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TITLE: INDIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
INDIA
India is a longstanding parliamentary democracy with a free
press, civilian-controlled military, independent judiciary and
active political parties and civic associations. Competitive
elections produce regular changes of leadership at the
national, state, and municipal levels.
Although the 25 state governments have primary responsibility
for maintaining law and order, the central Government provides
guidance and support through use of national paramilitary
forces. The Union Ministry for Home Affairs controls the
nationwide police service, most of the paramilitary forces, and
the internal intelligence bureaus. Paramilitary forces are
deployed throughout India and have committed significant human
rights abuses, particularly in Jammu and Kashmir.
India has a mixed economy. The private sector is predominant
in agriculture, most nonfinancial services, consumer goods
manufacturing, and some heavy industry. The Government
continued economic liberalization and structural reforms begun
in 1991. India's economic problems are compounded by rapid
population growth of 2 percent per year with a current total
well above 900 million. Income distribution remained very
unequal. Forty percent of the urban population and half the
rural population live below the poverty level.
There continue to be significant human rights abuses, despite
extensive constitutional and statutory safeguards. Many of
these abuses are generated by intense social tensions, the
authorities' attempts to repress violent secessionist
movements, and deficient police methods and training. These
problems are acute in Kashmir, where the judicial system has
been disrupted both by terrorist threats including the
assassination of judges and witnesses, and by judicial
tolerance of the Government's heavy handed anti-militant
tactics.
Serious human rights abuses include: extrajudicial executions,
torture, and reprisal killings by security forces fighting
separatist insurgents in Kashmir and northeast India; political
killings, kidnaping, and extortion by militants; extrajudicial
executions by police in Punjab; torture, rape, and deaths of
suspects in police custody throughout India; incommunicado
detention for prolonged periods without charges under special
security legislation; government failure in most instances to
prosecute and appropriately punish police and security forces
implicated in abuse; widespread intercaste and communal
violence; legal and societal discrimination as well as
extensive violence, both societal and by police and other
agents of government against women; infrequent prosecution of
"dowry deaths" (wife murder); and widespread exploitation of
indentured, bonded, and child labor.
Beginning in late 1993, the Government sought to address human
rights concerns by establishing a National Human Rights
Commission (NHRC) with powers to investigate and recommend
policy changes, punishment, and compensation in cases of police
abuse. The Commission began to establish a record as an
effective advocate for human rights when it examined security
forces abuses committed in November 1993 in Bijbehara,
Kashmir. One international human rights group commended the
Commission's reports as "hard hitting." The steadfast work of
local human rights groups and the contribution of the NHRC
helped bring about a public acknowledgement of serious human
rights abuses and the need for official steps to deal with them
(see Section 4).
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Political killings by both government forces and militant
terrorists continued at a high rate, particularly in Jammu and
Kashmir, and the northeast, where separatist insurgencies
continued in 1994.
The security forces continued to commit extrajudicial killings
of suspected militants in Kashmir. Human rights monitors
maintain they have documented the names, dates, and
circumstances in scores of extrajudicial killings each month.
Typically, those killed were detained by security forces, and
their bodies, bearing multiple bullet wounds and often marks of
torture, returned to relatives or were otherwise discovered the
same day or a few days later. While there is little
information to corroborate individual cases, press reports and
anecdotal evidence leaves no doubt that the pattern exists and
is extensive. Security forces claim that these killings, when
they acknowledge them, occur in armed encounters with militants.
Deaths in Kashmir, particularly of security forces and
militants, increased in 1994 compared with the previous year.
Press reports indicate that 1,296 civilians, 175 police
personnel, and 1,630 militants died in insurgency-related
violence in Kashmir.
In Punjab, instances of terrorist violence virtually
disappeared in 1994, and the number of Sikh militants killed
diminished considerably from 1993. The NHRC, visiting the
state in April, concurred with a widespread public perception
that Punjabi militancy was at an end and that police excesses
could no longer be explained as a response to an emergency. In
a report issued in August, the NHRC strongly recommended that
the Punjab state government take steps to restore the normal
functioning and oversight of the police. During 1994, 76
alleged Punjabi militants were reportedly killed in armed
encounters, including only 4 in the last 6 months of the year,
compared with more than 583 such killings in 1993. No police
or other security personnel were killed in such encounters in
1994. The fact that no police died underscored the
implausibility of police claims that militants were killed in
"crossfire."
Punjab police hit teams again in 1994 pursued Sikh militants
into other parts of India. On June 24, Punjab police shot and
killed Karnail Singh Kaili, a man they identified as a Sikh
terrorist leader of the Bhindranwale Tiger Force (BTFK) in West
Bengal. The government of West Bengal claimed that it had not
been informed of the presence of the Punjab police in West
Bengal, seized Kaili's body and weapons, and barred the
departure of the police team until the Punjab Chief Minister
apologized.
In Bihar, human rights groups claim police continued to kill
Naxalites in faked "encounter killings." In one case in April,
police allegedly killed 11 suspected Naxalites in cold blood
and then claimed the deaths had occurred in an encounter.
During their August visit to Andhra Pradesh, representatives of
the NHRC heard complaints of abuses committed by both Naxalites
and police. The NHRC asked the Bihar government for details of
nine alleged faked encounter killings by the police and
recommended the payment of compensation to the relatives of the
Naxalite killings, and also to the relatives of the victims of
faked encounter killings.
There is evidence that the practice of faked encounter killings
has spread to Bombay. The previous year's pattern persisted in
1994. There were over 60 alleged criminals reported as killed
in armed encounters with the Bombay Police during the first 7
months of the year.
While state authorities continued to tolerate extrajudicial
killings in areas buffeted by separatist insurgencies, the
press and courts paid increasing attention to deaths in police
custody and faked encounter killings. The Supreme Court
directed active investigation and prosecution of custodial
deaths and other cases of police abuse and negligence. In one
case, murder charges were brought against Punjab policemen for
a faked encounter killing. In another case, a High Court judge
in July recommended murder charges for 11 Punjab policemen in a
faked encounter killing and compensation to the victim's family.
In September the Supreme Court strongly criticized the Punjab
police, including the Director General K.P.S. Gill, for
inaction following the abduction by police in 1991 of 7 members
of a family, none of whom has been seen since. In October the
Supreme Court ordered the prosecution of 58 police officers
accused in the 1991 murders of 10 Sikh youths in Uttar
Pradesh. The NHRC is investigating 25 cases of suspected faked
encounter killings.
Deaths of suspects in police custody continued to occur as a
result of torture during interrogation. One such case was that
of Madan Lal who died in November 1993 within hours of being
picked up and released by police. In June the NHRC recommended
the award of $1,700 to compensate Lal's family, the transfer of
the investigation from the Delhi Police Department to the
Central Bureau of Investigation (CBI), and the initiation of
proceedings against a police officer who had threatened
witnesses. The Government accepted the recommendations.
The press reported that police arrested Mahesh Paswan in the
Hajipur District, Bihar on the evening of February 19 and that
Paswan died in custody early the next morning. The victim's
father filed charges against four policemen suspected of
causing his son's death. The authorities suspended one
officer, and the district magistrate initiated an inquiry.
According to press reports, Bapula Das died in police custody
in the Khandagiri Police Station in Orissa April 27, hours
after he was detained. Two men who had been detained with Das
told a local human rights group that the police tortured the
three of them with electric shocks. The Orissa Government
reportedly suspended three police officers, initiated a
judicial inquiry, and paid the victim's family $800 in
compensation.
On August 29, Kashmiri journalist Ghulam Mohammad Lone and his
young son were shot dead in their home. He had received a
death threat from an army officer in connection with a story
reporting corrupt practices in the military. At year's end,
the authorities had not charged anyone in the killing.
Terrorist attacks accounted for hundreds of deaths. As in the
past, Kashmiri militant groups carried out politically
motivated killings on a wide scale, targeting progovernment
politicians, government officials, alleged police informers,
civilians and members of rival factions. Examples included:
the shooting death of Wali Mohammad Itoo, a National Conference
leader and former state minister; the killings of former state
assembly member Abdul Majid Pandey and a police inspector in
separate incidents on July 15; and the killing of three
passengers on two buses stopped by militants in the Doda
District May 20. On June 20, militants allegedly shot and
killed the Dr. Qazi Nissar, the Mirwaiz (Muslim religious
leader) of South Kashmir, for speaking out against militancy.
The Government estimated that 70 persons, including 35
militants, were killed in clashes between militant factions in
the first 3 months of 1994.
Maoist revolutionary Naxalites continued to commit many
killings in Andhra Pradesh, Bihar, and Orissa. Naxalites held
"people's courts" in which village headmen and others were
condemned to death and summarily executed as "class enemies"
and "caste oppressors." In Bihar during 1993, 300 persons were
estimated to have been killed in clashes between security
forces and Naxalites, and between Naxalite factions.
Extensive, complex patterns of violence continued in the seven
states of northeastern India. Numerous killings can be
attributed to conflicts in each of the following categories:
between indigenous peoples, usually Buddhist or animist, and
immigrant groups, usually Muslim or Hindu; between tribes of
indigenous peoples; between security forces and militants of at
least 18 insurgent groups; among factions of insurgent groups.
Large numbers of security personnel were among the victims of
the violence of the northeast.
b. Disappearance
There were widespread reports of disappearances again in 1994.
There are credible reports that police throughout India often
do not file required arrest reports. As a result, there are
hundreds of unsolved disappearances in which relatives claim an
individual was taken into police custody and never heard from
again. Police usually deny these claims, countering that there
are no records of arrest.
Security forces acknowledge that they detained more than 10,000
in Jammu and Kashmir from 1990 to mid-1994 and that they
released over 7,000 of them. The Government made public a list
of more than 3,000 detainees in more than 20 detention centers
in Jammu and Kashmir in 1994. However, human rights groups
maintain that the Government does not acknowledge holding
without charge as many as 7,000 additional persons in
incommunicado detention.
The Government maintains that screening committees run by the
state government provide information about detainees to their
families. However, other sources indicate that families are
able to confirm the detention of their relatives only by
bribing prison guards. The Kashmir Bar Association reports
that bodies bearing marks of torture of persons detained weeks
earlier have been found or returned to the victim's families.
Amnesty International (AI) published a report in December 1993
on disappearances in Jammu, Kashmir, and Punjab. The
Government's response to the report shed little light on cited
cases. The response indicated that the Government of Pakistan
and militant groups bear the responsibility for creating
circumstances in Kashmir that "created possibilities of what
may be perceived as excesses." The response indicated that the
Government had completed inquiries on 75 disappearances: 35
were dismissed on the grounds that no missing-person reports
were filed with local police authorities. That is, the
relatives did not file reports with the authorities whom they
believed perpetrated or condoned the abductions. Investigation
continued in 12 cases, and in 10 cases the authorities released
disappeared individuals from detention. The Government offered
other explanations for the remaining cases.
Problems with the absence of police arrest records is
particularly common in Punjab, where a number of disappearances
were reported. A noteworthy case is that of Sukhwinder Singh
Bhatti, a defense lawyer for accused Sikh militants. On May
12, plainclothes police officers arrested Bhatti; he has not
been seen since. In a letter to the Chief Justice, a group of
Punjab lawyers pointed out that Bhatti's case was the fourth in
3 years in which the police kidnaped a defense lawyer for
accused terrorists. On June 17, the Haryana and Punjab High
Court ordered a CBI investigation into Bhatti's case; and on
July 22, the NHRC summoned the Punjab state Home Secretary to
provide explanations for the disappearances of the four
lawyers. The NHRC reported that the cases are under
investigation or before the Supreme Court.
Militants in Kashmir and the northeast have increasingly
resorted to kidnapings to sow terror, seek the release of
detained comrades and extort funds. According to the
government, Kashmiri militants conducted 368 kidnapings in
first half of 1994, including those of an American citizen and
5 British nationals, all of whom were released unharmed or
freed unharmed by police.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The law prohibits torture, but there is credible evidence that
it is common throughout India. The authorities often use
torture during interrogations. In other cases, they torture
detainees to extort money and sometimes as summary punishment.
Police officials in West Bengal acknowledged in press
interviews that torture is a routine practice in interrogation.
Human rights groups continue to report numerous cases in which
police and paramilitary forces have used torture during
interrogations in Kashmir, Punjab, and Assam. Commonly
reported methods include: beatings, rape, burning with
cigarettes and hot rods, suspension by the feet, crushing of
limbs with heavy rollers, and electric shocks. Because many
alleged torture victims die in custody, and others are afraid
to speak out, there are few first-hand accounts, although the
marks of torture have often been found on the bodies of
deceased detainees (see Sections 1.a. and 1.b.). The
prevalence of torture by police in lockups throughout India is
borne out by the number of cases of deaths in police custody.
The rape of persons in custody is part of the broader pattern
of custodial abuse. According to the Home Minister, 54 cases
of custodial rape occurred in 1991, 79 in 1992 and 45 in 1993.
A report published by the People's Union for Democratic Rights
(PUDR) in May detailed 24 cases of alleged custodial rape
between 1989 and 1993 in Delhi. The PUDR noted that there have
been no convictions and that the authorities reinstated three
of 10 policemen dismissed in connection with these cases.
In Madras, there were three publicized cases of gang rapes of
the wives of prisoners in police stations in 1994; a number of
policemen have been suspended in connection with these cases.
In late December, an official investigation recommended
official charges against policemen who allegedly raped seven
women in a melee that occurred when the police blocked the
movement of demonstrators near Muzaffargarh on October 2.
There were also many reports of rapes committed by security
forces and militants in Kashmir and the Northeast.
Confessions extracted by force are generally inadmissible in
court. Under the Terrorist and Disruptive Activities
(Prevention) Act (TADA), a confession made to an officer above
the rank of superintendent of police is admissible as
evidence--provided the police believe the confession was
voluntary. However, the use of torture to obtain confessions
under TADA is common.
Prison guards have abused inmates for reasons unrelated to
interrogation. In one particularly serious case, 7 prisoners
died and 27 were injured as a result of beatings by guards in
Pilibhit Jail on the night of November 8. Criminal charges
have been brought against guards and other officials involved.
Although custodial abuse is deeply rooted in police practices,
there is evidence of growing public awareness of the problem.
The NHRC has identified torture and deaths in detention as one
of its priority concerns. It has directed district magistrates
to report all custodial deaths within 24 hours and stated that
failure to do so will be interpreted as an attempted coverup.
Magistrates appear to be complying with this directive.
The courts also have been more active in prosecuting cases of
custodial abuse. Many cases are old and illustrate the
slowness of the judicial system in custodial cases. Early in
the year, five Delhi constables were sentenced to 5 years'
rigorous imprisonment for illegally confining and beating to
death Kamal Kumar in July 1979. In January the Supreme Court
sentenced three Uttar Pradesh policemen to imprisonment and
fined two CBI inspectors for beating a suspect on the steps of
the Supreme Court. In April the Punjab High Court ordered
$1,700 in compensation to 4 women who had the word "pickpocket"
tattooed on their foreheads by Punjab police.
There are three classes of prison facilities. Prisoners are
not classified by the nature of their crimes, but by their
standing in society. Class "C" prisoners are those who cannot
prove they are college graduates or income taxpayers. Their
cells are overcrowded, often have dirt floors, no furnishings,
and poor quality food. The use of handcuffs and fetters is
common. Class "B" prisoners--college graduates and
taxpayers--are held under markedly better conditions. Class
"A" prisoners are prominent persons, as designated by the
Government, and are accorded private rooms, visits, and
adequate food, which may be supplemented by their families.
Class "A" prisoners are usually held in government guest
houses. The authorities do not always follow this
classification: following their arrest in October 1993,
Kashmiri political leaders Abdul Gani Lone and Syed Ali Shah
Gilani were held for months as class "C" prisoners before they
were moved to a guest house (see also Section 1.e.).
According to a statement in Parliament by Minister of State for
Home Affairs, P.M. Sayeed, New Delhi's Tihar Jail, considered
one of the best-run in India, housed in March 8,577
prisoners--in facilities designed to hold 2,487. According to
Sayeed, 7,505 detainees awaited the completion of their trials,
while 672 others have been in trial for 3 years or longer.
The Government does not allow NGO's to monitor prison
conditions. Nevertheless, prison conditions are a subject of
press reports and have received greater attention from human
rights groups. Press accounts of prison conditions include
reports of sexual abuse of prisoners, the use of prisoners by
prison officials as domestic servants, the sale of food and
milk for prisoners on the black market, the sale of female
prisoners to brothels, and the marketing and export of
prison-made goods.
Women constitute 2 to 6 percent of the total prison population,
according to the 1987 Justice Krishna Iyer Report. Although
Parliament passed a Children's Act in 1960 to safeguard young
prisoners against abuse and exploitation, and a Juvenile
Justice Act in 1986 provides that boys under 16 and girls under
18 are not to be held in prison, most states have not
implemented these Acts. The Supreme Court has criticized the
state governments for not providing reformatories and separate
detention facilities for children.
d. Arbitrary Arrest, Detention, or Exile
Over the past decade, the Government implemented a variety of
special security laws intended to help law enforcement
authorities fight separatist insurgency. There are credible
reports of widespread arbitrary arrest and detention under
these laws.
The Constitution requires that detainees have the right to be
informed of the grounds for arrest, have the right to be
represented by counsel, and, unless the person is held under a
preventive detention law, the right to appear before a
magistrate within 24 hours of arrest. At this initial
appearance, the accused must either be remanded for further
investigation or released. The Supreme Court has upheld these
provisions. An accused person must be informed of his right to
bail at the time of arrest and may, unless he is held on a
nonbailable offense, apply for bail at any time. 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.
The Constitution permits preventive detention laws in the event
of threats to public order and national security. These laws
provide for limits on the length of detention and for judicial
review. Several laws of this type remain in effect.
The National Security Act (NSA) of 1980 permits detention of
persons considered security risks; police anywhere in India
(except Kashmir) may detain suspects under NSA provisions.
Under these provisions, the authorities may detain a suspect
without charge or trial as long as 1 year on loosely defined
security grounds. The state government must confirm the
detention order, which is reviewed by an advisory board of
three High Court judges within 7 weeks of arrest. NSA
detainees are permitted visits by family members and lawyers
and must be informed of the grounds for detention within 5 days
(10 to 15 days in exceptional circumstances). Nationwide, more
than two-thirds of the 16,000 people detained under NSA since
1980 have been released by order of the state government or an
advisory board.
The Jammu and Kashmir Public Safety Act (PSA) of 1978 covers
corresponding procedures for that state. In May the
authorities released and immediately rearrested Kashmiri
political leaders Abdul Gani Lone and Syed Ali Shah Gilani, who
had been detained under the PSA in October 1993. The move
followed a decision by the Supreme Court which ruled that the
authorities did not have sufficient grounds to detain Lone and
Gilani. However, they and 376 other Kashmiri detainees were
released in October. Over half of the detainees in Jammu and
Kashmir are held under the PSA.
The TADA was enacted in 1985 to fight insurgency in Punjab, but
has been invoked by almost every state, including those in
which there is no insurgency (see also Sections 1.c. and
1.e.). TADA stipulates that those found guilty of terrorist
and disruptive acts, or membership in a terrorist gang, may be
sentenced to no less than 5 years. It also carries the death
penalty for certain terrorist crimes. Disruptive activities
are defined broadly to include speech or actions that disrupt
or challenge the sovereignty or territorial integrity of India.
The TADA extends the period to 60 days during which a detainee
may be held in police custody after remand by the court, and it
allows administrative detention up to 180 days (1 year in
special circumstances). Suspects held under TADA must be
presented within 24 hours before an executive magistrate who
reviews the detention order, but human rights groups say this
requirement is frequently ignored. The TADA was extended for 2
years in May 1993, at which time an amendment was added
requiring authorization from a state police inspector general
before a court takes cognizance of a TADA case.
According to the Government, there were 8,742 TADA arrests in
21 states in 1993, the latest year for which information is
available. In May the Home Ministry informed Parliament that
61,843 persons had been detained under TADA since the law's
enactment in 1985, and 48,502 had been released on bail. While
the Ministry said it did not maintain information on the
numbers of cases that resulted in conviction, the Minister of
State conceded that the number was very low.
Press reports claim that, on the basis of official figures, 626
persons have been convicted under TADA in all of India since
1986. According to a study by one human rights group, 18 of
11,957 detainees arrested under the TADA have been convicted in
the state of Gujarat, even though that state has not
experienced any insurgency. The vast majority of TADA
detainees are eventually freed on bail or released without
charges being filed.
There are widespread accusations that the special security laws
have been misused in states not experiencing civil unrest as a
convenient way to hold people without trial. These accusations
are borne out by government data showing TADA and NSA arrests
by state. In 1993 more persons were detained under TADA in
Gujarat and Maharashtra than in Punjab, which was the Act's
original target. The authorities in Gujarat detained 2,902
persons under TADA in 1993--roughly one third of the nationwide
total. Detentions under NSA in 1993 were highest in Gujarat
and Uttar Pradesh.
Public opposition to TADA rose after a Supreme Court decision
in March upheld the Act's constitutionality. The press, human
rights groups, and lawyers' organizations criticized the
decision. The National Minorities Commission and prominent
Muslim members of the Ruling Congress (I) Party, including a
sitting minister, claimed that TADA is used disproportionately
against minorities, Muslims in particular, and called for its
repeal. In July the Supreme Court issued another decision that
restricted the use of TADA to terrorist crimes and called for
the release of those detained under TADA after 180 days if no
charges have been brought.
The Home Minister acknowledged that there has been widespread
abuse of TADA and directed the chief ministers of the states to
correct these practices. The pace of releases subsequently
accelerated and, by the end of November, the nationwide total
of persons detained under TADA was reduced to 6,432. The
largest number of those still held are in Kashmir and the
northeastern states in Maharashtra, where religious riots
occurred in January 1993.
The Minister of State for Home Affairs stated in July that the
Government might not renew TADA when it expires in April 1995,
if the Government found that the states have misused the Act.
The NHRC announced in August that it would ask the Supreme
Court to review its March decision. In September the NHRC
entered a plea before the Court challenging one of TADA's
provisions. The Court denied NHRC's standing but allowed its
lawyer to advise the Court.
The court system is overloaded. The result has been the
detention of persons awaiting trial for periods longer than
they would receive if convicted. Prisoners may be held months
or even years before obtaining a trial date. According to a
reply to a parliamentary question in July, more than 111,000
criminal cases were pending in the Allahabad High Court, the
most serious case backlog in the country, of which nearly
29,000 cases had been pending for 5 to 8 years.
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.
Amniocentesis and sonogram tests are widely misused for sex
determination, resulting in a disproportionate number of
abortions of female fetuses. In July a bill was introduced
into Parliament that would prohibit the use of these tests for
sex determination. Human rights groups estimate that at least
10,000 cases of female infanticide occur yearly, primarily in
poor rural areas.
Female foeticide and infanticide have produced a steady decline
in the ratio of females to males. This ratio has decreased to
927 per 1,000 in 1991, from 955 per 1,000 in 1981, and 972 per
1,000 at the turn of the century. Parents often give priority
in health care and nutrition to male infants. Women's rights
groups point out that the burden of providing girls with an
adequate dowry is one factor that makes daughters less
desirable. Although abetting or taking dowry is theoretically
illegal under the Dowry Prohibition Act of 1961, it is still
widely practiced.
Indigenous People
The Innerline Regulations, enacted by the British in 1873,
still provide the basis for safeguarding tribal rights in most
of the border states of northeastern India. These regulations
prohibit any person, including Indians from other states, from
going beyond an inner boundary without a valid permit. No
rubber, wax, ivory or other forest products may be removed from
the protected areas without prior authorization. No outsiders
are allowed to own land in the tribal areas without approval
from tribal authorities.
Despite constitutional safeguards, the rights of indigenous
groups in eastern India are often ignored. There has been
encroachment on tribal land in almost all the states of eastern
India, including by illegal immigrants from Bangladesh and
businesses which have removed forest and mineral products
without authorization. Moreover, persons from other
backgrounds often usurp places reserved for members of tribes
and lower castes in national education institutions.
Such violations have given rise to numerous tribal movements
demanding protection of land and property rights. The
Jharkhand movement in Bihar and Orissa, and the Bodo movement
in Assam, reflect deep economic and social grievances among
indigenous peoples. In the Jharkhand area, tribal people
complain that they have been relegated to unskilled mining
jobs, have lost their forests to industrial construction, and
have been displaced by development projects. The Government
has considered the creation of an independent Jharkand state,
but the affected state governments oppose the idea.
However, there is some local autonomy in the region. In
Meghalaya tribal chiefs still wield influence in certain
villages. The Nagaland government controls the rights to
certain mineral resources, and autonomous district councils in
Tripura, Assam, and Meghalaya control matters such as
education, rural development, and forestry in cooperation with
the state governors.
National/Racial/Ethnic Minorities
The Constitution gives the President authority to specify
historically disadvantaged castes and tribes which are entitled
to affirmative action in employment and other benefits. These
so-called "scheduled" tribes constitute about 8 percent of the
Indian population and "scheduled" castes about 16 percent.
Scheduled tribes and castes benefit from special development
funds, government hiring quotas, and special training
programs. A national commission investigates specific
complaints about deprivation of the rights of scheduled castes
and tribes and submits an annual report.
The Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act of 1989 specifies new offenses against
disadvantaged people and provides stiffer penalties for
offenders. However, this law has had only a modest effect in
curbing abuse. Government statistics indicate that 19,774
cases of "atrocities" were committed against members of
scheduled castes tribes in 1993, as compared with 20,834 in
1992 and 21,505 in 1991. A Government commission is charged
with giving special attention to the problems of these
minorities.
The practice of untouchability was in theory outlawed by the
Constitution and the 1955 Civil Rights Act, but it remains an
important aspect of life in India. Intercaste violence claims
hundreds of lives each year. There was a surge of intercaste
violence in the early months of 1994, following the success of
parties representing "backward" and scheduled castes in
November state assembly elections in Uttar Pradesh and their
formation of a governing coalition in the state. Members of
the scheduled castes were disproportionately the victims of
this violence, which also occurred throughout the country, but
especially in Madhya Pradesh and Maharashtra.
Religious Minorities
Controversy between Hindus and Muslims continues over whether
to build a temple or rebuild the mosque on a disputed site in
Ayodhya. The potential for renewed Hindu-Muslim violence
remains high. Muslim groups protested the disproportionate
number of Muslims detained under the TADA, particularly in the
states of Gujarat and Maharashtra and the city of Hyderabad
(see Section 1.d.).
The Religious Institutions (Prevention of Misuse) Act makes it
an offense to use any religious site for political purposes or
to use temples for harboring persons accused or convicted of
crime. While specifically designed to deal with Sikh places of
worship in the Punjab, the law technically applies to all
religious sites.
People with Disabilities
The Government's Ministry of Welfare has principal
responsibility for programs for the disabled, and it delivers
comprehensive rehabilitation services to India's rural
population through 16 district centers. A national
rehabilitation plan commits the Government to putting a
rehabilitation center in each of India's more than 400
districts, but services are still concentrated in urban areas.
The Government reserves 3 percent of positions in official
offices and state-owned enterprises for people with visual,
hearing, or orthopedic disabilities. The Government provides
special railway fares, education allowances, scholarships,
customs exemptions, and rehabilitation training to assist
people with disabilities. There is no legislation or otherwise
mandated provision of accessibility for the disabled.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for the right of association; workers
may establish and join unions of their own choosing without
prior authorization. There are five major recognized national
trade union centrals, each of which is associated with, but not
necessarily controlled by, a political party.
Trade unions often exercise the right to strike, but public
sector unions are required to give at least 14 days' notice
prior to striking. Some states have laws requiring workers in
certain nonpublic sector industries to give prior strike notice.
The Essential Services Maintenance Act allows the central
Government to ban strikes and requires conciliation or
arbitration in specified essential industries. Legal
mechanisms exist for challenging the assertion that a given
dispute falls within the scope of this Act. The Industrial
Disputes Act prohibits retribution by employers against
employees involved in legal strike actions. This prohibition
is observed in practice.
Abuses against nationally organized unions or unionized workers
are generally not a problem. However, unaffiliated unions of
low caste or tribal workers are not always able to secure for
themselves the protections and rights guaranteed by law.
Unions are free to affiliate with international trade union
organizations.
b. The Right to Organize and Bargain Collectively
The right to bargain collectively has existed for decades. The
Trade Union Act prohibits discrimination against union members
and organizers, and employers may be penalized if they
discriminate against employees engaged in union activities.
Collective bargaining is the normal means of setting wages and
settling disputes in the organized industrial sector. Trade
unions vigorously defend worker interests in this process.
Although a system of specialized labor courts adjudicates labor
disputes, there are long delays and a backlog of unresolved
cases. When the parties are unable to agree on equitable
wages, the Government may set up boards of union, management,
and government representatives to determine them.
In practice, legal protections of workers' rights are effective
only for the 28 million workers in the organized industrial
sector, out of a total work force of 376 million. Outside the
modern industrial sector, laws are difficult to enforce. Union
membership is rare in this "informal" sector and collective
bargaining does not exist.
There are 7 export processing zones (EPZ's). Entry into the
EPZ's is ordinarily limited to the employees. Such entry
restrictions apply to union organizers. While workers in EPZ's
have the right to organize and bargain collectively, trade
union activity is rare. Women workers constitute the bulk of
the work force in the EPZ's.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced labor, and legislation passed
in 1976 specifically bans the practice of "bonded labor." A
Supreme Court decision defined "forced labor" as work at less
than the minimum wage, which is usually set by the state
governments. Under this definition, which differs from that of
the International Labor Organization (ILO), "forced labor" is
widespread, especially in rural areas.
"Bonded labor," 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, is
illegal but widespread. The Government estimates that between
enactment of the Bonded Labor (Regulation and Abolition) Act in
1979 and March 31, 1993, approximately 251,424 bonded workers
had been released from their obligations. Other sources
maintain that those released are only one-tenth of the total
number of bonded laborers. State governments are responsible
for enforcing the Act. Offenders may be sentenced to up to 3
years in prison but prosecutions are rare.
d. Minimum Age for Employment of Children
Article 24 of the Constitution prohibits employment of children
under 14 years of age in factories, mines or other hazardous
employment. Article 45 encourages the state governments to
provide free and compulsory education for all children up to
the age of 14. A law passed in 1986 banned the employment of
children under 14 in hazardous occupations, such as glass
making, fireworks, match factories, and carpet weaving, and
regulated their employment in others. The Factories Act and
the Child Labor Registration Act limit the hours of workers
below the age of 15 to 4.5 hours per day.
The Government estimates that there were 17.5 million child
workers in 1985. The ILO estimates the number at 44 million,
while NGO's claim the figure is 55 million. The enforcement of
child labor laws is the responsibility of the state
governments. Enforcement is not effective, especially in the
informal sector where most of the children are employed. The
continuing prevalence of child labor may be attributed to
social acceptance of the practice, the widespread belief that
poverty causes child labor, and the failure of the state
governments to make primary school education compulsory.
In September a group of carpet manufacturers and exporters, in
cooperation with NGO's and an export promotion project with
Germany, introduced a program to label export carpets as being
"child-labor free." This initiative is being undertaken on a
trial basis in response to consumer pressure in Germany.
e. Acceptable Conditions of Work
Minimum wages vary according to the state and sector of
industry. Such wages are considered adequate only for a
minimal standard of living. Most unionized workers receive
much more than the minimum wage, including mandated bonuses and
other benefits. The state governments set a separate minimum
wage for agricultural workers but do not enforce it well.
The Factories Act established an 8-hour workday, a 48-hour
workweek, and various standards for working conditions. These
standards are generally enforced and accepted in the modern
industrial sector, but tend not to be observed in older and
less economically robust industries. State governments are
responsible for enforcement of the Factories Act. However, the
large number of industries covered by a small cadre of factory
inspectors and their limited training and susceptibility to
bribery make for lax enforcement.
Although occupational safety and health measures vary widely,
in general neither state nor central government resources for
inspection and enforcement of standards are adequate. Safety
conditions tend to be better in the EPZ's.
(###)
[end of document]
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