Whether there is any requirement for a No Objection Certificate in India; whether a Kashmiri pandit from Jammu and Kashmir would need one were he/she to go elsewhere in India [IND39650.E]

Several documents refer to the requirement of a No Objection Certificate in India (Rediff.com 2 Sept. 2001; Embassy of India n.d.; The Press Trust of India 26 May 2002; The Economic Times of India 6 July 2002; ibid. 1 Aug. 2002; ibid. 26 Apr. 1999; Aerospace Daily 9 Aug. 2002; Business Line 30 Aug. 2002).

For example, the 2 September 2001 article published by Rediff.com reported that the chairman of the Jammu and Kashmir Liberation Front, who had been granted bail in a Terrorist and Disruptive Activities Prevention Act (TADA) case in August 2001, would be permitted to go abroad for medical treatment on several conditions. Reportedly, one of those conditions stipulated that the chairman first obtain a no objection certificate from Jammu (Rediff.com 2 Sept. 2001).

As well, the 9 August 2002 Aerospeace Daily article stated that, under a new policy, state-owned companies are able to export weapons to "friendly countries" without having to obtain a no objection certificate from the Ministry of Defense. The 26 May 2002 Press Trust of India article stated that "proposals for 'no objection certificates' to start scheduled operations [had] been received from Visa Air and Jagson Airlines." Further, a circular issued by the Embassy of India in Washington DC provides information on the issuance of no objection certificates to Indian doctors wishing to study in the United States (n.d.).

An official with the consular section of the High Commission for the Republic of India in Ottawa stated in a 20 September 2002 telephone interview with the Research Directorate that, so long as the person in question is an Indian citizen, a Kashmiri pandit from Jammu and Kashmir would not need a permit to travel elsewhere in India.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References


Aerospace Daily. 9 August 2002. Bulbul Singh. "India Creates New Export Policy to Spur Regional Arms Sales." (NEXIS)

Business Line. 30 August 2002. "NRIS Can Remit Inherited Assets Sans RBI Okay." (NEXIS)

The Economic Times of India. 1 August 2002. Byas Anand. "Royal Air To Take-Off." (NEXIS)

_____. 6 July 2002. "State Gov't Pledges Action Against Dental College." (NEXIS)

_____. 26 April 1999. "Honda Plans A Return to Scooter Market by Itself." (NEXIS)

Embassy of India, Washington DC. n.d. "Information Regarding No Objection Certificates for Indian Doctors Under Going Higher Training/Studies in the USA." http://www.indianembassy.org/embassy/noc.html [Accessed 4 Sept. 2002]

High Commission for the Republic of India, Ottawa. 20 September 2002. Telephone interview with a consular representative.

The Press Trust of India. 26 May 2002. "Six Private Airlines Seek Govt Nod to Start Operations." (NEXIS)

Rediff.com [Mumbai] 2 September 2001. "Yasin Malik Permitted to Go Abroad for Treatment." (Google Cache) http://www.rediff.com/news/2001/sep/01jk5.htm [Accessed 9 Sept. 2002]

Additional Sources Consulted


IRB databases

NEXIS

Oral source:

Unsuccessful attempts to contact the Directorate of Information for the Government of Jammu and Kashmir

Internet sites:

BBC

Dawn

Indian Express

The Tribune

World News Connection

Search engine:

Google