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Title:  India Human Rights Practices, 1995 
Author:  U.S. Department of State  
Date:  March 1996  


India is a longstanding parliamentary democracy with a free press, a 
civilian-controlled military, an independent judiciary, and active 
political parties and civic associations.  Competitive elections produce 
regular changes of leadership at the national, state, and municipal 

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, violent secessionist movements and 
the authorities' attempts to repress them, 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 antimilitant tactics.

Serious human rights abuses include:  extrajudicial executions and other 
political killings, torture, and excessive use of force by security 
forces and separatist militants, as well as kidnaping and extortion by 
militants, in Kashmir and Northeast India; torture, rape, and deaths of 
suspects in police custody throughout India; arbitrary arrest and 
incommunicado detention in Kashmir and the Northeast; continued 
detention throughout the country of thousands arrested under special 
security legislation; long trial delays; 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; discrimination and violence against 
indigenous people; and widespread exploitation of indentured, bonded, 
and child labor.

During 1995 India made significant progress in resolving human rights 
problems.  The Terrorist and Disruptive Activities (Prevention) Act 
(TADA), special security legislation under which thousands of persons 
had been held for prolonged periods without charges, was allowed to 
lapse.  The International Committee of the Red Cross (ICRC) and the 
Government reached an agreement to permit prison visits in Kashmir.  The 
ICRC made its first visits to prisoners in October.  In Punjab, the 
insurgent violence of past years has largely disappeared, and there is 
visible progress in correcting patterns of abuse by police.  The 
assassination of the Punjab Chief Minister at the end of August, an 
isolated exception to restored civil peace in the state, resulted in 
neither a widespread crackdown nor a breakdown of order.  The National 
Human Rights Commission continues to play a useful role in addressing 
patterns of abuse, as well as specific abuses, and is consolidating an 
attitudinal shift toward acknowledgment of human rights problems as it 
seeks to create a "human rights culture" through educational programs.


Section 1   Respect for the Integrity of the Person, Including Freedom 

   a.   Political and Other Extrajudicial Killing

Political killings by both government forces and insurgents continued at 
a high rate in the state of Jammu and Kashmir and the seven northeastern 
states, where separatist insurgencies continued.  

Extrajudicial killings of suspected militants by security forces in 
Kashmir continued at a high level, but some credible observers believed 
that they had declined somewhat compared with previous years.  Still, 
human rights groups consider credible reports that dozens of such 
killings occur every month.  Typically, those killed were detained by 
security forces, and their bodies, bearing multiple bullet wounds and 
often marks of torture were returned to relatives or were otherwise 
discovered the same day or a few days later.  Well-documented evidence 
to corroborate individual cases or quantify trends is lacking.  
Nevertheless, press reports and anecdotal evidence leave no doubt that 
the pattern exists.  Security forces claim that these killings, when 
they are acknowledged, occur in armed encounters with militants.

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, members of rival factions, and non-
political community leaders who dared call for an end to violence in the 

The total number of deaths in Kashmir remained very close to 1994's 
toll.  Reliable press reports indicate that 1050 civilians, 202 security 
force personnel and 1308 militants died in insurgency-related violence 
in Kashmir.

In Punjab, the assassination of Chief Minister Beant Singh at the end of 
August was the year's first instance of terrorist violence, although 
acts of violence attributed to Sikh militants occurred in other Indian 
states during 1995, particularly in Jammu.  Killings of Sikh militants 
by police in armed encounters appear to be virtually at an end.  During 
the first 8 months of the year, only two persons were killed in police 
encounters.  Attention was focused on past abuses in Punjab by press 
reports that hundreds of bodies, many allegedly those of persons who 
died in unacknowledged police custody, were cremated as "unclaimed" 
during 1991-1993 or discovered at the bottom of recently drained canals.

Numerous alleged criminals continue to be killed in encounters with 
police.  Police personnel were wounded in a number of these encounters, 
however, and such incidents do not appear to reflect a pattern of 
extrajudicial execution.

While extrajudicial killings continued in areas buffeted by separatist 
insurgencies, the press and judiciary continued to give attention to 
deaths in police custody and faked encounter killings elsewhere in 
India.  Such deaths probably numbered 100 to 200 in 1995.  In April, the 
Supreme Court ordered prosecution of five Punjab policemen accused of 
the murder of a couple in Calcutta 2 years earlier.  Charges were 
brought against police in Uttar Pradesh in the case of a youth who died 
after being beaten in custody.  In Delhi, 6 policemen were suspended and 
one arrested on charges related to the death in custody of Rajesh Montoo 

Killings by Maoist Revolutionary Naxalites continued in Andhra Pradesh, 
Bihar, Orissa, and West Bengal.  Naxalites held "people's courts" in 
which village headmen and others were condemned to death and summarily 
executed as "class enemies" and "caste oppressors."  For example, in 
August 1995, a Congress Party district leader in Bihar was beheaded by 
Naxalites.  The Andhra Pradesh government claimed that Naxalites killed 
103 persons during 1994.  Some politicians, human rights groups, and the 
press claimed that faked encounter killings and excessive violence by 
police against Naxalites continued, but individual cases in 1995 have 
not been documented.  In Andhra Pradesh, police violence against 
Naxalites was expected to abate after the state government in May called 
an end to an anti-Naxalite campaign by police in a unilateral gesture 
aimed at encouraging reconciliation.  

Naxalites belonging to the Peoples War Group in Andhra Pradesh were 
reportedly responsible for the assassination in December of National 
Parliament member Magunta Subarami Reddy. 

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 people, usually 
Buddhist or animist, and immigrant groups, usually Muslim or Hindu; 
between tribes of indigenous people; between security forces and 
militants of one or more of at least 18 insurgent groups; and among 
factions of insurgent groups.  

Ripunjay Acharjya and Hem Chandra Sharma were arrested in Nayakpura, 
Assam in February.  Their bodies were later found with bullet wounds.  
Both were alleged to have ties to the militant separatist organization 
United Liberation Front of Assam.  In March Nationalist Social Council 
of Nagaland militants assassinated the Deputy Commissioner of the Kohima 
District in Nagaland.  In Tripura tribal militants attempting to force 
non-tribals off tribal lands reportedly killed 11 civilians and 14 
paramilitary personnel in July and August, and abducted some 500 
civilians during August.  More than 100 security force personnel were 
among the victims of the violence in the Northeast, including 22 of the 
26 persons killed in the February 25 bombing of a train in eastern 

There were several killings related to state assembly election campaigns 
early in the year.  In Bihar at least 10 people, including two 
policemen, died in election-related violence.  This violence appeared to 
reflect rivalries between individual candidates or between caste groups 
in individual villages, not a coordinated effort by any group to affect 
the election outcome through intimidation.

   b.   Disappearance

According to credible reports from national human rights groups, 
unacknowledged, incommunicado detention of suspected militants continued 
in Kashmir although the practice diminished as compared with previous 
years.  The Government acknowledges that, as of April, it held 3,023 
persons in connection with the insurgency in five detention centers in 
Jammu and Kashmir.  Of these, 1,331 were held under the Public Safety 
Act and 1,692 under the Terrorist and Disruptive Activities Act.  
Several thousand others are held in short-term confinement in transit 
and interrogation centers.  Human rights groups maintain that as many as 
3,000 more are held in long-term 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.  A program 
of prison visits by the International Committee of the Red Cross (ICRC), 
under an agreement with the Indian Government signed in June is designed 
in part to help assure communications between detainees and their 
families.  The ICRC prison visits began in October.

In Punjab, the pattern of disappearances prevalent a few years ago 
appears to be much diminished.  Although there is no reason to believe 
that missing or faulty arrest records are less a problem in Punjab than 
in the rest of India, there were only a few reports of disappearances or 
unacknowledged arrests associated with suspected militant activity.  In 
early September, Jaswant Singh Khalra, Secretary General of the Akali 
Dal Party's human rights cell, was allegedly taken from his home by 
uniformed police.  The state police asserted to human rights groups and 
in response to a Supreme Court order that they were not holding Khalra.  
Another Supreme Court order required a report on the abduction by 
September 29.  After the state government failed to respond adequately 
to previous orders, the Supreme Court in November ordered the Central 
Bureau of Investigation to take over the investigation.  By year's end, 
the investigation had yielded no results.  In another case, the brother 
of Surinder Singh Fauji was held for a week by police in incommunicado 
detention, apparently in an effort to persuade Fauji not to testify on 
extrajudicial executions he witnessed in 1993.

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.

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 kidnaped 
548 persons in 1995, of which 207 were killed by their captors.  In 
July, two Americans, two Britons, a German and a Norwegian were kidnaped 
by separatist militants in Kashmir.  One American escaped, the Norwegian 
was beheaded, and the others were still held at year's end.  

   c.   Torture and Other Cruel, Inhuman, or Degrading Treatment or 

The law prohibits torture, and confessions extracted by force are 
generally inadmissible in court.  Nevertheless, there is credible 
evidence that torture is common throughout India and that the 
authorities often use torture during interrogations.  In other 
instances, they torture detainees to extort money and sometimes as 
summary punishment.  The National Human Rights Commission (NHRC) has 
called on the Government to sign the 1984 International Convention 
Against Torture.

Human rights groups continue to report that police and paramilitary 
forces use torture during interrogations in Kashmir and the Northeast.  
Past practices have included beating, rape, burning with cigarettes and 
hot rods, suspension by the feet, crushing of limbs by 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.  The prevalence of torture by police in 
detention facilities throughout India is borne out by the number of 
cases of deaths in police custody (see Section 1.a.).  The rape of 
persons in custody is part of the broader pattern of custodial abuse.  

Although custodial abuse is deeply rooted in police practices, increased 
press reporting and parliamentary questions offer 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.

At the end of the 1994-95 fiscal year, inquiries by the NHRC were 
pending in 107 cases of death in custody.  Prosecution of police has 
been initiated in two cases and was recommended by the NHRC in a third 
case.  In Bihar, an investigation by the NHRC's Investigative Branch 
into custodial deaths mentioned in a report by Amnesty International 
resulted in prosecution in 14 out of the 15 cases cited in the report.

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 sanitary conditions.  
The food is of poor quality and the medical care inadequate.  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.

Overcrowding in Indian jails is severe.  Prisons often house more than 
three times their design capacity.  According to a statement in 
Parliament in 1994 by Minister of State for Home Affairs, 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 the 
Minister, 7,505 detainees awaited the completion of their trials, while 
672 others have been on trial for 3 years or longer.

With the exception of an agreement with the ICRC for visits to detention 
facilities in Kashmir, the Government does not allow NGO's to monitor 
prison conditions.  Nevertheless, prison conditions are a subject of 
press reports and have received 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 Ryer Report.  
Although Parliament passed the Children's Act of 1960 to safeguard young 
prisoners against abuse and exploitation, and the Juvenile Justice Act 
of 1986 provides that boys under 16 years and girls under 18 years 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.

In July the death by illness of businessman Rajan Pillai while he was 
detained awaiting an extradition hearing caused a public outcry.  A 
court had ruled against releasing Pillai for medical treatment.  A 
commission of inquiry has been appointed to investigate his death.

   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 were credible reports of widespread 
arbitrary arrest and detention under these laws.  One of these laws that 
had been subject to the most extensive abuse, the Terrorism and 
Disruptive Practices (Prevention) Act, lapsed in May and, at year's end, 
had not been reinstated or replaced.  As of June 30, 6,060 persons 
arrested under the Act were held in a number of states.  Although TADA 
detainees continued to be released, many were still held at year's end.  

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 non-bailable 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 or 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 state 
governments or advisory boards.  At year's end, 514 persons throughout 
India continue to be detained under NSA.

The Jammu and Kashmir Public Safety Act (PSA) of 1978 covers 
corresponding procedures for that state.  Over half of the detainees in 
Jammu and Kashmir are held under the PSA.

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 
1994, 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.

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 age 65 in the Supreme Court.

Courts of first resort exist at the subdistrict and district levels.  
More serious cases and appeals are heard in state-level High Courts and 
by the national-level Supreme Court, which also rules on constitutional 
questions.  Subdistrict and district judicial magistrates are appointed 
by state governments.  High Court judges are appointed on the 
recommendation of the federal Law Ministry, with the advice of the 
Supreme Court, the High Court Chief Justice, and the Chief Minister of 
the state, usually from among district judges or lawyers practicing 
before the same courts.  Supreme Court judges are similarly appointed 
from among High Court judges.  The Chief Justice is selected on the 
basis of seniority.  

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.

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.  Sentences 
must be announced in public.

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 have been no convictions of alleged terrorists in 
Kashmir since prior to 1994, even though some militants have been in 
detention for years.

No persons are known to have been incarcerated soley on the basis of 
their political views or activities.  

   f.   Arbitrary Interference with Privacy, 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 case of public emergency or "in the interest of the public 
safety or tranquility."  These powers have been used by every state 

   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.  It is believed that between 350,000 and 400,000 Indian army, 
paramilitary forces, and police  are deployed in Jammu and Kashmir.  The 
Muslim majority population in the Kashmir Valley is caught between the 
repressive tactics of the security forces and acts of terrorist 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 suspected lawbreakers and those 
disturbing the peace, and to destroy structures suspected of harboring 
militants or arms.

Although civilian deaths caused by the security forces in Kashmir 
continued at high levels and precise data are lacking, credible reports 
from Kashmir suggest that they diminished somewhat for the second 
consecutive year.  Increased attention to human rights by security force 
personnel and publicized disciplinary action against offenders appear to 
be having some effect in moderating use of force by the government, 
according to reports from Kashmiris.  In response to parliamentary 
questions in April, the Government stated that, between January 1990 and 
March 1995, 167 security force personnel including 15 army officers had 
been punished for offenses against civilians in Kashmir, including rape, 
murder, theft, and use of excessive force, although few officers are 
known to have recieved prison sentences.

Kashmiri militant groups were also guilty of serious human rights 
abuses.  Militants launched a series of attacks on traditional political 
figures in an effort to scuttle progress towards a political process.  
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.  In July and August, to 
cite only a few examples, three terrorist bombs in Jammu and Srinagar 
killed dozens of persons.  Terrorist acts by Kashmiri militant groups 
have also taken place outside Jammu and Kashmir.  Many of the terrorists 
are not Indian citizens.

Kashmiris continued to be caught in the crossfire between militants and 
security forces.  At least 5 civilians were killed in fierce fighting at 
the Charar-e-Sharif shrine in May.  During a battle between militant and 
security forces, a fire destroyed over 1,000 homes and the 500-year-old 
Sufi shrine in the town.  The militants and the Government have traded 
charges over who is to blame for the fire.

In the Northeast excesses resulting in civilian deaths were committed by 
both security forces and militants.  Near Kohima in Nagagland 
paramilitary Rashtriya Rifles reportedly panicked after an attack on 
their convoy and fired mortars and assault rifles into nearby 
settlements.  Six civilians and 2 policemen were reported killed and 
over 20 injured in the incident (see Section 1.a.)
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.  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.

Kashmiri groups threatened journalists and editors and even imposed 
temporary bans on some publications.  In July the Urdu-language press in 
Srinagar went on strike for more than a week to protest conflicting 
threats from rival militant factions and the related kidnaping of three 
journalists.  In September a photographer was killed and two other 
employees injured when the British Broadcasting Corporation (BBC) office 
in Srinagar was bombed.  A reporter for Zee Television and Outlook 
magazine was shot in December outside Partan after being dragged out of 
a taxi in which he was riding.

In Tamil Nadu, the state government in a number of cases abused police 
powers in reaction to press criticism.  For example, the editor of a 
leading daily was arrested for publishing expunged portions of assembly 
proceedings.  The state High Court, in rejecting the case against the 
editor, criticized the state government for "frequent or indiscriminate 
use of power."

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.

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 

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 since 1994; 
opposition Akali parties were permitted to hold public rallies and 
conduct membership drives.

In Tamil Nadu, police often withhold permission for demonstrations by 
opposition groups and this practice was criticized by the National Human 
Rights Commission during its visit to the state early in the year.  The 
state government also resorts to preventive detention on a massive scale 
as a means of restricting opposition demonstrations.  For example, 
30,000 people were reportedly detained the day before a general strike 
called for May 4.

The Unlawful Activities (Prevention) Act prohibits the establishment of 
organizations that promote communal hatred.  The Government used this 
Act to prohibit two organizations, one Hindu and one Muslim, after 
Hindus destroyed a mosque in Ayodhya in December 1992.  The ban on the 
Hindu organization was lifted following a judicial decision in June, 
however, and the authorities have not rigorously enforced the ban.  
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 foreign 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 and has, on the 
whole, maintained an excellent record of receiving and caring for 
refugees.  The Government recognizes certain groups including Chakmas 
from Bangladesh 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 United Nations High Commissioner for Refugees (UNHCR), or are 

No further Chakma refugees were repatriated during 1995 pursuant to a 
1993 agreement with the Government of Bangladesh.  Human rights groups 
had claimed that these repatriations had in some cases been involuntary.  
The Government has rejected offers by the UNHCR to monitor Chakma 
repatriations.  Human rights organizations continue to claim that the 
Government has reduced rations and cash assistance to refugee camps 
holding Chakmas to encourage them to repatriate.

According to the UNHCR, 56,829 Tamil refugees from Sri Lanka were living 
in India at the end of August, in 113 camps in the state of Tamil Nadu.  
Approximately 30,000 more are living with friends and relatives, and 
1,311 suspected of militant activities are detained in special camps.  
The state government, using central government resources, provides 
shelter and subsidized food for those in the camps.  Enforcement of a 
Tamil Nadu government ban on nongovernmental organization (NGO) 
assistance to the camps has been relaxed and NGO's have visited the 
camps.  Voluntary repatriation of Tamil refugees under UNHCR supervision 
continued with 7 sailings in January and February, on which 3,576 Tamil 
refugees were repatriated.

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.  
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.

A Government proposal to hold elections in Jammu and Kashmir in December 
came to nothing when the National Election Commission declared that 
conditions in the state were not suitable for holding elections.  
President's Rule therefore continued in Jammu and Kashmir throughout the 
year and was extended in December for an additional 6 months.  
President's Rule was also declared in Uttar Pradesh in October after a 
coalition state government collapsed for the second time in 5 months.  
President's Rule in Manipur ended in December 1994, when a new elected 
government took office.  

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.

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 the northeastern states, indigenous people 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.

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 have targeted human rights monitors for arrest and harassment.

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 operations of the NHRC.  
Although the NHRC is prohibited by statute from directly investigating 
allegations of abuse involving army and paramilitary forces, the 
Commission has made effective use of indirect inquiries to address 
abuses by the armed forces.  During the 1994-95 Indian fiscal year, the 
NHRC received 6,835 complaints of human rights abuses, as well as 152 
cases of custodial death or rape.  At the end of the fiscal year, 2,483 
cases had been dismissed, 1,563 disposed of "with directions," 276 
concluded, and 1,384 remained pending.

In a February 20 letter addressed to every Member of Parliament, 
Commission Chairman Justice Ranganath Misra strongly urged that the 
Terrorism and Disruptive Practices Act (TADA) be allowed to lapse when 
it expired in May.  This letter contributed substantially to the 
decision to let TADA lapse and to subsequent debate in which Parliament 
failed to approve successor legislation.

Acting on its legislated mandate to encourage nongovernmental human 
rights organizations, the Commission organized and/or participated in 
several joint programs with NGO's and associated human rights NGO's with 
its investigation of individual complaints.  The Commission has also 
worked to build a "culture of human rights" by actively encouraging the 
introduction of human rights syllabuses into universities and public 
schools.  State human rights commissions were established in West Bengal 
and Himachal Pradesh.

In February United Nations High Commissioner for Human Rights, Jose 
Ayala Lasso came to India and visited the state of Jammu and Kashmir.  
In June the Government reached agreement with the International 
Committee of the Red Cross on a program of ICRC prison visits in 
Kashmir.  Implementation of the ICRC Kashmir prison program began in 
October.  By year's end, an initial round of visits to detention centers 
in the Srinagar area had been completed and preparations were underway 
for visits to detention centers elsewhere in the state and in other 
states.  ICRC representatives also continued training of police and 
border security force personnel in international humanitarian law.

The Government granted requests for visits to India by some 
international human rights organizations but refused others.  The 
Executive Director of Human Rights Watch/Asia received permission to 
visit New Delhi to meet with the National Human Rights Commission in 
May, but other officials of the same organization were refused visas 
earlier in the year.  In February the Chairman of the National Human 
Rights Commission called on the Government to permit Amnesty 
International to assess the human rights situation in Kashmir.  The 
Government has not acted on this advice.

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 


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.  Higher female mortality at all age levels, including female 
infanticide and foeticide, accounts for a decline in the ratio of 
females to males 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.

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 4,277 dowry deaths in 1994, a 
decrease of more than 20 percent from 1993.  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.  For example, 
357 dowry death cases placed before the courts in Delhi from 1992 to 
1994 resulted in 6 acquittals and no convictions; the remaining cases 
were pending at year's end.  Lawyers note that judges and prosecutors, 
usually men, are uninterested in cases of domestic violence and 
susceptible to bribes.

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.

In November a state court acquitted five upper-caste men accused  of 
gang-raping lower-caste woman social activist Bhanwari Devi, allegedly 
in retaliation for her efforts to ban the traditional practice of child 
marriage in Rajasthan.  Widespread press commentary condemned what are 
seen as spurious grounds for acquittal, as well as gender and caste 
prejudice implicit in the decision.  

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.


The Government has made commitments to improve the welfare of children.  
A national authority for the elimination of child labor was formed to 
coordinate education, rural development, women and child development, 
health and labor programs with the goal of progressively withdrawing 
children from the workplace and placing them in schools by 2000.

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 age 10 to 18, are victims of this 

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 years from 15 years, 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.  A law passed in September 1994, prohibits 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 infanticide and foeticide are factors in the 
decline in the ratio of females to males.  In addition, 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.

   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.

   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 people.  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 northeast.  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.

   Religious Minorities

Controversy between Hindus and Muslims continues with regard to three 
sites where mosques were built centuries ago on sites where temples are 
believed to have previously stood.  The potential for renewed Hindu-
Muslim violence remains high.

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 applies to all religious sites.

At the outset of the Kashmir insurgency in 1990, fear of political 
violence drove most Hindus in the Kashmir Valley (the Pandits) to seek 
refuge in camps in Jammu or with relatives in New Delhi or elsewhere.  
The Pandit community criticizes the Government for bleak conditions in 
the camps and fears that a negotiated solution giving greater autonomy 
to the Muslim majority might threaten its own survival in Kashmir as a 
culturally and historically distinctive group.

   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 
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 
10,005 cases of abuse were committed against members of scheduled castes 
and tribes from January through May, as compared with 38,912 in all of 
1994.  The national 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.

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 
federations, 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 16 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 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 

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 

   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 seven 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 
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

The Constitution prohibits employment of children under 14 years of age 
in factories, mines, or other hazardous employment.  It also 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 age 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 
that 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 and the failure of the 
state governments to make primary school education compulsory.

The Government has drawn up a comprehensive plan to eliminate child 
labor from hazardous industries by the year 2000.  Approximately 260 
million dollars has been allocated for this program, which includes 
enhanced enforcement of anti-child labor laws, income supplements for 
families, and subsidized school lunches in areas where child labor is 
concentrated, and a public awareness campaign.  The Commission on Labor 
Standards and International Trade published a report on child labor that 
offers a frank assessment of the problem and needed remedies.  The 
National Human Rights Commission has made child labor part of its 
agenda, investigating child labor practices in Tamil Nadu and in the 
Firozabad glass industry and intervening in individual cases.  The 
Ministers of External Affairs and Commerce have made explicit calls to 
India's private sector to help eliminate child labor, stating that India 
should not be exporting goods made using child labor.

   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 establishes 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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