Country Report on Human Rights Practices for 1991
INDIA
India, the world's largest democracy, is a secular republic
with a multiparty political structure based on Indian political
traditions and aspects of the British parliamentary system.
Free elections are held regularly at national and state
levels. National elections in May and June were forced by the
resignation in March of Prime Minister Chandra Shekhar, who had
come to power in November 1990 at the head of a splinter group
from the Janata Dal, supported from the outside by the Congress
(I) Party. Following polling in all states except Punjab and
Jammu and Kashmir, the Congress (I) formed a minority
Government headed by Prime Minister P.V. Narasimha Rao. On the
state level. President's Rule (direct rule from New Delhi)
remained in force throughout the year in the states of Punjab
and Jammu and Kashmir. It was lifted in Assam on June 30,
following the installation of a democratically elected state
government.
The 25 states have the primary role in maintaining law and
order, but both in law and practice the central Government is
responsible for protecting the fundamental rights guaranteed
under the Constitution. The internal security apparatus
combines national and state-controlled paramilitary and police
forces. The Union Ministry for Home Affairs controls the
nationwide Indian police force, the paramilitary forces, and
the intelligence bureaus. Over the four decades since India's
independence, control of law and order operations has become
increasingly centralized under the Home Ministry. This
tendency stems in part from the rapid growth of the
intelligence bureaus, which function with little reference to
the state governments, and in part from the increased use of
paramilitary forces against armed insurrectionists in disturbed
areas. These forces are deployed in Kashmir, Punjab, and the
northeastern states. Both the paramilitary and the police
forces have been responsible for significant human rights
abuses. Ultimately, abuses by the paramilitary and police are
questions of the effectiveness of civilian oversight and the
extent of the Government's willingness and ability to prosecute
offenders vigorously.
India has a mixed economy, with agriculture, most nonfinancial
services, consumer goods manufacturing, and some heavy industry
in the private sector. India's economic policies pursued over
the past four decades—rapid industrialization, massive state
intervention, subsidies to middle class consumption, tax
exemptions for large landholders, barriers to foreign and
domestic competition—skewed the distribution of income and
wealth. In July the Congress (I) Government began structural
reforms. Trade and foreign investment restrictions were
relaxed, foreign exchange controls were being phased out, and
the government deficit was being brought under control.
India's economic problems were compounded by rapid population
growth (863 million, growing by over 2 percent per year).
About 40 percent of the urban and 51 percent of the rural
population live below the poverty level as defined by the World
Bank.
India is a functioning democracy with strong and legally
sanctioned safeguards for individuals and an independent
judiciary. A vigorous free press and active civil liberties
organizations report extensively on human rights abuses
throughout the country. Nonetheless, significant areas of
abuse remain, many of them generated by severe social tensions
related to violent ethnic, caste, communal, and secessionist
politics and the authorities' reactions thereto. The catalog
of the main problem areas in 1991 varied little from what it
has been in past years, and included: security force excesses
against civilians, particularly in Kashmir in response to
attacks by militants; political murder, kidnaping, and
extortion by militants in Punjab, as well as extrajudicial
actions (beatings, extortion, and "fake encounter" killings) by
the police; incommunicado detention for prolonged periods
without charge under national security legislation; political
killing on an increasingly wide scale; torture, rape, and
deaths of suspects in police custody; inadequate prosecution of
police and security forces implicated in abuse of detainees;
widespread intercaste and communal violence; uneven
implementation of laws affecting women's rights; infrequent
prosecution of "dowry deaths" (wife murder); and widespread
exploitation of indentured, bonded, and child labor.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
The Government continued to follow strict law and order
policies to control growing political and terrorist violence,
particularly militant separatist activity in the states of
Punjab, Jammu and Kashmir, and Assam, as well as violence
resulting from widespread tensions over religion, politics, and
caste. Nevertheless, there was no reduction in the scale of
political killing. Some killings result from ethnic and
communal strife, some from separatist militant activity. Some
can be attributed to excesses by individual security force
members in encounters with terrorists, while in some cases
government security forces have killed civilians in apparent
retaliation for terrorist attacks; some can be attributed to
extrajudicial actions taken by security and police forces
against prisoners in detention. Little is done to punish those
responsible for extrajudicial killing.
In Jammu and Kashmir state, militant groups seeking Kashmiri
independence continued to carry out politically motivated
killings, targeting government and police officials (and their
families), alleged police informers, members of the press, and
members of rival factions. Among the victims were K.M. Shaban,
editor of Al-Safa, an Urdu-language newspaper; Ghulam Mustafa
Malik, a former state legislator; Hissamuddin Bandey, a former
state minister, and Sheikh Sadiq, cousin of the former chief
minister, Farooq Abdullah. Under the Jammu and Kashmir
Disturbed Areas Act and the Armed Forces (Jammu and Kashmir)
Special Powers Act, both passed in July 1990, security force
personnel have sweeping powers, including authority to shoot to
kill suspected lawbreakers or disturbers of the peace and to
destroy structures suspected of harboring militants or arms.
In Punjab, militant Sikh organizations targeted civil servants,
political candidates, journalists, presumed government
informers, and police officials (and their families), and
undertook random killings against public figures. The nine
principal militant groups claimed their terrorist activities
were part of the struggle for an independent Sikh state
"Khalistan." Twenty-three candidates for state and national
office in Punjab were killed by militants during the spring
election campaign. Among other militant killings, on January
28 militants stopped traffic on the road leading to Bhikowal,
identified 13 Hindus, and shot them. On March 22, militants
stopped a bus carrying factory workers in Ropar district and
shot 30 passengers, killing 27. On June 15, gunmen entered two
trains near Ludhiana and fired indiscriminately, killing 75.
Four moving trains were fired at by militants in early
September, killing six. In September and October, militants
targeted relatives of police officials, killing 86 in less then
a month.
Human rights organizations have documented hundreds of cases of
"encounter killings," in Punjab in the past 7 years. In the
typical scenario, police take into custody suspected militants
or militant supporters without filing an arrest report. If the
detainee dies during interrogation or is executed, officials
deny that he was ever in custody and claim he died during an
armed encounter with police or security forces. The Armed
Forces (Punjab and Chandigarh) Special Powers Act of 1983 and
the Punjab Disturbed Areas Act of 1983 grants army,
paramilitary, and police members wide discretion in the use of
lethal force, thus permitting easy justification by authorities
for encounter killings.
In Uttar Pradesh (U.P.), a highly publicized encounter killing
of Sikhs took place on July 12 when police stopped a bus near
Pilibhit, carrying 27 Sikhs on a pilgrimage to holy places.
According to investigations carried out by human rights
organizations and political parties, police ordered 11 men into
police vehicles. The next day 10 of the men were split into 3
groups and executed. Police claimed the Sikhs were militants
killed in armed encounters. On August 21, a judicial panel,
headed by Supreme Court Chief Justice Misra, ordered the U.P.
state government to pay compensation to the families of the
victims. A further judicial inquiry into the matter was still
under way as of year ' s end.
In Andhra Pradesh, credible reports indicate that a large
number of Naxalites (tribal militants using violence to bring
about radical land reform and other populist policies) were
also killed in fake encounter killings in 1991.
In Assam, the law and order situation had deteriorated to a
point where President's Rule was imposed on November 28, 1990.
The terrorist organization. United Liberation Front of Assam
(ULFA) , had been responsible for killing an increasing number
of politicians, police officials, businessmen, and innocent
civilians over a 2-year period. With the imposition of
President's Rule, the army commenced operations to restore law
and order under the code name Operation Bajrang. The operation
was suspended in April and terminated in mid-June, at the time
of elections. On September 15, the army once again moved
against ULFA, under the code name Operation Rhino, following a
summer of ULFA kidnapings, killings, and extortion carried out
despite the state government's offer of a general amnesty and
release of over 400 of the ULFA prisoners detained during
Operation Bajrang. Under the Disturbed Areas Act and the Armed
Forces Special Powers Act for Assam, the army and security
forces were given wide discretion for the use of lethal force.
Opposition parties claimed that the army killed at least seven
innocent civilians during its actions against ULFA. The army
denied these charges.
Violence surrounding the nationwide May/June election campaign
resulted in at least 150 deaths. Thirty-four candidates were
assassinated (23 in Punjab alone). Former Prime Minister Rajiv
Gandhi was assassinated while campaigning in Tamil Nadu on May
21. The assassin, who also died from the explosives wrapped
around her waist, and her accomplices were believed to be
members of supporters of the Sri Lankan Tamil separatist
movement, the Liberation Tigers of Tamil Eelam (LTTE) . The
remaining deaths were primarily the result of clashes between
supporters of rival political parties.
In West Bengal, the Border Security Force (BSF) reportedly
fired indiscriminately on March 17 on villagers who had locked
up BSF members in protest against inaction regarding the theft
of cattle. Eleven people were killed. One local politician
was killed in June when, in a settling of scores following
elections, approximately 100 supporters of the Communist Party
of India (Marxist), wielding swords and axes, attacked local
Congress (I) politicians and supporters in Kendua village. West
Bengal.
According to the Home Ministry, 158 people were killed in the
first 6 months of 1991 in riots sparked by either tension
between different religious groups or disputes between rival
villages or castes. At least 51 passengers were massacred by
militants who boarded a train in Ludhiana district on December
26 and fired indiscriminately.
b. Disappearance
Reports of disappearance are extremely difficult to verify,
particularly in Punjab, Kashmir, and Assam.
Militants in Kashmir increasingly used kidnaping both of
prominent Indians and foreigners to attract international
attention to their cause and to force the Government to release
militants in detention. They have also kidnaped security force
personnel. Most of those kidnaped were eventually released,
but several subsequently were killed and some are still being
held. Kidnapings were also common in Assam and Andhra Pradesh.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Torture and cruel treatment or punishment are prohibited by
law, and confessions or information extracted by force may not
be admitted in court. Significantly, however, under Section 15
of the Terrorist and Disruptive Activities (Prevention) Act
(TADA) , a confession made to a police officer is admissible as
evidence, provided the police have "reason to believe that it
is being made voluntarily." Press accounts and reports by
human rights groups indicate that police brutality under this
law both to extract confessions and for extortion is common.
In theory, citizens may lodge a complaint for assault, wrongful
confinement, and death in custody, but in many jurisdictions,
including Delhi, prosecution of policemen requires the
permission of the police hierarchy. In the case of a death in
police custody, magistrates are empowered by sections of the
criminal procedure code to hold inquiries; however, such
inquiries may be conducted by an executive, not a judicial,
magistrate, and the results of these inquiries are generally
not made available. Human rights groups say most abuses in
prisons and jails are directed at the poor and uneducated
castes, who are unlikely to understand their right of redress.
Members of the police have been disciplined for abuse of
detainees, though civil liberties groups say punishment is
usually light (suspension or transfer) and occurs only in a
small percentage of actual cases of abuse. Among these few
cases, eight Delhi policemen were arrested and charged and
three others suspended for involvement in five deaths in
custody between January and August. As of year's end, the
cases had not come to trial. Three other members of the Delhi
police were suspended in August in relation to the beating of a
woman in detention. A policeman in Narasinghpur , Madhya
Pradesh, was suspended on September 21, pending trial for
alleged involvement in the rape of a tribal woman in July.
Members of the Bombay police were suspended for their
involvement in the sexual abuse of a woman in February.
Numerous Indian human rights groups have detailed cases of
torture during interrogation by security forces in Kashmir and
Punjab, including beatings, burning with cigarettes, suspension
by the feet, and electric shocks. Under the special powers
given to the security forces (see Section l.d.), they are not
liable for prosecution for their actions in civil courts,
leaving victims no legal forum for the redress of grievances
other than courts-martial. Army and security force authorities
reportedly have, in some cases, court-martialed or disciplined
members found guilty of torture, but the results of these
actions generally have not been made public and cannot be
confirmed.
Press and human rights groups regularly report on torture in
Punjab as well. Such abuse most often takes place in police
stations during interrogations, though there have been numerous
reports of police going into villages and beating groups of
male residents and raping women.
Political parties and student and civil liberties groups
accused the army, paramilitary, and police forces in Assam,
which had arrested several thousand suspected ULFA militants
and sympathizers during Operation Bajrang, of torturing many of
these detainees. There were also accusations of numerous rapes
during the operation. The army denied specific charges but
maintained that when personnel had been found guilty of
wrongdoing, they had been punished. It did not disclose
individual cases or the punishment administered.
Scheduled castes and tribes (Harijans, or untouchables) remain
particularly vulnerable to police violence. There were
consistent reports that police, usually drawn from the upper
castes, had deliberately targeted members of these castes for
beatings and rape.
Press reports about prison conditions also include charges of
sexual abuse of prisoners, the use of prisoners by prison
officials for domestic labor, the sale on the black market of
food and milk meant for prisoners, and the sale of women
prisoners to brothels. Women constitute 2 to 6 percent of the
total prison population, according to the 1987 Justice Krishna
Iyer report, which also noted that cells are seldom
segregated. It was only after a female inmate had been raped
in custody that she could be transferred to a cell staffed by
women, the report continued.
At least 20,000 children and youngsters under 18 years old are
reported to be in jail, comprising nearly one-eighth of the
prison population. Although Parliament passed the Children's
Law in 1960 to safeguard young prisoners against abuse and
exploitation, most states have not followed with their own laws
to implement it; consequently, nearly 40 percent of the 380
districts in India are without a children's law. The Supreme
Court has criticized the states for not providing separate
facilities for children in jails and for not constructing
reformatory inst itut ions.
It is estimated that at least 10,000 people with mental
disorders who have committed no crimes are held in prisons
throughout India. In West Bengal, a state minister reported
there were 1,000 such persons being held in Calcutta jails
alone.
Three classes of Indian prison facilities exist. Class "C"
cells are the worst. They often have dirt floors, no
furnishings, poor quality food, are overcrowded, and the use of
handcuffs and fetters is common. Prisoners in these cells
reportedly suffer the most abuse, such as beatings and being
forced to kneel for long periods. Prisoners are designated
class "C," not based on the nature or severity of the crimes
involved, but on their standing in society—those who cannot
prove they are either college graduates or income taxpayers
when they come before the magistrate are designated class "C."
Class "B" cells are for college graduates and taxpayers.
Crowding is less of a problem in "B" cells, and the food and
treatment of prisoners are reportedly better than in class
"C." Class "A" cells are for "prominent persons," as
determined by the Government. Prisoners in these cells are
accorded private rooms, visits,. and adequate food, which may be
supplemented by their families. Very few prisons actually
maintain class "A" cells; class "A" prisoners are usually held
in government guest houses.
d. Arbitrary Arrest, Detention, or Exile
Despite legal safeguards, there continued to be credible
reports of widespread arbitrary arrest and detention. The
Constitution requires that an arrested person be informed of
the grounds for arrest, given the right to be represented by
counsel, and produced before a magistrate within 24 hours of
arrest. At this initial appearance, the accused must either be
remanded for further investigation or released. These
provisions have been upheld by the Supreme Court and are
generally respected in states and areas not experiencing an
internal security problem or insurgency. However, they do not
apply to persons arrested under national security laws and,
while the right to judicial determination of the legality of
the detention may be sought from the higher courts to redress
unlawful detention, these rights are often unavailable to
families of poor or uneducated victims. These rights are also
ignored occasionally in states and areas that are not
disturbed; see Section 2. a. for a discussion of the case of an
editor of a Hindi daily who was arrested on charges of sedition
and who reportedly was not produced before a magistrate
following his arrest.
The Constitution permits the enactment of preventive detention
laws in the event of threats to public welfare and national
security. Such laws provide for limits on the length of
detention (up to 2 years) and for judicial review of such
detention. Several laws of this type remain in effect.
The National Security Act (NSA) permits detention of persons
considered security risks; police anywhere in India (except
Kashmir) may charge suspects under NSA provisions. At year's
end, 21 of 25 state governments had invoked the NSA. The Jammu
and Kashmir Public Safety Act, 1978, provides corresponding
procedures for that state. To be released from detention under
this law, a court must determine that all grounds for detention
are invalid. NSA detainees are permitted visits by family
members and lawyers. Under NSA's strict provisions for special
and preventive detention, a person may be detained for up to 1
year without charge or trial (2 years in Punjab) on loosely
defined security grounds but must be brought before a Defense
Ministry advisory board within 7 days of arrest. At this time
the detainee may be released on the basis of "insufficient
grounds." According to government statistics, 1,101 people
were detained under the provisions of the NSA in 1991; 501 were
subsequently released, leaving 600 in custody. Human rights
groups claim, however, that no accurate record is kept of the
many people held without charges on nonsecurity grounds, so
they have no way of making accurate estimates of the number of
persons in detention.
The Terrorist and Disruptive Activities (Prevention) Act
(TADA), though enacted to fight terrorism in Punjab, is
applicable in all states. At years end, 16 of 25 state
governments had invoked the TADA. On August 12, Parliament
voted to extend the Act for an additional 2 years. The law was
promulgated to punish those found guilty of terrorist and
disruptive acts with no less than 5 years imprisonment and up
to the death penalty for certain terrorist crimes. Disruptive
activities include speech or actions that disrupt or challenge
the sovereignty or territorial integrity of India. In
designated areas, pursuant to the TADA, incommunicado detention
is permitted. The Act permits maximum detention of 2 years,
but it provides the right of review and access to legal counsel.
It is difficult to determine how many people are held
throughout India at any one time under the TADA. Civil
liberties organizations often use a figure of 35,000, including
approximately 10,000 in both Punjab and Jammu and Kashmir,
5,000 in Tamil Nadu, 3,000 in Gujarat, and 1,000 in Assam. The
Government said such figures are greatly exaggerated. The Home
Ministry claimed that, since its inception in 1985, only 37,533
people had been arrested under the TADA; of these, 26,533 had
been released on bail and 318 had been convicted. According to
the Government's figures, 10,687 were still being detained
under the Act.
There were widespread accusations that the Act was being
misused in states not experiencing civil unrest as a convenient
way to hold people without trial. In Gujarat, since the Act
was invoked in 1987, over 10,000 people had been arrested under
its provisions, primarily as a result of communal
disturbances. Civil liberties groups claimed many of these had
been innocent bystanders; they also accused the police of
having used the law disproportionately against Muslims. In
Madhya Pradesh, police arrested over 100 members of tribal
communities under the TADA for communal disturbances.
Several court decisions overturning detention of persons under
the TADA in the state of Maharashtra reflected the view that
the police there were using the TADA to detain people they
could not otherwise legally detain.
Exile is not practiced.
e. Denial of Fair Public Trial
India's legal procedures 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 an Indian bar
that is fully independent of the Government. The Indian bar
has a record of vigorously protesting infringements of human
rights. Effective appeal channels exist at all levels of the
judicial system.
The Indian Criminal Procedure Code provides for an open trial
in most cases but under certain circumstances it allows
significant exceptions, including in proceedings involving
official secrets, trials in which statements prejudicial to the
safety of the State might be made, or under provisions of
national security legislation such as the TADA. Sentences
must, however, be announced in public.
The judiciary is independent of the executive branch. Judges
are selected by the Law Ministry following consultations with
the Chief Justice of the Supreme Court. Islamic religious law
governs some noncriminal matters concerning Muslims, including
divorce. The Government's declared policy is not to interfere
in the personal laws of the minority communities, with the
effect that discriminatory personal laws, often against women,
are upheld.
The Terrorist Affected Areas (Special Courts) Act of Parliament
(TAAA) permits the establishment of special courts sitting in
camera and allows the identity of witnesses testifying before a
special court to be kept secret. Under an unusual provision of
the TAAA, a defendant charged with "waging war" carries the
burden of proving his or her innocence. Civil rights groups
charge that these special rules are contrary to the presumption
of innocence customary in Indian law.
In Kashmir and Punjab, where armed militants demand
independence for their states, the legal system barely
functioned. There were no convictions of alleged terrorists in
these states, even though some militants had been in detention
for years. Intimidation by militants also prevented the
judicial system from functioning normally. Judges were
reportedly reluctant to sit, and witnesses often did not appear
for trials involving suspected terrorists.
According to November press reports, 17 of 22 detainees in West
Bengal who had been held without trial for up to 10 years on
charges of terrorist activities have been released. Four
others are expected to be released shortly. One other has been
tried and convicted of a terrorist crime and is serving a long
jail sentence.
f . Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under Indian law, warrants are normally required for searches
and seizures. In a criminal investigation, police may conduct
searches without a warrant if obtaining one would cause undue
delay, but they must justify such searches in writing to a
member of the senior executive police administration. Under
the Disturbed Areas Legislation in Assam, Punjab, and Jammu and
Kashmir, the authorities continue to have special powers to
search and arrest without a warrant and to shoot to kill
suspected lawbreakers or disturbers of the peace.
Surveillance of communications, including tapping of telephones
and intercepting personal mail, is authorized under the Indian
Telegraph Act "on the occurrence of any public emergency or in
the interest of the public safety or tranquility." Various
members of the Parliament exchanged allegations that their
opponents, when in power, had used telephone tapping for
political purposes. In Tamil Nadu, the press and the
opposition Dravida Munetra Kazhagam (DMK) party accused the
state's Chief Minister Jayalalitha of ordering the bugging of
opposition politicians' telephones. The Postal (Amendment)
Bill empowers the Government to censor mail in certain
circumstances, such as in a public emergency. These powers
have been used by every state government against specific
persons.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts
The human rights situation in Jammu and Kashmir, India's only
Muslim-majority state, further deteriorated in 1991. The
Muslim population in Kashmir valley was increasingly alienated
from India and largely sympathized with the demands of armed
militants for Kashmiri self-determination. Approximately
400,000 Indian army and paramilitary forces remained in the
valley to maintain law and order and check the militant
separatist movement. The Jammu and Kashmir Disturbed Areas Act
and the Armed Forces (Jammu and Kashmir) Special Powers Act
strengthened the hand of the security forces in using force
against suspected terrorists; some human rights observers
criticized the Act for giving too much latitude to these
forces. A compilation of statistics drawn from press accounts
indicates killings in Kashmir during 1991 totaled approximately
2,360, including 900 civilians, 1,305 alleged militants, and
155 security force members.
Militants maintained a reign of terror in the valley throughout
the year, targeting security force personnel, supposed police
informers, and others perceived as opposing their cause.
Invariably, innocent civilians were caught up in the violence.
Militants routinely planted bombs in and around military and
paramilitary installations, as well as at bridges and
communications targets. Militant groups kidnaped government
officials, foreigners, and family members of prominent
politicians and businessmen, killing some of them. They also
carried out extortion and protection rackets. (See also
Sections l.a, l.b., and 2. a.)
Security forces used excessive force against mass gatherings or
in retaliation against attacks on them by armed militants. On
January 19, at least 12 civilians were killed and at least as
many were injured when security forces fired on passers-by in
the crowded Magharmal Bagh Area of Srinagar following a grenade
attack on their vehicle. On May 8, security forces fired on a
funeral procession in Srinagar, killing 16 mourners.
Twenty-five civilians were killed by security forces at Chota
Bazaar in Srinagar on June 11, reportedly in retaliation for an
earlier ambush by militants in which a security force member
was killed. (See also sections I.e. and l.d.)
Government officials admitted that excesses by security forces
took place. They claimed that guilty parties were disciplined,
though the cases involved and the punishment administered were
not made public. As of mid-October, a court-martial was still
under way in the case of two members of the elite "Black Cat"
National Security Guards accused of raping a Canadian tourist
in Kashmir in 1990.
According to initial press reports, between 23 and 40 women
were raped when an army unit conducted a cordon and search
operation in the village of Kunan Poshpora in Kupwara District,
Kashmir, on the night of February 23/24. The district
magistrate for Kupwara reported that 23 women had been raped.
According to the Home Ministry, an investigation by the
Divisional Commissioner of Kashmir, along with an army officer,
a Border Security Force officer, the Deputy Commissioner, and
the Superintendent of Police had concluded that the charges
against the army were unfounded. A team from the Press Council
of India (see Section 2.a.), headed by a respected journalist,
visited Kupwara and—citing a lack of credible evidence
—
concluded the incident was an "invention." However, human
rights activists and most independent observers who visited the
site and interviewed the alleged victims concluded that
multiple rapes had taken place.
Most central security forces in Kashmir are non-Muslims; the
state police in Kashmir—mostly Muslim—were relegated to the
sidelines because of suspicion of its loyalties.
According to the Home Ministry, over 72,000 families, primarily
Hindu, had fled the violence in the valley since the beginning
of 1990. Two-thirds of them had moved to the Jammu region,
with another quarter going to Delhi.
In Punjab, the intractable problems of ethnic strife, violent
activity by militants demanding a separate Sikh state,
lawlessness, and actions by the police and security forces
pushed the number of deaths to 5,890 for the year, according to
press reports. These numbers included 3,340 civilians, 2,150
alleged militants, 375 security force members, and 25 persons
the Government claims crossed into India from Pakistan to
perpetrate terrorist acts in Punjab.
Twelve persons were killed and many injured on June 2 when
police opened fire on workers protesting the sale of the
state-owned Uttar Pradesh Dal la Cement Factory to a private
entrepreneur. Human rights and trade union activists charged
that the firing was a direct result of collusion between the
state government and management. The state government ordered
an inquiry into the incident.
In Bihar, at least 14 Harijans (untouchables) were killed on
June 23, allegedly by persons hired by upper-caste landlords in
retaliation for the killing of three upper-caste persons
charged with carrying out a massacre of 22 Harijan political
supporters in 1989.
In Karnataka, 17 people were killed when police fired on
protesters on December 14. The crowd was protesting a central
government decision on water rights to the Cauvery River.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Free speech and expression are protected by the Constitution,
and newspapers vigorously reflect a variety of public, social,
and economic beliefs. Several major national publications
regularly publish investigative reports and allegations of
government wrongdoing, and the press as a whole champions human
rights causes and criticizes perceived government lapses.
Civil liberties groups argue this is not the case in disturbed
areas, such as Punjab and Kashmir. They claim press reports
generally are based on official government statements, and do
not focus adequately on abuses by government forces in these
areas. One common accusation is that the Government, through
its control of the allocation of newsprint, as well as the
placement of government and public sector advertisements,
exerts unfair influence over the press.
Even in areas not considered disturbed, legal protections
against arbitrary detention can be ignored. Rajendra Baid,
editor of a Siliguri Hindi daily, reportedly was detained in
Sikkim in November on charges of sedition for having allowed
his press to print pamphlets allegedly defaming Sikkim 's Chief
Minister. Baid said that he had not appeared before any
magistrate following his arrest and that he had been hit and
kicked by Sikkim police after his detention.
The Press Council of India is an independent board of
journalists, with the director (in 1991 a retired Supreme Court
justice) 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 recommends against
publishing articles which might incite caste or communal
violence. Council findings carry no legal weight, though it
publicly criticizes newspapers or journalists it believes to
have broken the code of conduct. Many journalists complain
that the Council's actions promote self-censorship, resulting
in a chilling effect on investigative reporting. Under the
Official Secrets Act (OSA) , the Government may restrict
publication of sensitive security stories, but this is
sometimes interpreted quite broadly to suppress criticism of
government policies.
National television and radio, which are government monopolies,
are frequently accused of manipulating the news to the benefit
of the Government. The Broadcasting Corporation of India,
proposed by an act of Parliament in 1990, was intended to grant
greater autonomy to the electronic media. Actual creation of
the Corporation was put off by both Chandra Shekhar '
s
government in late 1990 and Narasimha Rao's Government in
1991. As of year's end, there was no sign that the bill would
be imp 1emented.
In Punjab as well as Kashmir, journalists and editors were
harassed and intimidated by terrorists, local leaders, and
special interest groups. Militant organizations forced
newspapers to print their propaganda, under threat of death.
In Punjab, Amar Nath Verma, a journalist and editor of a weekly
magazine, Quomi Bulhara, was killed by militants on February
8. In Kashmir, K.M. Shaban, editor of the Urdu daily Al-Safa
was shot down in his office on April 23 by terrorists.
On April 4, Governor Saxena of Jammu and Kashmir invoked the
1971 Newspapers Incitements to Offenses Act. Under the Act, a
district magistrate may restrict media from carrying material
resulting in "incitement to murder and other offenses."
Piinishment permitted under the Act includes forfeiture of
newspapers as well as printing and other media equipment. The
Governor said the decision to invoke the Act was made to
counter newspapers printing stories dictated by militants.
Films are reviewed by the Censorship Board before being
licensed for distribution. The Board deletes material deemed
offensive to either public morals or religious or communal
sentiment. Private sector video newsmagazine producers are
also recjuired to clear their products with government censors.
This has resulted in numerous delays in the release and editing
of a number of stories on controversial issues.
b. Freedom of Peaceful Assembly and Association
The Constitution protects the right of peaceful assembly and
the right to form associations. These rights are generally
respected. Government authorities sometimes require permits
and notification prior to holding parades and demonstrations.
At times of civil tension, local governments may ban public
assemblies and impose a curfew. Ordinarily, local governments
respect the right to protest peacefully, including such
traditional Indian forms of protest as "gherao," in which an
official or his office is surrounded by protesters who allow no
movement, and sitdowns blocking public thoroughfares.
Srinagar, in Kashmir, was under a continuous night curfew
throughout the year. In addition, government authorities
routinely imposed day curfews on communities experiencing
violent disturbances. In Punjab and Assam night and day
curfews were also sporadically imposed in response to militant
activities. Violent communal clashes throughout the country
provoked an imposition of curfew for 3 days or more in 18
cities in 6 different states during the first half of the year.
In December Indian authorities detained 14 Tibetan activists
without charges for approximately 1 week during the visit of
Chinese Premier Li Peng, to preclude thier organizing
anti-Chinese demonstrations. The Supreme Court ordered the
detainees released and established a judicial investigation of
allegations of molestation of female Tibetan detainees by Delhi
police.
c. Freedom of Religion
India is a secular state in which all faiths enjoy freedom of
worship. Government policy does not favor any religious
group. Nevertheless, tensions over religious differences
continue to be a social problem and pose challenges to the
secular nature of the Indian polity.
There is no national law to bar proselytizing by Indian
Christians, but the Government limits the number of foreign
missionaries, and laws in some states discourage them from
openly proselytizing. State officials in Arunachal Pradesh
continued to bar foreign Christian missionaries from the state
owing to a sharp increase in conversions among tribals there,
which has caused some social and religious tensions.
Indian religious organizations may maintain communications with
coreligionists abroad. Financial contributions from abroad are
subject to scrutiny and licensing by the Ministry of Home
Affairs.
Despite acts in various states to remove obstructions to the
exercise of religious freedom, Harijans ("scheduled castes" or
"untouchables") are still prevented from entering Hindu temples
in some areas.
The Religious Institutions (Prevention of Misuse) Ordinance
makes it an offense to use any religious site for political
purposes or to use temples for harboring persons accused or
convicted of any crime. While specifically designed to deal
with Sikh places of worship in the Punjab, the Ordinance
technically applies to all religious sites. However, the
Government has been careful to avoid placing restrictions on
Sikh religious practices or on the management of Sikh places of
worship.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Indian citizens enjoy full freedom of movement within the
country, except in certain border areas where, for security
reasons, special permits are required. Foreigners (including
diplomats) must obtain special permission to visit Assam as
well as other sensitive border areas in the northeast. Foreign
travel and emigration are without political restrictions.
Millions of people of Indian origin live abroad.
India admitted millions of refugees and displaced persons at
the time of partition in 1947 and granted them citizenship,
integrating them fully into Indian society. Subsequent
migration to India has largely been the result of upheavals in
nearby countries, and some of the refugees in these migrations
have not been granted citizenship or been fully integrated. In
some cases, both the refugees and their hosts consider their
stay temporary, although it may be for an indefinite period.
India does not, however, offer permanent resettlement.
Refugees it recognizes are placed in camps. Afghans,
Bangladeshis, Nepali-origin Bhutanese, and Burmese generally
are not deported; neither are they recognized as refugees.
These and other nationalities either receive a renewable
residence permit or are ignored. A dwindling flow of Afghans
continued to enter India.
Tamils fleeing armed conflict in Sri Lanka moved into the
Indian state of Tamil Nadu in large numbers in 1990. Over
120,000 Tamil refugees were in over 300 camps, with
approximately 80,000 more living independently in the state.
The state government, using central government resources,
provided shelter and subsidized food to those in the camps.
The Indian government did not accept assistance from the United
Nations High Commissioner for Refugees (UNHCR) for the Sri
Lankan refugees; nor did it permit UNHCR access to the camps.
India continues to provide humanitarian assistance and
protection to the large communities of Tibetan refugees in
Himachal Pradesh, Karnataka, and elsewhere in India, who number
over 100,000. At least 500 new refugees entered in 1991.
Ethnic Nepalese from southern Bhutan moved to parts of Assam
and West Bengal in late 1990 and 1991, in response to a
Bhutanese government implementation of a strict nationality
policy. The number of these people fluctuated in response to
political tensions in Bhutan; it was estimated that over 15,000
ethnic Nepalese were in these regions in mid-October. The
Indian Government did not recognize these people as refugees
and did not provide them with aid.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
India has a democratic, parliamentary system of government with
members elected under full adult suffrage; the voting age is
18. Multiparty elections are held regularly at state and
national levels. A Parliament sits for not more than 5 years
unless dissolved earlier for new elections, except under
constitutionally defined emergency situations. State
governments (headed by an appointed governor) are also elected
at regular intervals except in states under President's Rule.
Although the central Government spoke earlier of its desire to
replace President's Rule with elected state governments, law
and order problems in Punjab and Jammu and Kashmir remain
obstacles to the holding of state assembly elections. Polling
in Punjab for the state assembly and the lower house of the
national Parliament, scheduled for June 22, was postponed by
the election commissioner on June 20, ostensibly because of the
deteriorating law and order situation. It was generally
believed, however, that the move was designed to allow the
Congress (I), which was boycotting the elections in Punjab, to
participate in future polling. The Congress (I) Government
subsec[uently canceled the elections but continue to affirm its
commitment to a special round of voting before February 15,
1992.
On the advice of the Prime Minister, the President may declare
President's Rule or a state of emergency in any state in the
event of war, external oppression, internal disruption, or
collapse of the constitutional machinery. Under President's
Rule, the central Government, through Parliament, the
President, and the appointed governor, directly administers the
state, bypassing the elected state government. President's
rule is for 6 months and must give way to new elections, but
may be extended by Parliament in increments of 6 months.
President's Rule in Punjab was first instituted on May 11, 1987
and has been extended every 6 months since then. On September
18, Parliament extended President's Rule in the Punjab for an
additional 6 months, effective November 11. The Government
promised to create a situation conducive to fair assembly
elections by February 15, 1992. Jammu and Kashmir state was
under President's Rule throughout the year. It was extended on
August 26 for another 6 months, effective September 3.
President's Rule in Assam, imposed November 28, 1990, was
lifted on June 30.
National elections were held in May and June. The campaign and
polling were marred by widespread violence and corruption, and
at least 150 people (including 34 candidates) died in
election-related violence. The press reported that throughout
the country politicians had hired armed gangs to disrupt
polling, to intimidate voters, and to steal or stuff ballot
boxes. Such violence and corruption was particularly prevalent
in the states of Bihar, Uttar Pradesh, and Andhra Pradesh.
According to the Home Ministry, polling was temporarily
adjourned or repolling was ordered in 2,594 polling stations
(out of 600,000 in the country) because of vote rigging and
ballot box stuffing. In addition, five elections for
parliamentary constituencies were nullified for the same
reasons.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Independent Indian human rights organizations are active and
vocal. They include the Peoples' Union for Democratic Rights,
the People's Union for Civil Liberties, the South Asia Human
Rights Documentation Center, Citizens for Democracy, and the
Indian People's Human Rights Commission, all of which send out
teams to study specific allegations of human rights abuses and
publish reports on their findings, which are often highly
critical of government authorities. All of India, including
Kashmir and Punjab, is open to investigation by Indian civil
liberties groups. However, individual human rights monitors
and people who file human rights complaints have been harassed
and in some cases physically assaulted by police.
The central Government, while tolerant of dissent within India,
is sensitive to international allegations of human rights
violations. Asia Watch sent a team of investigators to Punjab
and Kashmir in 1990. Though it did not request permission for
the visit, it did inform the Government of its plans and
requested appointments with officials. Amnesty International
repeated its requests for authorization for an investigative
team to visit several areas in India. As of year's end, no
authorization had been granted, although the Government claimed
to have the req[uests under consideration.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
The traditional caste system as well as differences of race,
religion, and language severely divide Indian society in spite
of laws designed to prevent discrimination. Sporadic violence
occurred throughout the year based on these differences.
Despite several provisions in the Constitution promising
equality before the law and prohibiting discrimination on the
basis of sex, legally sanctioned sex discrimination is
manifested in the family, marriage, and inheritance laws of
several of India's religious communities. In recent years,
changes have been made in personal, criminal, and labor laws
governing women, including the Dowry Prohibition Act, the Equal
Remuneration Act, the Prevention of Immoral Traffic Act, and
the Sati (Widow Burning) (Prevention) Act, and the media have
reported more extensively on the treatment of women.
Nonetheless, as evidenced by increasing numbers of court cases
brought by women's rights groups, deeply rooted traditions,
often tied to religious or social practice, continue to
contribute to uneven enforcement of these laws, particularly in
the countryside.
Existing laws relating to asset and land ownership give women
little control over land use, retention, or sale. None of the
personal laws, except Hindu family law, makes distinctions
between ancestral and self-acquired property in the matter of
inheritance. The Hindu Succession Act provides equal
inheritance rights for Hindu women, although in practice
married daughters are seldom given a share in parental
property. Islamic personal law, while recognizing the right to
inheritance of both sons and daughters, specifies that a
daughter's share should be only one-half of a son's (a son has
responsibility for caring for the parents in their old age).
Under the tribal land system, notably in Bihar, tribal women do
not have the right to own land; the practice of putting women
to death there as "witches" is closely linked to the denial of
property rights. Female bondage, forced prostitution, and
child marriage remain common in parts of Indian society. Child
prostitution is rampant in the larger urban areas, particularly
in Bombay and Delhi. In Bombay alone, there are approximately
100,000 prostitutes, many of them minors held in bondage at
brothels.
Sex determination tests (amniocentesis) are widely used,
resulting in a disproportionate number of abortions of female
fetuses. Coupled with a marked disparity between mortality
rates of male versus female infants in the 0-5 age group, this
has resulted in the unusually low ratio in the Indian
population of 933 females per 1,000 males (the ratio varies
considerably among states). Parents often give priority in
both health care and nutrition to male infants over females.
Female infanticide is also believed to contribute to the
disparity between rates of male and female mortality. Women's
rights groups point out that the burden of providing an
adec[uate dowry for girls is one factor in making births of
females less desirable to the parents.
On September 12, the Government introduced the Prenatal
Diagnostic Techniques (Regulation and Prevention of Misuse)
Bill 1991 to combat the use of sex determination tests leading
to the abortion of female fetuses.
According to an Indian government study, published several
years ago but supported by current press reporting, violence
against women—including molestation, rape (including while in
police custody), kidnaping, and wife murder ("dowry
deaths")—has shown an upward trend over the past decade.
Whether this is due to more reporting, a higher incidence, or a
combination of both is unknown. The claim that "dowry deaths"
(usually by burning) of young married women result from their
inability to meet property demands by their husband's families
has been challenged by women's rights groups who contend that
insufficient dowry is often used as an excuse for societally
condoned violence against married women.
Dowry crimes are a complex issue involving attitudes of parents
toward daughters, the social and economic status of women, laws
that do not adequately stipulate investigation and enforcement
procedures, and the failure of police to enforce existing
laws. There are no accurate statistics on the number of dowry
deaths per year, as much domestic violence is unreported or is
not registered by the police. Women's groups contend that, at
best, there has been no decrease in the numbers in recent
years, despite the strengthening of the Dowry Prohibition Act.
By law, every unnatural death of a woman in the first 7 years
of marriage must be investigated by the police and a
magistrate. According to the Home Ministry, there were 4,836
reported cases of dowry death in 1990. The Ministry did not
have statistics on how many of the reported cases were
registered for prosecution or ended in convictions. A member
of the Indian police on the Union Public Service Commission
stated in 1990 that about 95 percent of registered cases of
dowry death end in acquittal as corrupt police and medical
officers tamper with crucial evidence. Likewise, the Home
Ministry noted 9,518 reported cases of rape but offered no
information regarding prosecution or convictions.
About 150 women's organizations in India are active in working
for social justice and economic advancement of women and in
linking women's problems to larger social concerns.
The Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act of 1989 added to other protective legislation
by specifying a new range of offenses and providing stiffen
sanctions with special courts. It has not, however, checked
atrocities committed against these groups. The Government
announced that there had been a total of 16,810 cases of
atrocities (including murder, rape, burning, and beating)
against scheduled castes and scheduled tribes in 1990. In the
first 3 months of 1991, the rate of atrocities had increased,
with 5,456 cases reported. There were no convictions under the
1989 Act, although the Government's minorities commission noted
that many cases were pending.
Section 6 Worker Rights
a. The Right of Association
The Constitution provides for the right of association as
defined by the International Labor Organization (ILO). Workers
are guaranteed the right to form and join unions of their own
choosing without prior authorization, including in the seven
export processing zones (EPZ's); several trade union
confederations exist. Most trade unions have some tie to a
political party, national or local, but they make a point of
stressing their formal independence from political parties and,
on occasion, differ from their respective political allies on
labor-related issues.
Trade unions have the legally protected right to strike, but
public sector unions (i.e., in government-owned industries)
have 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 central government authorities 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. At least two of the EPZ's limit the right to
strike. Approximately 730 strikes occurred in India in 1990
(the latest year for which figures are available).
By and large, human rights abuses against unions or unionized
workers have not been a problem in India. On September 28,
however, leading Madhya Pradesh trade union leader Shankar Guha
Niyogi was shot and killed by unidentified assailants.
Suspects included local industrialists opposed to his
organizing activities and rival trade unionists. State
authorities turned investigative responsibility over to the
(federal) Central Bureau of Investigation.
Unions are free to join and participate in international trade
union organizations and maintain a broad range of such
affiliations.
b. The Right to Organize and Bargain Collectively
The right to organize (including protection against antiunion
discrimination) and to bargain collectively has existed in
Indian law for decades. Trade unions carry out these
activities independently and without government or, in general,
employer attempts to interfere. Police and judicial
authorities are generally quick to protect peaceful union
activities. However, the ILO Committee on Freedom of
Association considered three cases alleging antiunion
discrimination by private and state-owned companies in
retaliation for a union's protected activity and called on the
Government employer to assure that ongoing disciplinary
proceedings against workers do not violate ILO principles
barring prejudice in employment because of union membership or
activities.
In addition to the availability of normal civil and criminal
courts, a system of specialized labor courts exists to hear and
adjudicate labor-related complaints.
Collective bargaining is the normal means of setting wages and
settling disputes, and trade unions are usually vigorous in
defending worker interests in this process. Where collective
bargaining fails to establish locally ecjuitable wage levels,
the Government may set up tripartite boards, including trade
union representation, to determine them.
The Trade Union Act prohibits discrimination against union
members and organizers, and employers may be penalized if they
discriminate. Physical access to the EPZ ' s ordinarily is
limited to those who work in them, and union organizers are not
exempt from these limitations. While workers in EPZ ' s have the
legal right to organize and bargain collectively, trade union
activity is rare. Women workers, who are more difficult to
organize, constitute the bulk of the work force in the EPZ ' s.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by the Constitution. A Supreme
Court decision, however, has defined "forced labor" as work at
less than the minimum wage (minimum wages are usually set by
the states, not the central Government). Under this
definition, "forced labor" is widespread throughout India,
particularly 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 extensive interest), is illegal and specifically
prohibited under national legislation passed in 1976. While
violations are punishable by imprisonment for up to 3 years,
individual state labor departments are responsible for law
enforcement and prosecutions are rare. As a result, despite
active central government opposition, the practice of bonded
labor continues and occurs among significant numbers of
agricultural and construction workers.
The Government estimated that, based on reports from the
states, as of March 31 there were 255,608 bonded workers in the
country, of whom 222,935 had been "rehabilitated" by government
authorities. The Gandhi Peace Foundation, however, estimates
the number at 10 times the government figure. Private social
organizations, such as trade unions, the Council for
Advancement of Peoples' Action and Rural Technology, and Action
for Welfare and Awakening Rural Environments, attempt to
identify cases of bondage and pursue them with relevant
officials. However, even with better coordination and
increased resources to overcome the complicated jurisdictional
division between central and state governments, the eradication
of bonded labor is proceeding slowly.
d. Minimum Age for Employment of Children
One-quarter of the world's child labor force is said to be in
India, where poverty and the lack of compulsory education make
it an especially serious problem. According to a Labor
Ministry survey, one out of four Indian children between the
ages of 5 and 15 is working. Government statistics put the
total at 17.5 million in 1985. Other figures put it as high as
44 million.
In 1986 legislation passed both houses of Parliament to ban the
employment of children under age 14 in hazardous occupations
(such as glass making, fireworks, match factories, and carpet
weaving) and regulate their employment in others. A child
labor division set up in 1987 in the Labor Ministry is carrying
out child welfare projects, including health and nutritional
programs, designed to rehabilitate child workers.
Nevertheless, progress has been slow. Some employers of child
labor have openly defied the Labor Ministry and resisted its
attempts at enforcement. As in the case of bonded labor, the
central Government often blames divided jurisdiction with state
governments for its inability to curb the practice. It has
urged private organizations, including the unions, to do more.
Most child labor abuses, however, occur in sectors outside the
traditional reach of labor organizations. The central
Government's fiscal 1990 budget allotted only $2.2 million for
all child welfare programs.
e. Acceptable Conditions of Work
While the basic minimum wage varies according to the state and
sector of industry, most "organized" workers receive much more
than the minimum wage, especially when legislatively mandated
bonuses and other benefits are included. In the "unorganized
sector," each state sets separate minimum wages for
agricultural workers, which are not well enforced. The minimum
wage for the unorganized section in New Delhi is considered
adequate only for the most minimal standard of living.
According to a government-sponsored report by the National
Commission on Self-Employed Women, most rural women work as
(unorganized) agricultural laborers, vulnerable to
exploitation. Overall, 94 percent of Indian women work in the
unorganized sector, which is not adequately regulated by labor
laws. Contractors customarily pay women wage rates lower than
those fixed by the several states. This is so even though
one-third of all Indian households are supported solely by
women, while in another third women are responsible for half
the family's income.
The Factories Act established an 8-hour workday and a 48-hour
workweek and provides for one 24-hour rest period which may be
worked if overtime is paid. These standards are generally
enforced and accepted (indeed, improved upon by various
enlightened employers and aggressive unions) in the modern
industrial sectors but tend not to be observed in the more
extensive older, smaller, and less robust industries. State
governments are responsible for the enforcement of the
Factories Act. However, the large number of industries covered
by a small cadre of factory inspectors, with their limited
training and susceptibility to bribery, makes 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.
