Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/india.txu

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TITLE:  INDIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995




Eleven detained foreigners petitioned the Delhi High Court in
July to investigate the delay in their trials and threatened a
hunger strike.  Four had been held for 4 to 7 years pending
completion of their trials.

The Government does not practice exile.

     e.  Denial of Fair Public Trial

India has an independent judiciary with strong constitutional
safeguards.  Under a Supreme Court ruling, the Chief Justice,
in consultation with his colleagues, has a decisive voice in
selecting judicial candidates.  The President appoints the
judges, and they serve up to age 62 in the state high courts
and 65 in the Supreme Court.

When legal procedures function normally, they generally assure
a fair trial, but the process can be drawn out and inaccessible
to the poor.  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.  This is not true for cases tried under TADA, which may
be appealed only to the Supreme Court.  Since many TADA
detainees lack the resources to appeal to the Supreme Court,
the Act effectively limits appeal.

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 provisions of
special security legislation such as TADA.  Sentences must be
announced in public.  TADA authorizes secret testimony to
protect witnesses and suspends the usual prohibition on the use
of evidence gathered through police interrogation.  Persons
charged under TADA with certain crimes are presumed guilty and
carry the burden of proving their innocence.  Human rights
groups credibly charge that these categories are so broad that
they can be manipulated to fit any case.  TADA trials are held
before special courts, which may sit "in camera" in any
district of the state where the crime was committed.

Constitutional challenges to the TADA have been raised on the
premise that it violates the defendant's right to due process,
abrogates the jurisdictional rights of the states by
eliminating appeal to the High Court, and that it is
incompatible with the constitutional guarantee of free speech.

Muslim personal status law governs many noncriminal matters
involving Muslims--including family law, inheritance, and
divorce.  The Government does not interfere in the personal
laws of the minority communities, with the result that laws
that discriminate against women are upheld.

In Kashmir, the judicial system barely functions due to threats
by militants against judges, witnesses, and their family
members and because of judicial tolerance of the government's
heavy handed anti-militant actions.  Courts there are not
willing to hear cases involving terrorist crimes or fail to act
expeditiously on habeas corpus cases.  As a result, there were
no convictions of alleged terrorists in Kashmir during 1994,
even though some militants have been in detention for years.
In Punjab, where a similar situation had existed, the courts
began to play a more assertive role in 1994 (see Sections 1.b.
and 1.c.).

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The police must obtain warrants for searches and seizures.  In
a criminal investigation, the police may conduct searches
without warrants to avoid undue delay, but they must justify
the searches in writing to the nearest magistrate with
jurisdiction over the offense.  The authorities in Jammu and
Kashmir, Punjab, and Assam have special powers to search and
arrest without a warrant.

The Indian Telegraph Act authorizes the surveillance of
communications, including monitoring telephone conversation and
intercepting personal mail--in cases of public emergency or "in
the interest of the public safety or tranquility."  These
powers have been used by every state government.

On May 25, the Punjab state government ordered the authorities
to intercept any mail addressed to or mailed by various Sikh
political, student, and lawyer groups, persons residing in
Pakistan, or any group or person considered a danger to the
state.  On July 25, the state High Court ordered the state
government to suspend implementing the order.

     g.  Use of Excessive Force and Violations of Humanitarian
         Law in Internal Conflicts

Both government forces and militants continue to commit serious
violations of humanitarian law in the disputed state of Jammu
and Kashmir.  Between 400,000 and 450,000 Indian army and
paramilitary forces are deployed in Jammu and Kashmir, but
their number substantially increased during 1994.  The Muslim
majority population in the Kashmir Valley is caught between the
repressive tactics of the security forces and acts of wanton
violence committed by the militants.  Under the Jammu and
Kashmir Disturbed Areas Act, and the Armed Forces (Jammu and
Kashmir) Special Powers Act, both passed in July 1990, security
forces personnel have extraordinary powers, including authority
to shoot to kill suspected lawbreakers and those disturbing the
peace, and destroy structures suspected of harboring militants
or arms.

The number of cases in which the security forces caused the
deaths of civilians diminished when compared with 1993.  In the
most serious case, 18 civilians and 3 members of the Kashmir
police died and 15 were injured in the village of Kupwara on
January 28.  Kashmiri sources claim the deaths, including those
of the policemen, occurred when security forces fired on a
crowd demonstrating near the district magistrate's office.
Security forces claim they returned fire when militants
attacked a military convoy passing through the town.  Results
of a magisterial inquiry have not been made public.

In April the NHRC released a report on the October 1993
incident in Bijbehara, in which Border Security Force (BSF)
personnel killed 41 civilians by gunfire.  In the report, the
NHRC asked the authorities to keep it informed about the
disciplinary proceedings initiated against 14 BSF personnel.
It also recommended compensation for the families of the
victims and a government review of BSF operations in situations
in which civilians may be affected.  A Commission of Inquiry
has not completed its investigation of the January 1993
incident in Sopore, in which a BSF unit fired on civilians,
killing 45, while responding to a hit-and-run attack by
militants.

There were credible reports that security forces retaliate
against civilians following attacks by Kashmiri militants.  In
March in Mahand village, seven persons, including two children,
died while asleep at home after a paramilitary unit set off an
explosion in apparent reprisal for an earlier landmine attack
on their own forces.

In July a Ministry of Defense spokesman announced in Srinagar
that a court-martial had sentenced two army enlisted men to 12
years' rigorous imprisonment for raping a Kashmiri woman 1
month earlier.  The announcement broke with the Government's
previous policy of not announcing the disciplinary sentences
handed down to security forces personnel in Kashmir.

Kashmiri militant groups were also guilty of serious human
rights abuses.  In addition to political killings and
kidnapings (see Sections 1.a. and 1.b.), militants engaged in
extortion and carried out acts of random terror that left
hundreds of Kashmiris dead.  A bus bombing near Jammu on July
16 killed 6 and left 27 injured.  According to the Government,
the number of deaths caused by militants, including the deaths
of hundreds of civilians, continued at a level comparable to
1993.  Also, according to the Government, these militant groups
killed about 70 members of rival factions, including 35
militants between January and mid-April 1994.  Such deaths were
said to have totaled about 100 in all of 1993.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution protects these freedoms, and with some
limitations they are exercised in practice.  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 criticizes
perceived government lapses.

The Press Council of India is a statutory body of journalists,
publishers, academics, and politicians, with a chairman
appointed by the Government.  Designed to be a self-regulating
mechanism for the press, it investigates complaints of
irresponsible journalism and sets a code of conduct for
publishers.  This code includes not publishing articles or
details that might incite caste or communal violence.  The
Council publicly criticizes newspapers or journalists it
believes to have broken the code of conduct, but its findings,
while noted by the press community, carry no legal weight.

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 in middle class neighborhoods via cable
and is gradually eroding the Government's monopoly on
television.

Under the Official Secrets Act (OSA), the Government may
restrict publication of sensitive stories, but the Government
sometimes interprets this broadly to suppress criticism of its
policies.  In January a journalist and two other persons were
prosecuted in Kerala under the OSA for photographing and
photocopying documents at an All India Radio (AIR) station in a
restricted area.  The journalist had earlier published a series
of articles critical of AIR's broadcasting.

The 1971 Newspapers Incitements to Offenses Act remains in
effect in Jammu and Kashmir.  Under the Act, a district
magistrate may prohibit the press from carrying material
resulting in "incitement to murder" or "any act of violence."
As punishment, the Act stipulates that the authorities may
seize newspapers and printing presses.  Despite these
restrictions, newspapers in Srinagar regularly carry militant
press releases attacking the Government and report in detail on
alleged human rights abuses.

The authorities allowed foreign journalists to travel freely in
Kashmir, where they regularly spoke with militant leaders, and
filed reports on government abuse.  Militant groups also
threatened journalists and editors and even imposed temporary
bans on some publications.

In January the Punjab police raided the office of the Punjabi
daily Aj Di Awaz and arrested several employees under the
TADA.  The authorities subsequently released all the detainees
except editor Gurdip Singh on bail, and the newspaper has
resumed publication.  In another incident, the police detained
a Punjabi journalist for 4 days for questioning about press
releases issued by militants.  On July 1, police officers beat
two journalists who had asked Punjab Director General of
Police, K.P.S. Gill, embarrassing questions at a press
conference in Delhi.

On July 3, the authorities in Assam arrested Ajit Bhuyan and R.
N.D. Barua, the editors of two local newspapers, under the TADA
on suspicion of their links with Assamese militants.  Bhuyan,
who also heads a local human rights group, claimed he was
interrogated about the sources of articles on official
corruption but not about possible links with militants.  At
year's end, both were released on bail.

In late December 1993, the authorities filed charges under the
TADA against a newspaper editor, Parag Kumar Das, following his
publication of a book advocating Assam's independence.  The
police reportedly confiscated his manuscript and all copies of
the book.

A government censorship board reviews films before licensing
them for distribution.  The board deletes material deemed
offensive to public morals or communal sentiment.  Producers of
video news magazines must also submit their products to a
government censorship board, which occasionally censors stories
that portray the Government in an unfavorable light.  The
board's ruling may be appealed and overturned.  In March the
board's decision to ban a film on the 1992-1993 riots in Bombay
was overturned.

Citizens enjoy complete academic freedom, and students and
faculty espouse a wide range of views.  In addition to 10
national universities and about 160 state universities, states
are empowered to accredit locally run private institutions.

     b.  Freedom of Peaceful Assembly and Association

The Constitution protects the right of peaceful assembly and
the right to form associations, and these rights are generally
respected in practice.

Authorities sometimes require permits and notification prior to
holding parades or demonstrations, but local governments
ordinarily respect the right to protest peacefully.  At times
of civil tension, authorities may ban public assemblies or
impose curfew under Section 144 of the Criminal Procedure
Code.  The authorities in Punjab frequently imposed such
restrictions in previous years but limited their use in 1994;
opposition Akali parties were permitted to hold public rallies
and conduct membership drives.

However, in Andhra Pradesh the authorities arrested 400 persons
in February for violating Section 144 in an effort to prevent a
conference on "Suppression of People's Movements," sponsored by
the Communist Party--Marxist Leninist.  In northeastern India,
the authorities used Section 144 to prohibit members of the
Bodo tribe from entering the Darrang District and to prohibit
rallies by the All Assam Students' Union.  The authorities also
invoked Section 144 to prohibit entry into the Dhule District
by activists opposing construction of the Narmada dam.

The Unlawful Activities (Prevention) Act prohibits the
establishment of organizations that promote communal hatred.
The Government has used this Act to prohibit two organizations,
one Hindu and one Muslim, after Hindus destroyed a mosque in
Ayodhya in December 1992.  However, the authorities do not
rigorously enforce this law.  Srinagar and other parts of Jammu
and Kashmir were under sporadic curfew during much of the year.

     c.  Freedom of Religion

India is a secular state in which all faiths generally enjoy
freedom of worship.  Government policy does not favor any
religious group.  There is no national law to bar proselytizing
by Indian Christians.  Foreign missionaries can generally renew
their visas, but since the mid-1960's the Government has
refused to admit new resident missionaries.  Those who arrive
now do so as tourists and stay for short periods.  As of
January 1993, there were 1,923 registered foreign Christian
missionaries in India.  As in the past, state officials refused
to issue permits for foreign Christian missionaries to enter
some northeastern states.  Tensions between Hindus and Muslims
continue to pose a challenge to the secular foundation of the
State (see Section 5).

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

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 of 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.

Citizens may emigrate without restriction.  Millions of people
of Indian origin live abroad.

Although India is not a signatory to the U.N. Convention and
Protocol on Refugees, the Government follows its general
principles.  The Government recognizes certain groups,
including Chakmas and Tamils from Sri Lanka, as refugees by
providing assistance in refugee camps or in resettlement areas,
as in the case of Tibetans.  The Government neither deports
Afghans, Burmese, and other nationalities nor recognizes them
as refugees.  Instead, these people receive renewable residence
permits and are recognized as refugees by the U.N. High
Commissioner for Refugees (UNHCR), or are ignored.

Pursuant to a 1993 agreement with the Government of Bangladesh
for expeditious repatriation of Chakma refugees, 1,850 were
repatriated in February and some 3,000 more were repatriated in
July and August.  Some human rights groups claim that in many
cases these repatriations were involuntary and refugees staged
a hunger strike to protest them.  The Government has rejected
offers by the UNHCR to monitor these repatriations.  Human
rights organizations and the press corroborate claims by
refugees that the Government has reduced rations and cash
assistance to refugee camps holding Chakmas to encourage their
repatriation.

According to the UNHCR, 102,437 Tamil refugees from Sri Lanka
were living in India in early September.  Of the total, 69,150
lived in 122 camps in the state of Tamil Nadu, 31,668 more are
living with friends and relatives, and 11,629 suspected of
militant activities are detained in special camps.  The state
government, using central Government resources, provides
shelter and subsidizes food to those in the camps.  Enforcement
of a Tamil Nadu government ban on nongovernmental organization
(NGO) assistance to the camps has been relaxed.  NGO's visited
the camps in 1994.  Voluntary repatriation under UNHCR
supervision continues.  According to the Government, 7,000 were
scheduled to be repatriated to Sri Lanka in early fall.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens exercise this right freely.  India has a democratic,
parliamentary system of government with representatives elected
in multiparty elections under universal adult suffrage.  A
Parliament sits for 5 years unless dissolved earlier for new
elections, except under constitutionally defined emergency
situations.  State governments are elected at regular intervals
except in states under President's rule, i.e., rule from the
center.

On the advice of the Prime Minister, the President may proclaim
a state of emergency in any state in the event of war, external
aggression, or armed rebellion.  Similarly, President's rule
may be declared in the event of a collapse of a state's
constitutional machinery.  The Supreme Court in May upheld the
Government's authority to suspend fundamental rights during an
emergency.

The Home Ministry has indicated its desire to replace
President's rule with an elected state government in Jammu and
Kashmir but says law and order problems are an obstacle to the
holding of state assembly elections.  President's rule remained
in effect in Jammu and Kashmir throughout the year.
President's rule in Manipur was extended on May 11 and was in
effect through the entire year.  President's rule in the states
of Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, and
Rajasthan, invoked following the December 1992 Ayodhya crisis,
ended with state assembly elections in November 1993.  A state
assembly for the national capital territory of Delhi was
elected for the first time in November 1993.

The Constitution reserves seats in Parliament and state
legislatures for "scheduled tribes" and "scheduled castes" in
proportion to their population (see Section 5).  Indigenous
people participate actively in national and local politics, but
their impact depends on their numerical strength.  In
Northeastern states, indigenous peoples are a large proportion
of the population and consequently exercise a dominant
political influence in the political process.  In Maharashtra
and Gujarat, on the other hand, tribal peoples are a small
minority and have been unsuccessful in blocking projects they
oppose.

There are no legal impediments to the participation by women in
the political process.  A large proportion of women participate
in voting throughout the country, and numerous women represent
all major parties in the national and state legislatures.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Independent human rights organizations operate throughout India
investigating abuses and publishing their findings which are
often the basis for reports by international human rights
groups.  However, the police targeted human rights monitors for
arrest and harassment.  As noted in Section 1.b., the police in
Punjab abducted a lawyer involved in defending accused Punjabi
militants, and he subsequently disappeared.

The Government appointed a National Human Rights Commission
(NHRC) in October 1993 with powers to investigate and recommend
policy changes, punishment, and compensation in cases of police
abuse.  In addition, the NHRC is directed to contribute to the
establishment, growth and functioning of nongovernmental human
rights organizations.  The Government appoints the members and
finances the activities of the NHRC, which is prohibited by
statute from investigating allegations of abuse involving army
and paramilitary forces.  Indian human rights groups criticized
the legislation creating the NHRC; they remain skeptical, but
have indicated that thus far most of their concerns appear to
be unfounded.  In its first year of operation, the NHRC
received 3,000 complaints of human rights abuses and
investigated cases in nearly every state in India.  Despite the
limitation on its activity, the NHRC also investigated
allegations of abuse by paramilitary forces.

Disposition of this case load was not available at year's end.
During its first six months of operation, The NHRC considered
496 complaints, recommended punishment and compensation in 174,
dismissed 274, and sent 48 to other fora.  The NHRC's report on
the October 1993 killing of 41 civilians in Bijbehara, Kashmir
was described as "hard hitting" by an international human
rights group.  In addition to closely following court martial
proceedings initiated against 14 BSF members, the NHRC
recommended that the BSF conduct a full review of force
deployment in civilian areas and pay compensation to the
families of the victims.  The Commission directed district
magistrates nationwide to report all cases of custodial death
to it within 24 hours or be presumed to have attempted a
coverup.  A typical example inquiry into a custodial death by
the NHRC was that of the case of Madan Lal.  The Delhi police
complied with all the Commission's recommendations including
the institution of departmental proceedings against a police
officer who had threatened witnesses (See Section 1.a.).

The Commission's report on its visit to Punjab strongly
criticized the state government for abuses by police and
recommended corrective measures.  At year's end, the state
government had not responded to the NHRC's recommendations.

The Government granted requests for visits to India by some
international human rights organizations but refused others.
In January it permitted Amnesty International to visit Bombay,
the first such visit in 14 years to visit to India.

In March the Government permitted representatives of the
International Committee of the Red Cross (ICRC) to make a
humanitarian needs survey in Jammu and Kashmir.  The survey
resulted in a formal offer of ICRC's services.  Discussions
were not concluded at year's end.  ICRC representatives also
conducted training of police and border security force
personnel in international humanitarian law.

However, the Government refused a requested visit by the U.N.
Human Rights Commission's Special Rapporteur on Extrajudicial,
Summary, or Arbitrary Executions to evaluate reported
violations of the right to life in Kashmir.  The Government
stated that the NHRC will undertake such investigations.  It
also denied entry visas to two Human Rights Watch researchers.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The traditional caste system as well as differences of
ethnicity, religion, and language deeply divide Indian society.
Despite laws designed to prevent discrimination, there are
other laws as well as social and cultural practices that have a
profound discriminatory impact.

     Women

India has an elaborate system of laws to protect the rights of
women, including the Equal Remuneration Act, the Prevention of
Immoral Traffic Act, and the Sati (widow burning) Prevention
Act and the Dowry Prohibition Act.  However, the Government
often is unable to enforce these laws, especially in rural
areas where traditions are deeply rooted.  Female bondage and
forced prostitution are widespread in parts of Indian society.
According to a government study, borne out by press reporting,
violence against women--including molestation, rape, kidnaping,
and wife murder ("dowry deaths")--has increased over the past
decade.

Domestic violence in the context of dowry disputes is a serious
problem.  In the typical dowry dispute, a groom's family will
harass a woman they believe has not provided sufficient dowry.
This harassment sometimes ends in the woman's death, which
family members often try to portray as a suicide or kitchen
accident.  Although most "dowry deaths" involve lower and
middle-class families, the phenomenon crosses both caste and
religious lines.

Government figures show a total of 5,377 dowry deaths in 1993,
an increase of about 12 percent from 1992.  Under a 1986
amendment to the Penal Code, the court must presume the husband
or the wife's in-laws are responsible for every unnatural death
of a woman in the first 7 years of marriage--provided that
harassment is proven.  In such cases, police procedures require
that an officer of deputy superintendent rank or above conduct
the investigation and that a team of two or more doctors
perform the postmortem procedures.

Nonetheless, convictions in dowry death cases are rare.
Lawyers note that judges and prosecutors, usually men, are
uninterested in cases of domestic violence and susceptible to
bribes.  In May the Law Ministry stated that in the Uttar
Pradesh High Court, 33 dowry death cases were pending from
1985, 26 from 1986, 35 from 1987, 54 from 1988, and 56 from
1989.  With few exceptions, the accused are free on bail.

The personal status laws of the religious communities
discriminate against women.  Under the Indian Divorce Act of
1869, a Christian woman may demand divorce only in the case of
spousal abuse and certain categories of adultery, while for a
man adultery alone is sufficient.  Under Islamic law, a Muslim
husband may divorce his wife spontaneously and unilaterally;
there is no such provision for women.  Islamic law also allows
a man to have up to four wives but prohibits polyandry.

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

There are thousands of grassroots organizations working for
social justice and economic advancement of women, in addition
to the National Commission for Women.  The Government usually
supports these efforts, despite strong resistance from
traditionally privileged groups.  This resistance is
illustrated by a September 1992 incident in rural Rajasthan
when a women's rights monitors was gang-raped by men who
objected to her work against child marriage.  Five accused
persons were arrested in December 1993; three were released on
bail in April.  The court case continues.

     Children

There are an estimated 500,000 street children nationwide.
Child prostitution in the cities is rampant, and there is a
growing pattern of traffic in child prostitutes from Nepal.
According to one estimate, 5,000 to 7,000 children, mostly aged
10 to 18, are victims of this traffic.

The Child Marriage Restraint (Amendment) Act of 1976 prohibits
child marriage, a traditional practice in northern India.  The
Act raises the age of marriage for girls to 18 from 15, but the
Government does not enforce it effectively.  According to one
report, 50 percent of the girls in Bihar, Rajasthan, Uttar
Pradesh and Madhya Pradesh are married at or before age 16.