims, 380 priests and other temple employees and their families, 1,700 Akali Dal supporters, 500 followers of Bhindranwale and 150 members of other armed groups. [22]

5.6.8 The intervention had disastrous consequences for the Sikh community and the whole country. Sikh-Hindu communalism was aggravated, Sikh extremism was reinforced, and political assassinations increased. [4a]

5.6.9 On 31 October 1984 Indira Gandhi was assassinated in New Delhi by two Sikh bodyguards. In the days that followed, anti-Sikh rioting paralysed New Delhi, ultimately claiming at least 2,000 lives; unofficial estimates were higher. Sikhs were also attacked in other cities in northern India. [22]

5.6.10 A peace agreement was concluded between the Indian Government and moderate Akali Dal Sikhs led by Harchand Singh Longowal in July 1985, which granted many of the Sikh community’s longstanding demands. However the extremists regarded Longowal as a traitor to the Sikh cause and he was assassinated in August 1985. Moreover the promised reforms did not take place. [22]

5.6.11 In 1987 the state government was dismissed and Punjab was placed under President's Rule. Extremists spread terror throughout Punjab and the Indian government mounted a campaign of anti-terrorist measures designed to restore the situation in Punjab to normal. In May 1988 the Punjab police and Indian paramilitary forces launched Operation Black Thunder against armed extremists who had again created a fortified stronghold within the Golden Temple. At least 40 extremists and several police officers were killed during the battle. [1], [22] & [4a]

5.6.12 President's Rule was finally brought to an end following elections in February 1992, which were won by Congress (I). However the elections were boycotted by the leading factions of Akali Dal and attracted an extremely low turnout (only about 22% of the electorate). Beant Singh of the Congress (I) was sworn in as Chief Minister, but his government lacked any real credibility. Despite the continuing violence between the separatists and the security forces, the large turnout in the municipal elections in September 1992, the first in 13 years, afforded some hope that normality was returning to Punjab. The local council elections in January 1993, the first for 10 years, also attracted a large turnout. [1]

5.6.13 On 31 August 1995 Beant Singh, Chief Minister of Punjab, was killed by a car bomb which exploded close to his car outside the Punjab Secretariat in Chandigarh. 15 security men and aides were also killed. Babbar Khalsa claimed responsibility and three suspects were later arrested. [10c]

5.6.14 State Assembly elections were held on 7 February 1997 and the alliance of Shiromani Akali Dal and the Bharatiya Janata Party swept to power, routing the ruling Congress party. The number of seats won by the parties was:

5.6.15 On 12 February 1997 Prakash Singh Badal was sworn in as Chief Minister. He has served as Chief Minister twice before, in 1970 and 1977. [10d]

5.6.16 Although the situation in Punjab had returned to normality, acts of violence continued. On 2 December 1996 a bomb exploded on a train near Chandigarh, killing 12 and injuring 37. An Akali Dal leader, Bachittar Singh, was ambushed by five gunmen and killed the previous day. In March 1997 at least seven were killed when a bomb exploded outside Jalandhar railway station. Then in July 1997, 33 were killed and 65 injured when a bomb exploded on a train in the Bhatinda area. [8g], [8h] & [10f]

5.6.17 Virtually all of the militant groups in Punjab pursued their campaign for a separate state of Khalistan through acts of violence directed not only at members of the police and security forces but also specifically at Hindu and Sikh civilians. [22]

5.6.18 Most of the militant groups in Punjab traced their origins to Sant Jarnail Singh Bhindranwale, a charismatic Sikh preacher who rose to prominence in the mid-1970s. After the storming of the Golden Temple the number of militant groups operating in Punjab grew. Some authorities claimed there were no more than 1,700 armed militants, while many journalists believed there may have been five times that number. [22]

5.6.19 The militants were organised into at least seven major groups and all theoretically operated under the authority of one of the Panthic Committees which functioned as decision making bodies and issued instructions. The main militant organisations were: the Khalistan Commando Force (Paramjit Singh Panjwar faction); Khalistan Commando Force (Zaffarwal); Khalistan Commando Force (Rajasthani group); Babbar Khalsa; Khalistan Liberation Force (Budhisingwala); Bhindranwale Tiger Force of Khalistan (Sangha); Bhindranwale Tiger Force (Manochahal); All India Sikh Student Federation (Manjit); All India Sikh Student Federation (Mehta Chawla); and the Sikh Student Federation (Bittu). [22]

5.6.20 In addition to this there were perhaps dozens of other groups, some representing splinter factions, as well as loosely organised armed gangs. [22]

5.6.21 After they first emerged in the early 1980s the militants assassinated civil servants, politicians, journalists, businessmen, other prominent individuals and ordinary Hindu and Sikh civilians. There were also indiscriminate attacks apparently designed to cause extensive civilian casualties, in some cases firing automatic weapons into residential and commercial areas, derailing trains, and exploding bombs in markets, restaurants and other civilian areas. Some of these attacks occurred outside Punjab in neighbouring states and in New Delhi. [22]

5.6.22 Motives for the attacks varied. Moderate Sikh political leaders were assassinated for opposing the militants. Other leaders were killed as a result of militant group rivalries. A number of militant groups tried to impose a Sikh fundamentalist ideology, issuing directives that stipulated appropriate conduct for Sikhs and prohibiting the sale of tobacco and alcohol. Failure to obey these orders meant punishment, including death. In late 1990 and early 1991 militant groups issued "codes of conduct" for journalists which also carried a death penalty for those who dared to disobey. Sikhs belonging to minority sects, which advocated practices perceived as heretical by orthodox Sikhs, were also murdered. [22]

5.6.23 Attacks on civilians were claimed as acts of retaliation for government violence. Other killings appeared to represent executions of suspected collaborators or informers. Militants also kidnapped civilians for extortion, frequently murdering their victims when their demands were not met. Threats were made to the minority Hindu population in an effort to drive them out of Punjab. As a result thousands of Hindus fled the state. [22]

5.6.24 The Sikh militant movement is no longer active in Punjab. The hard core militants have either been physically wiped out or are no longer in India. There are no reports in 1997 and 1998 of Sikh militants forcing the local population to provide them with assistance. There is no obvious support for the militants and the people of Punjab want peace. A few remaining Sikh militant leaders are now based in Pakistan and their activities appear to be ineffectual. [4g] Two militant organisations retain a capacity for activism, namely the Babbar Khalsa under the leadership of Wadawa Singh and the Khalistan Commando Force led by Paramjit Singh Panjwar. They are believed to retain bases in Pakistan and to have an international circle of support. [19b]

5.6.25 According to the available information, none of the Sikh groups or militant organisations in Punjab are banned, [28] although the Indian Government regards the wing of the AISSF led by Daljit Singh Bittu as a terrorist organisation, and Bittu himself is in Tihar jail in Delhi (September 1998). [19d]

5.6.26 Various human rights organisations have strongly criticised the Punjab police for their misuse of power during the 1980s and early 1990s. Amnesty International reported that those who were arrested were detained for months or years without trial under provisions of special legislation suspending normal legal safeguards, and reports of torture during interrogation were said to be common. The arrest and detention of some detainees remained unacknowledged for weeks or months. Amnesty had received reports that many people simply disappeared, with the security forces refusing to admit that they had ever been arrested. It was feared that many of them had been killed in custody. [3a]

5.6.27 Amnesty International detected a pattern to the arrests, detentions, torture and disappearances which they reported. They concluded that Sikhs were often arrested on mere suspicion that they were linked to armed secessionist groups. Family members of suspects were arbitrarily detained and tortured in order to extract information about the suspect's whereabouts or activities. Amnesty said that women had been arrested and tortured simply to deter them from giving food and shelter to Sikh militants. They described torture in police custody as routine and there were persistent allegations that political prisoners died in custody as a result of torture. [3a]

5.6.28 Amnesty International also reported that hundreds of members or sympathisers of armed Sikh groups were allegedly captured, sometimes tortured, and then extra-judicially executed, the killings attributed by the police to armed "encounters". Amnesty stated that the police repeatedly frustrated attempts to bring those accused of human rights violations to justice. Legal safeguards for the protection of human rights do not apply to those arrested under special legislation relating to national security. [3a]

5.6.29 Most detainees in Punjab were arrested under the Terrorist and Disruptive Activities (Prevention) Act (TADA), which allowed detention for up to one year without charge for investigation into broadly defined offences. Prisoners held under the Act could be tried in camera and the burden of proof was shifted onto the accused to prove his or her innocence. Amnesty International reported that TADA had been interpreted to include actions entirely unrelated to violent political offences, and that trials conducted under TADA fell far short of international standards for fair trial. [3a]

See also Security legislation: paragraphs 5.2.6 - 5.2.9

5.6.30 In a later report, Amnesty International expressed concern at a series of incidents in which Punjab police illegally transgressed their operational jurisdiction, travelling to other Indian states to carry out under-cover operations which resulted in serious human rights violations. [3b]

See also The current situation in Punjab: paragraphs 5.6.42 - 5.6.58; Internal flight for Sikhs: paragraphs 5.6.67 - 5.6.72

5.6.31 In the aftermath of the violence, many relatives of victims came forward to pursue redress in the courts through the filing of petitions in cases of disappearance and other human rights violations. However in attempting to pursue redress through the courts, many families have faced direct harassment from the police and long delays in the judicial process. Human rights defenders in Punjab continue to be at risk of harassment for their activities. [3g]

5.6.32 In 1995 the Human Rights Wing of the Shiromani Akali Dal published the findings of research it had conducted into illegal cremations by the police. The organisation produced records from cremation grounds in Amritsar district, showing how several hundred "unclaimed" bodies had been cremated by the police. In several cases it claimed to have evidence to show that the bodies were those of individuals who had disappeared following arrest by the police and alleged that its findings suggested that the Punjab police had illegally cremated the bodies of many of those who had disappeared and who had subsequently been extra-judicially executed. [3g]

See also paragraphs 5.6.59 - 5.6.61: NHRC's investigations in Punjab

5.6.33 The Medical Foundation for the Care of Victims of Torture examined 56 male Sikhs between 1991 and 1996, of whom all but two were educated to at least secondary school level, and roughly half came from farming families and worked on the farm after finishing their education or had farming related jobs. The majority had belonged to an organisation such as the All India Sikh Student Federation. Most had been arrested on many occasions, usually for a short time ranging from 1 to 10 days, but the total time in custody ranged from 2 days to 8 months. Most were held by the police in the village police station, and a large majority were never charged with any offence. Some of the Sikhs in the study stated that in addition to their detentions, they had been arrested, questioned and threatened many times, but not detained. [30]

5.6.34 All the Sikhs examined by the Medical Foundation as part of the study claimed they had been severely ill-treated, usually worse in the first few days of detention. The methods of ill treatment included being beaten unconscious; being beaten with fists, boots, lathis (bamboo canes), leather belts with metal buckles, pattas (leather straps with wooden handles), rifle butts, metal rods or a metal chain. They were beaten on various parts of the body, including over the head and on the soles of the feet. Many had been suspended by the wrists or ankles and beaten; some had had their wrists tied behind their back and then were suspended, causing injuries to the shoulder joints. Electric shocks were given. [30]

5.6.35 Another torture method consisted of forcing the hips strongly apart, often to 180 degrees, repeatedly or continuously. A thick wooden roller or a ghotna (a pestle 4 feet long and 4 inches in diameter used for grinding corn) was often rolled down the calves or thighs with one or more of the heaviest policemen standing on it. [30]

5.6.36 Much of this abuse took place during interrogation sessions, but beatings also occurred randomly at other times, including late at night when the policemen were drunk. [30]

5.6.37 As well as physical abuse, many suffered psychological abuse such as threats of further punishment, death or harm to their families, mock executions and extreme humiliation. [30]

5.6.38 The Medical Foundation found that some of the Sikhs in their study were released spontaneously after representations by the village elders, a politician or lawyer, but on many occasions only after the payment of a large bribe. [30]

5.6.39 Hundreds of police officials have not been held accountable for the serious human rights abuses of the early 1990s, but steps have been taken against some of them. The CBI is actively pursuing charges against dozens of police officials implicated in the "mass cremations" case in Tarn Taran. (Source [20] pages 8-10 gives further details of the Cremation Grounds Investigation and the disappearance of Jaswant Singh Khalra, then head of the Human Rights Wing of Akali Dal). Approximately 100 police officials in Punjab were either facing charges, had been prosecuted, or were under investigation for human rights abuses at the end of 1998. [2a]

5.6.40 The Times of India in September 1997 reported Union Home Ministry figures that 123 police officials were facing trial for taking alleged illegal steps against terrorists, while 2,555 petitions had been filed against Punjab police officers by individuals and human rights organisations. The same article referred to a protest by Punjab police which said that police officers who had played a key role in containing terrorism in Punjab were now being harassed and hounded for alleged excesses and human rights violations. The protest gained momentum following the suicide of the former Tarn Taran SSP Ajit Singh, who the police claim was driven to this step because of a "witch hunt". [13a]

5.6.41 India Today reported that police officers in Punjab felt abandoned by the government and frustration is mounting in the force as more than 2,000 officers are being brought to account for the extra-judicial methods that were employed in fighting terrorism. In 1995, 585 petitions were filed in different courts. The number had doubled by June 1997, by which time the Punjab police were facing 85 CBI and 91 judicial probes. 30 policemen were in jail, around 100 were out on bail and 140, including seven SPs were facing prosecution. Further charges are expected as the CBI investigate cases involving unidentified bodies, mass cremations and disappearances from police custody. [11f]

See also National Human Rights Commission: paragraphs 5.2.14 - 5.2.27

5.6.42 The UN Special Rapporteur on Religious Intolerance was informed by political representatives during his visit to India in December 1996 that Sikhs were the victims of a policy of intolerance and discrimination based on religion pursued by the authorities. This policy of religious repression reached a climax in June 1984 with the storming of the Golden Temple in Amritsar, and was followed by reprisals against Sikhs throughout India, but particularly in Delhi, after the murder of the Prime Minister Indira Gandhi on 31 October 1984 by her Sikh bodyguards. It was alleged that Sikhs were being subjected to State terrorism which found expression in the desecration of holy places, murders, extra-judicial executions and forced disappearances of Sikhs. [6b]

5.6.43 The individuals who expressed these views to the Special Rapporteur stated that this policy had become less violent recently but was still being pursued by indirect means, such as the continuing presence of Indian security forces at the Golden Temple. [6b]

5.6.44 The Special Rapporteur was informed by other sources, including non-governmental and religious organisations, that the situation of conflict which existed in Punjab had no religious basis, rather it was purely political. The authorities were combating the development of a militant Sikh terrorist movement campaigning for a separate and autonomous Sikh state. The terrorists used religion to secure the support of Sikhs for a political cause. Certain Sikh political parties had exploited that situation for their own ends in the hope of obtaining advantages and concessions from the authorities and of increasing their influence among the Sikh population by creating confusion between religious and political matters. [6b]

5.6.45 According to these sources, the purpose of Operation Blue Star (the storming of the Golden Temple) undertaken in June 1984 had been to expel armed Sikh extremists from the sanctuary. There had been no intention of attacking the religious identity of Sikhs. The continued presence of security forces at the Golden Temple was necessary to remain vigilant against any attempt at destabilisation. Access to the place of worship had not been hindered. [6b]

5.6.46 These sources concluded that there was no religious problem, Sikhs enjoyed all their constitutional rights in the field of religion, including freedom of belief, freedom to practice their religion and freedom to proselytise. [6b]

5.6.47 The UN Special Rapporteur's own conclusions based on the information he had received, and as set out in his report of February 1997 was that the situation of Sikhs in the religious field is satisfactory. There were difficulties in the political field (foreign interference and terrorism) and economic field (in particular with regard to the sharing of water supplies). The Special Rapporteur noted information that there was discrimination in certain sectors of public administration, for example fewer Sikhs in the police force and no Sikhs in personal bodyguard units. Malfunctions in the administration of justice were described but they were connected with the anti-terrorist campaign rather than the Sikh beliefs of the accused. [6b]

5.6.48 Shortly after the 1992 elections, newspapers and magazines began to report that the situation in Punjab was improving. An indication of this was the vastly increased turnout at the local elections, in spite of terrorist threats. India Today in three articles reported agriculture and industry were returning to normal production levels. Punjabi-based business groups as well as multi-nationals were returning to the state; expansion plans were being drawn up and exports were improving. Indeed projects intended for other states have been relocated to Punjab. Hindu migrants were returning to the state and reclaiming their farms and factories. Social and cultural functions were again being held. [11e]

5.6.49 The South East Asia Straits Times reported that Punjab had returned to the path of peace and prosperity once more. Police roadblocks and the constant military presence had gone. Businesses had re-established themselves and prosperity and affluence were clearly evident. [18a]

5.6.50 The Documentation, Information and Research Branch (DIRB) of the Canadian Immigration and Refugee Board interviewed four specialists on the situation in Punjab in January 1997. The panel broadly agreed that Sikh militancy in Punjab had been virtually eliminated. Militant organisations have been shut down, reduced in size or seriously weakened. Nevertheless the Sikh search for some sort of political supremacy in the region remained a powerful ideology, and although the militants' ability to assert themselves had been suspended, perhaps temporarily, future Sikh militant action could not be discounted. [4f]

5.6.51 The panel agreed that the central government has been attempting to rein in the Punjab police, who during the insurgency were responsible for large numbers of extrajudicial executions and disappearances. Investigations into allegations of human rights abuses have sent a strong signal that the climate of impunity for the Punjab police is ending, even though that climate has been deeply ingrained over many years and will take a long time to change. Reference is also made to the extensive human rights training for the police in India, which is seen as an example of the general trend in India towards recognising and addressing systemic problems with the police. [4f]

5.6.52 The Supreme Court was seen as clearly attempting to address the failure of the judiciary up until the mid 1990s to deal with human rights violations. Judicial protection in Punjab had improved and many people were using the judicial system. People who are not high profile militant suspects are not at risk in Punjab. They have much less to fear from the police and now have better access to judicial recourse if they are treated improperly. [4f]

5.6.53 The DIRB also interviewed representatives of three human rights groups which work in Punjab, and one human rights lawyer from Punjab. All were agreed that the human rights situation in Punjab had improved since the violence between 1984 and 1995. However there had been two recent cases of disappearances: those of the human rights worker Jaswant Singh Khalra in September 1995 and of Akali Dal (Mann) Publicity Secretary Kashmir Singh in March 1997. Torture and ill treatment in custody remain serious problems, but this was said to be a problem throughout India, not just in Punjab. [4h]

5.6.54 The human rights activists were of the opinion that the root causes of discontent and political friction in Punjab had not been addressed, and the legacy of 55,000 civilian deaths and 1,700 police deaths between 1984 and 1994 would not be erased easily. The state government of Punjab, although elected to fight state repression, had not been able to bring about a greater improvement in human rights observances, partly because of constraints from the central government in New Delhi. [4h]

5.6.55 Sikhs are coming forward in increasing numbers to press claims against the authorities, and people are beginning to have faith in the judicial process. Sikhs are bringing cases to human rights lawyers to be taken up in court, rather than to human rights groups for investigation, even though there are few lawyers taking on this type of work. However the human rights organisations were sceptical about the outcome of court cases against police officers, since the government is providing senior lawyers to defend them and is still posting many officers to areas in which they are alleged to have committed abuses. [4h]

5.6.56 Dr Cynthia Keppley Mahmood of the University of Maine agrees that conditions in Punjab have greatly improved since the worst days of the early 1990s, and that it is no longer accurate to say that any Sikh is at risk of persecution simply because of his or her religion. She refers to the work of the National Human Rights Commission and the prosecutions of individuals accused of human rights violations. Overt support for the militants has slipped dramatically, but the grievances which prompted the Khalistan movement are still there.

5.6.57 However Dr Mahmood points out that human rights abuses continue to occur in Punjab, the police are still out of control in many areas, and human rights workers have themselves been targets of harassment and abuse. Lawyers are encountering difficulties in getting cases against individuals accused of human rights violations actually organised and heard, because of pressure from the authorities to withdraw charges. Dr Mahmoud concludes that the current improvement does not represent a durable and fundamental shift in the Indian human rights climate. [19a], [19b] & [19c]

5.6.58 Sikhs do not constitute a persecuted group at the present time, and rank and file members of groups that were at one time targeted eg the AISSF, are in general terms now safe. There are exceptions such as people with a local history of abuse at the hands of the police, who may continue a personal vendetta; and militants together with their close relatives and supporters who continue to be followed as potential seeds for further rebellion. [4h]

5.6.59 On 12 December 1996 the Supreme Court gave an order requesting the NHRC to examine the allegations contained in two petitions filed in the Court. These alleged a pattern of human rights violations in Punjab and linked these to research, which found evidence of illegal cremations by Punjab police. However there has still been no comprehensive or consistent investigation into the allegations of human rights violations contained in the petitions. After a protracted debate about the role the NHRC should play in carrying out the Supreme Court's order, the NHRC issued an order in January 1999 which focused solely on the allegations of illegal cremations by police in one district of Punjab and would restrict the NHRC's role to awarding monetary compensation to only those families who can prove that their relatives were illegally cremated by police in that district between 1984 and 1994. [3g]

5.6.60 The original petitioners in the Supreme Court case are going back to the Court to ask that it clarify its original order or give further directions to the NHRC. [3g]

5.6.61 Amnesty International called on the Chair of the NHRC to review its order of January 1999, because the Supreme Court's order provided the NHRC with a unique opportunity to investigate a suspected pattern of grave human rights violations by the state and to ensure redress to hundreds of victims. Looking exclusively at only those cases where there is proof of illegal cremation by the police would exclude a vast number of human rights violations which have been reported from the state and which were referred to in the original petitions. Amnesty are further concerned that the NHRC appears to have restricted its role to that of awarding monetary compensation to relatives of victims of human rights violations. While compensation is part of redress, Amnesty believes that all the components of redress set out in Article 2 of the International Covenant on Civil and Political Rights should be applied ie restitution, compensation, rehabilitation, and guarantees of non-repetition. [3g]

5.6.62 The Punjab State Human Rights Commission started work in July 1997 under the chairmanship of Justice V K Khanna, a former Chief Justice of the North East states. The Commission received 90 complaints of human rights violations in 1997, and 583 up to August 1998. 170 cases have been dealt with. The Commission has intervened in a number of cases of police excesses, torture and custodial deaths, and the Punjab Government has been forced to pay compensation. The Commission has started to inspect jails, with prior notice being given to the State Government, but the Commission wants the power to make unannounced visits. [12a]

See also Human rights concerns in Punjab: paragraphs 5.6.26 - 5.6.32

5.6.63 This Committee came into existence in November 1997, when a variety of human rights organisations and political groups came together. Its purpose was to develop a voluntary mechanism to collect and collate information on disappearances in Punjab; to evolve a workable system of state accountability; and to lobby for India to change its domestic laws to conform to UN instruments on torture, enforced disappearances and accountability. The Committee was set up following the demand of Indian human rights groups that the independent and thorough investigation into complaints of disappearances in Punjab be allowed to proceed unhampered. [20]

5.6.64 The Committee first met in December 1997, when it called on the Punjab State Government to constitute a Truth Commission to investigate all reports of human rights violations in the State. The Committee also decided to form a Peoples' Commission to undertake the enquiries as the Punjab Government declined to do so. [20]

5.6.65 The (unofficial) People's Commission on Human Rights met in Chandigarh on 8-10 August 1998. It comprised Justice D S Tiwatia, former Chief Justice of the Calcutta High Court, Justice H Suresh, retired judge of the Maharashtra High Court, and Justice Jaspal Singh, former judge of the Delhi High Court. [12a] The Commission was set up as an independent tribunal to examine complaints of illegal abductions, custodial torture, enforced disappearance, summary execution and illegal cremation. [20] The Commission has no legal jurisdiction, but it gave people who had suffered human rights abuses at the hands of the police the opportunity to air their grievances. Nearly 70 police officers who were implicated in cases of disappearances were identified for issue of notices to file their replies or appear in person before the Commission.

5.6.66 The Commission was scheduled to sit again in Ludhiana in October [12b] & [12c] and in Amritsar in November 1998, but both sittings were deferred. [12e]

5.6.67 The Indian Constitution guarantees Indian citizens the right to move freely throughout the territory of India, and to settle and reside in any part of the country. These rights are subject to restrictions as imposed by law in the interests of the general public. Punjabi Sikhs are able to relocate to another part of India and Sikhs outside Punjab are feeling more secure now than at any other time since the 1984 riots. Sikhs are a mobile community and as a result, there are Sikh communities all over India. [4i]

5.6.68 Some 4 million Sikhs live in India outside Punjab. Sikh communities are found in most Indian cities and in virtually all states. At the time of the 1981 census some 8% of Delhi's population was Sikh. They are generally urban and prosperous and they control important trades and occupy a prominent position within the central and regional administration. [4c] Most Sikhs, particularly the better educated and urban Sikhs, have some knowledge of English and/or Hindi. Punjabi Sikhs would have no more problem enrolling their children in school or obtaining employment than any other Indian relocating to a new area. [4i]

5.6.69 The increase of Sikh militancy outside Punjab during the period of insurgency led to instances of harassment of moderate Sikhs by extremists and to greater police surveillance of the Sikh community. There were also instances of communal violence, usually during periods of chaos and unrest that follow attacks by Sikh militants on Hindu targets. Some 2,150 Sikhs were killed in Delhi during the 1984 anti-Sikh riots that followed Indira Gandhi's assassination, and 50-60,000 fled the city. [4c]

5.6.70 However, at present there are no checks of any kind on a newcomer to any part of India arriving from another part of India, even if the person is a Punjabi Sikh. Local police forces have neither the resources nor the language abilities to perform background checks on people arriving from other parts of India. There is no system of registration of citizens, and often people have no identity cards, which in any event can be easily forged. [4i]

5.6.71 Sources disagree whether the Punjab police would pursue an individual they wanted to another part of India: some say it is unlikely, unless the individual had a very high profile or the Punjab police secured the involvement of the Central Bureau of Investigation or the Central Reserve Police Force. There have been instances where the Punjab police have acted on their own, for example where they pursued and killed, in May 1993 and June 1994, former residents of Punjab who had relocated to West Bengal and Nepal. [4i]

5.6.72 Other sources indicate that the Punjab police would be likely to pursue someone they wanted outside the state. People at risk would include militants or perceived militants and their families and close supporters. "History sheeters" ie those with a record of previous arrests and detentions and "habitual offenders" - those who are rounded up whenever anything untoward happens might also be at risk. Lists of habitual offenders are apparently distributed across India via the police computer system. [4i]

5.7 KASHMIR

5.7.1 The former Himalayan principality of Kashmir has been disputed by India and Pakistan since independence in 1947. It has been the cause of two of the three wars between India and Pakistan. India controls the state of Jammu and Kashmir, which constitutes two thirds of the region and is the only Muslim majority state in India. The remainder, Azad Kashmir, is part of Pakistan. [9c]

5.7.2 On Partition in 1947, Kashmir with its largely Muslim population was expected to go to Pakistan. The Hindu ruler wanted Kashmir to stay independent but faced a revolt in the west and the threat of invasion by Pathan tribesmen from Pakistan. In October 1947 the Maharajah signed an instrument of accession to India in return for military aid and the territory became a battlefront in fighting between India and Pakistan. A ceasefire came into effect in 1949. [9c] A UN Military Observer Group (UNMOGIP) has been in place monitoring this line ever since (redefined as the "Line of Control" after the 1971 war). [7d] Two further wars in 1965 and 1971 left positions virtually unchanged but convinced neither side to drop its claim to the whole of the territory. [9c]

5.7.3 The area to the east of the Line of Control (Ladakh, the Kashmir Valley and most of Jammu) constitutes the Indian state of Jammu and Kashmir. Muslims form about 95% of the population of the Kashmir Valley, while Hindus are in the majority in Jammu (about 65%). [7d]

5.7.4 The status of Kashmir remains highly sensitive for both India and Pakistan; many of the Kashmir Valley's population are unreconciled to being included in India but are divided as to whether they would prefer independence or to join Pakistan. Under the peace agreement signed at Simla in July 1972, both sides agreed "to settle their differences by peaceful means through bilateral negotiations or by other peaceful means mutually agreed on between them", and they committed themselves to a final settlement of the problem. The Indians have since held that, by this agreement, Pakistan is precluded from invoking the United Nations resolutions in an effort to resolve problems with India. Pakistan does not accept this interpretation and regularly calls for a peaceful settlement "on the basis of the UN resolutions and in the spirit of the Simla Agreement". [7d]

5.7.5 Within Jammu and Kashmir, there was growing dissatisfaction throughout the 1980s with what was seen as increased corruption in local government and interference by central government. This came to a head after the 1987 state elections which were widely viewed as having been rigged in favour of the Congress (I) backed Kashmir National Conference and against the Muslim United Front. Incidents of violence in Kashmir increased. The Indian army was sent into the state in large numbers after the state government was dismissed and President's Rule was imposed in 1990. [4d] This lasted until the 1996 state assembly elections. [9c] Following select killings of community members and widespread anarchy, almost the entire Hindu community (Pandits) of the Kashmir Valley is reported to have fled during 1989-90 when numerous secessionist groups took control of the region. [21]

5.7.6 Tensions escalated in October 1993 following the siege of the Muslim shrine of Hazratbal in Srinagar by the Indian security forces which continued until August 1994, sparking protests, strikes and hunger strikes. [4d] A further wave of anger swept through the Kashmir Valley following the Indian Army operation in Charar-e-Sharief in May 1995, as a result of which 20 militants and 2 soldiers were killed and a fire engulfed more than half the town, including the shrine. [11g]

5.7.7 Parliamentary elections were held in Kashmir in May 1996 after six years of fighting. The National Conference boycotted the elections, in which Congress (I) won 4 of the 6 seats. [10g], [8i] & [8j] Parliamentary elections were also held in 1998 in which the National Conference won 3 seats, the BJP 2 seats and Congress (I) 1 seat. The All Parties Hurriyat Conference called for a boycott of the poll. Polling was peaceful, although there were six incidents, apparently minor, when militant groups attempted to disrupt the voting by throwing grenades and exploding land mines. The Hindustan Times reported that some 30% to 40% of voters turned out. [9e], [14a] & [14b]

5.7.8 Elections for the Jammu and Kashmir State Assembly were held in September 1996, the first since the previous elections in 1987. The previous assembly was dissolved in February 1990 and the state had been under direct rule from New Delhi since then. All the major parties participated in the election, with the exception of the All Parties Hurriyat (Freedom) Conference which boycotted the poll. The elections took place amid tight security and fears that militants would disrupt the elections. There was violence in scattered areas with deaths and shooting across the border with Pakistan, anti-government protests, bombings, state-wide strikes and the detentions of separatist leaders. A record number of candidates stood for election. The elections were seen as free and fair in some areas of the state, while in others there were irregularities, and claims that people were being coerced to vote. There were protests against the elections in (Pakistan controlled) Azad Kashmir. [8k] & [8m]

5.7.9 The election results were: [1]

5.7.10 On 9 October 1996 Farooq Abdullah, chairman of the National Conference was sworn in as Chief Minister of Jammu and Kashmir. The All Parties Hurriyat (Freedom) Conference vowed to continue the fight against the government. [8p]

5.7.11 Under the new state government, the state police was restructured, strengthened from 38,000 to 50,000 men and prepared for a counter-insurgency role. The Special Operations Group (SOG), earlier known as the Special Task Force, was given more and better communications and transport facilities, training by security agencies and a supplement of some 12,000 Special Police Officers (SPOs), local people, including many renegades,