Refugee Review Tribunal AUSTRALIA

RRT RESEARCH RESPONSE

Research Response Number: IND34729 Country: Date: 29 April 2009

Keywords: India – – Indian National – Party – Political violence – Kumari Shelja – State protection

This response was prepared by the Research & Information Services Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT 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. This research response may not, under any circumstance, be cited in a decision or any other document. Anyone wishing to use this information may only cite the primary source material contained herein.

Questions

1. Please provide information on the current leadership and activities of the (INLD) in Haryana. 2. Have there been any reports of INLD supporters in Haryana being targeted or harmed by Congress Party supporters? 3. Please provide any available information on the politician Kumari Shelja, her history and her activities. 4. To what extent is state protection available to members of the INLD and others in Haryana who experience political violence?

RESPONSE

1. Please provide information on the current leadership and activities of the Indian National Lok Dal (INLD) in Haryana.

The Indian National Lok Dal (INLD) in Haryana is led by former chief minister . In order to challenge the ruling Congress party in the 2009 elections, the INLD has formed a new alliance with the Bharatiya (BJP), following the disbandment of the previous INLD-BJP alliance in the 2004 elections, which had negative political consequences for both parties:

…In the outgoing Lok Sabha, the Congress had nine seats while the seat was won by the (BJP). That election result had come almost one year before the Congress government came into power with a thumping three-fourth majority in the 90-member assembly. Repeating or bettering the nine out of 10 Lok Sabha seats performance of 2004 will not be an easy task for the Congress this time.

The Congress had polled over 42 percent votes in the 2004 general elections while it got 42.46 percent votes in the 2005 assembly polls. "We will win all the 10 seats this time. Our government has been development and people oriented. The state has not seen so much change in many years," Hooda said. But the opposition alliance of the Indian National Lok Dal (INLD) led by former chief minister Om Prakash Chautala and the BJP have geared themselves to put up a good fight to the Congress. The INLD and BJP, which had been in an alliance prior to the 2004 general elections, had split and both suffered the political consequences. For this general election, both have got together to consolidate their votebank. "We will sweep this election. People are completely fed up with the policies of the Hooda government. This election will be a referendum on the present government," INLD leader said (‘Haryana's Lok Sabha battle is for a bigger war’ 2009, Indo-Asian News Service, 20 April – Attachment 1).

The polling for the current will take place on 7 May 2009, and the results are due for release on 16 May 2009 (‘Constituencies: Haryana’ (undated) Indian Elections website http://www.indian-elections.com/haryana/index.html - Accessed 28 April 2009 - Attachment 2).

In the current elections, the Indian National Lok Dal (INLD) has nominated five candidates for the Lok Sabha seats it will share with the BJP in Haryana. The INLD- BJP combine will share ten seats, with the BJP announcing nominees for the districts of Ambala, , Sonepat, and ; and the INLD nominating candidates for (former Finance Minister ), (INLD State President Ashok ), (Dabwali MLA Sita Ram), (Nafe Singh Rathee), and -Mahendragarh (INLD Secretary General Ajay Singh Chautala) (‘INLD announces candidates for 2 LS seats’ 2009, UNI (United News of India), 27 March – Attachment 3; Ahuja, R. 2009, ‘INLD names candidates for polls’, The Hindu, 30 March – Attachment 4; ‘210 in fray for 10 seats in Haryana’ 2009, The Hindu, 23 April – Attachment 5).

An article dated 23 April 2009 indicates that INLD candidate for Kurukshetra, Ashok Arora, may be a strong contender for the Parliamentary seat, which has previously been thought of as “a safe seat for Congress.”

INLD is giving a tough fight to Congress in the prestigious Kurukshetra constituency which was considered a safe seat for Congress.

After the withdrawal of nominations there are 14 candidates left to fight out the elections for Kurukshetra Parliamentary seat. These include sitting MP Navin Jindal of Congress Ashok Arora President of state unit of INLD, Jaswant Singh of Haryana Congress (BL) Gurdial Sinfgh Saini of BSP Shri Pardhan of and 9 independent candidates.

The main fight is between Ashok Arora of INLD and sitting MP Naveen Jindal of Congress. The other candidates of political parties and independents do not stand any chance to win the seat but they can damage the chances of main contenders.

…Ashok Arora is highlighting the water and power problems being faced by the residents in the last five years. He is also highlighting the work done by him as transport Minister in Chutala Government. He claims that that in the present Congress regime no one from area got any job in Government department. [H]e is touring dozens of villages every day.

Sources in INLD say that Kailasho Devi ex MP, who had been keeping aloof from the party activities after she was denied the ticket, has now come out in full support of the party candidate Ashok Arora. Sainis are in a large number in the constituency and their support is crucial for any party to do well (Gupta, V. K. 2009, ‘INLD gives tough time to Congress in Kurukshetra’, Newsline, 23 April http://www.punjabnewsline.com/content/view/16194/ - Accessed 28 April 2009 – Attachment 6).

INLD Secretary General Ajay Singh Chautala, grandson of former deputy Prime Minister, the late , is considered to be “a mass leader to reckon with” who “is nowadays becoming the first choice of the public of State in campaigning and rallies” (‘Ajay Chautala emerges as star campaigner for INLD-BJP’ 2009, The Pioneer, 1 March – Attachment 7). Also the son of former Haryana chief minister Om Prakash Chautala, Ajay Chautala was instrumental in the organization of the INLD’s month long 600km protest march, which aimed to emphasise the INLD’s opposition to the ruling Congress government in Haryana. Ajay believes that the Congress party’s rule in Haryana has resulted in “mayhem prevailing in the state. Police is engaging in fake encounters, killing innocent people and indulging in various corrupt activities. The government is also busy in accumulating money by grabbing poor farmers' land, imposing new and increased taxes” (‘Indian National Lok Dal to start anti- government march’ 2009, India Info website, 11 January http://news.indiainfo.com/2009/01/11/0901111452_indian_national_lok_dal_start_ant i-government_march.html - Accessed 24 April 2009 - Attachment 8).

On completion of the 30-day foot march, the INLD demanded the dismissal of the Congress government:

Haryana’s main opposition Indian National Lok Dal (INLD) Thursday ended its 30- day, 600-km foot march across the state and its chief Ajay Chautala submitted a memorandum to Governor A.R. Kidwai, demanding dismissal of the Congress government.

Ajay Chautala, INLD secretary general and son of former chief minister Om Parkash Chautala, was accompanied by over 50 supporters as he reached the Raj Bhawan and met the governor.

“We have urged the governor to dismiss the government of with immediate effect. We have made him aware of the mayhem prevailing all over the state under the Congress rule,” Ajay Chautala told mediapersons outside the Raj Bhawan.

The Jan Akrosh Padyatra, or march to give voice to people’s resentment, covered 11 districts. It was organised by INLD in collaboration with the National Democratic Alliance (NDA) to protest against the state government.

With the culmination of the foot march, a massive rally was organised later Thursday. It will be addressed by NDA leaders including Bharatiya Janata Party (BJP) president Rajnath Singh, -United (JD-U) chief , and Punjab Chief Minister apart from Om Parkash Chautala.

Party supporters from across Haryana started gathering at the venue of the rally here since early morning.

“We are expecting nearly 100,000 people at the rally. It could be the biggest rally in the ,” INLD spokesman Ram Brar told IANS” (‘INLD completes foot march, demands Hooda government’s dismissal’ 2009, Thaindian News, 12 February http://www.thaindian.com/newsportal/uncategorized/inld-completes-foot- march-demands-hooda-governments-dismissal_100154239.html - Accessed 24 April 2009 – Attachment 9).

In addition, the INLD launched a new campaign in Haryana in March, which aimed to “reach out” to all voters in the districts of Haryana. The INLD leaders who have been placed in charge of the campaign in various districts are outlined in the following article:

The opposition Indian National Lok Dal (INLD) has decided to start its campaign for the Lok Sabha elections in the state by launching a “Chalo matdata ki or” (let’s go to the voters) from March 12.

…INLD president Ashok Arora said under the election campaign, the party will try to reach out to each and every voter in all the districts and Vidhan Sabha constituencies of the state. Under this plan, separate party coordinators have been named to lead the election campaign.

INLD general secretary and MP Ajay Chautala has been made the campaign incharge for Bhiwani-Mahendragarh constituency, while Ashok Arora is in charge of Kurukshetra region. Professor Sampat Singh will campaign in Rohtak constituency and B.D. Dhalia in Ambala.

Gopichand Gehlot has been assigned region, while M.L. Ranga will campaign in Faridabad. Former Vidhan Sabha speaker Satbir Kadian has been made incharge of the election campaign in Jhajjar, Capt Inder Singh of , former chief parliamentary secretary Rampal Majra of Sonepat and Jaswinder Sandhu of constituency.

…Talking to The Indian Express, senior BJP leader Gyan Chand Gupta said the party was carrying out a statewide campaign for the past 15 days to attract young voters. Booth-level agents were also being appointed by the party and the entire exercise was likely to be completed by the end of the month, said Gupta (Khatry, R. 2009, ‘INLD to launch poll campaign on March 12’, Express India, 10 March http://www.expressindia.com/latest-news/inld-to-launch-poll-campaign-on-march- 12/433121/ - Accessed 28 April 2009 – Attachment 10).

2. Have there been any reports of INLD supporters in Haryana being targeted or harmed by Congress Party supporters?

A recent article from the Punjab Newsline describes the killing of a youth INLD leader from in Haryana, Neeraj Singh, reportedly by the Congress president in Palwal, Dr Harender Pal, and his supporters. INLD leader Ajay Singh Chautala also claimed that Congress party leaders have been involved in many criminal acts:

Indian National Lok Dal (INLD) has severally condemned the gruesome killing of Palwal youth INLD leader Neeraj Singh by Palwal District Congress president Dr Harender Pal & his accompalices.

While denouncing the deteriorating law & order situation INLD secretary general Ajay Singh Chautala said that Congress party leaders have become desperate and anarchic fearing all imminent defeat. Recalling the recent beating of a Meham journalist & snatching of Camera by Congress goons in the presence of Meham Congress MLA, Mr Chautala said that in last few days many such incidents have been reported where Congress Party leaders have been found to be involved in criminal activities.

Chautala said that many killings & criminal incidents have been reported on Tuesday itself as one person Jasbir was shot dead at Titolli of District Rohtak reportedly by Motorcycle born killers, 12th class student was shot at village Jamaawadi, kidnapping of two children from village Mangawaas of District Jhajjhar. He said that these incidents are just tip of the iceburg as law & order situation has totally collapsed and total anarchy in the state (‘INLD condemned killing if its youth leader’ 2009, Punjab Newsline, 2 April http://www.punjabnewsline.com/content/view/15869/ - Accessed 27 April 2009 - Attachment 11).

An article from Express News Service also outlines the murder of Neeraj Singh, reporting that his uncle Mahavir has demanded a CBI inquiry into the incident, which he alleged was committed “in broad daylight on March 30 by District Congress chief Harinder Pal, and his associates Ravinder and Prithvi.”

The Punjab and Haryana High Court has issued notices to Haryana government, and also the Superintendent of Police (SP) and SHO of Palwal on a petition filed by Mahavir, a resident of the township.

Mahavir has demanded a CBI inquiry into the murder of his nephew Neeraj last month. Mahavir alleged in his complaint that Neeraj was murdered in broad daylight on March 30 by District Congress chief Harinder Pal, and his associates Ravinder and Prithvi.

Mahavir further alleged that his nephew was murdered because he had contested the municipal elections against Harinder Singh’s relative. He alleged that Harinder’s family nurtured a grudge against Neeraj, and murdered him at his residence.

As per the FIR, Neeraj was sitting with his family members on the verandah of his residence when Harinder and his associates came in a car and opened fire at him. Neeraj was rushed to a hospital, where he was declared brought dead. An FIR was registered on March 31 by .

Mahavir has alleged that though the FIR was registered, the guilty have not been arrested due to political pressure. The petitioner has alleged that Harinder is very close to the Haryana chief minister and has influenced the Police. The petitioner has demanded an independent investigation into the case, and action against the police officers for not taking action against the guilty persons (‘Murder case: Kin demand CBI inquiry’ 2009, Express News Service, 18 April http://www.expressindia.com/latest-news/murder-case-kin-demand-cbi- inquiry/448519/ - Accessed 29 April 2009 – Attachment 12).

An article in The Hindu dated 19 March 2009 highlights the tension between the INLD and the Congress party, reporting that the INLD made allegations against the Congress party in Haryana of “misusing official machinery and officials for election campaigning”.

The Indian National Lok Dal (INLD) has urged the Election Commission to act against the Congress government in Haryana for allegedly misusing official machinery and officials for election campaigning.

A delegation led by party secretary-general and Rajya Sabha MP Ajay Singh Chautala met the full Commission here on Wednesday and presented “concrete and tangible” photo and documentary evidences to prove its allegation that the Congress violated the model code of conduct. Mr. Chautala said later that the EC assured the delegation that appropriate action would be taken to ensure free and fair polls in the State.

The INLD alleged that the Congress government led by Chief Minister Bhupinder Singh Hooda was putting out advertisements on television channels, FM radio and buses publicising its achievements. Besides, Officer on Special Duty to the Chief Minister was addressing public gatherings and meetings and inaugurating government development works (‘INLD alleges poll code violation by Congress’ 2009, The Hindu, 19 March – Attachment 13).

A later article in The Hindu reported that in response, the Haryana unit of the Congress party made allegations against INLD president Om Parkash Chautala, claiming that he had “violated the code of conduct for Lok Sabha elections by making false and unsubstantiated allegations against Congress leaders”.

Surender Singh Hooda, press secretary of the State Congress, said in his complaint that Mr. Chautala at a recent public rally in Bawal had alleged that Congress leaders had amassed crores of rupees and deposited the amount in foreign banks. He had charged that this was a clear violation of sub-rule (2) of rule 1 of general conduct which prohibits making unverified allegations in the public.

He pointed out several other instances where Mr. Chautala had “brazenly violated the code of conduct”. At one of his meetings, he had alleged that the Congress had helped 36 capitalists and industrialists in amassing huge properties.

Mr. Hooda said he had personally handed over the complaint to State Chief Electoral Officer Sajjan Singh in his office on Monday.

A copy has also been sent to the Election Commission of India in New , Mr. Hooda added (‘Congress complains to Election Commission against Chautala’ 2009, The Hindu, 21 April – Attachment 14).

3. Please provide any available information on the politician Kumari Shelja, her history and her activities.

A profile of Kumari Shelja on the Haryana Assembly government website indicates that she occupies the position of Union Minister of State for the Ministry of Housing and Urban Poverty Alleviation:

Member Name Kumari Shelja Party INC Parliamentary Constituency Ambala Date of Birth 24/09/1962 Birth Place Sex Female

…Qualification(s) M.A., M.Phil.

Place(s) of Education Educated at Convents of Jesus and Mary, and Panjab University, Chandigarh

Present Profession Agriculturist, Political and Social Worker

Positions Held 1990 Joint Secretary, All India Mahila Congress; 1991 Elected to ; Member, Executive Commitee, Congress Parliamentary Party ; July 1992-Sept. 1995 Union Deputy Minister, Human Resource Development Department of Education and Culture; Sept. 1995-May 1996 Union Minister of State, Human Resource Development Department of Education and Culture ; 1996 Re-elected to (2nd term) ; Member, Executive Committee, Congress Parliamentary Party; 2004 Re-elected to (3rd term); Union Minister of State (Independent Charge) Ministry of Housing and Urban Poverty Alleviation; Member, Executive Committee, Congress Parliamentary Party

…Social Activities Upliftment of Scheduled and other disadvantaged groups.

…Favourite Subjects Environment with special reference to the regeneration of ecologically degraded areas; problems of the developmental issues of the Third World (‘Member of Lok Sabha: Kumari Shelja’ (undated), Haryana Vidhan Sabha website http://haryanaassembly.gov.in/ParliamentMemberDe tails.aspx?MemberID=1 – Accessed 24 April 2009 – Attachment 15).

It appears that Kumari Shelja is also referred to as Kumari Selja, as various sources indicate both names are used to describe the same person. For example, the list of Congress candidates for the 2009 (current) Lok Sabha elections includes Kumari Selja as the candidate for the state of Haryana and the constituency of Ambala (‘List of Lok Sabha Candidates of Congress’ 2009, Indian Elections website, http://www.indian-elections.com/partyprofiles/congress.html - Accessed 24 April 2009 – Attachment 16). Similarly, a recent article indicates that Union Minister for Urban Employment and Poverty Alleviation Kumari Selja was elected in the Ambala constituency of Haryana in the 2004 Lok Sabha elections (‘Selja, Bhajan, Ajay Chautala file nominations’ 2009, UNI (United News of India), 15 April – Attachment 17).

In addition, the terms used to describe the position of Kumari Shelja in the Congress party range from Union Minister for Urban Housing and Poverty Alleviation, Housing Minister, Union Minister of State for Housing and Urban Poverty Alleviation, and Union Minister for Urban Employment and Poverty Alleviation (‘Women get raw deal in ticket distribution in Haryana’ 2009, UNI (United News of India), 14 April – Attachment 18; Ahuja, R. 2009, ‘Congress re-nominates five Haryana MPs’, The Hindu, 5 April – Attachment 19; ‘Selja, Bhajan, Ajay Chautala file nominations’ 2009, UNI (United News of India), 15 April – Attachment 17; Sura, A. 2009, ‘Cong attempt to woo encroachers backfires’, , 24 February – Attachment 20; ‘Indian Express: Shelter fund for affordable housing mooted’ 2008, Indian Express, 30 December – Attachment 21).

An article dated 13 March 2009 describes claims by the INLD that the Congress party is experiencing division among its leaders, with disparities arising “between Union Minister Selja, MP from Ambala, and Chief Minister Bhupinder Singh Hooda”. In particular, an opposition leader claims that Selja’s close relationship with Congress president Sonia Gandhi has meant that she “remains immune to any direct or indirect pressure exerted by the state leadership”:

The opposition Indian National Lok Dal (INLD) is hopeful that the reported dissension in the ruling Congress in some constituencies of the state will benefit it in the forthcoming Lok Sabha elections.

According to Ajay Singh Chautala, general secretary of the INLD and Rajya Sabha member, the Congress is a divided house where most of the leaders nurse leadership ambitions and sometimes even openly express their differences. In such a situation, the third party is naturally the gainer, he feels.

The INLD leaders believes that on seats like Ambala, Bhiwani-Mahendergarh, Karnal, Gurgaon and Faridabad, the Congress leaders are divided and there exists groupism among the party which will eventually benefit them.

“Differences between Union Minister Selja, MP from Ambala, and Chief Minister Bhupinder Singh Hooda have sometimes come out in the open. Selja, who is said to be close to Congress president and UPA chairperson Sonia Gandhi, remains immune to any direct or indirect pressure exerted by the state leadership,’’ points out an opposition leader (Khatry, R. 2009, ‘INLD hopes to cash in on Cong ‘differences’’, Indian Express, 13 March http://www.indianexpress.com/news/inld-hopes-to-cash-in- on-cong-differences/433922/0 - Accessed 28 April 2009 – Attachment 22).

However, in the recent Congress election campaign in Ambala, Chief Minister Hooda described Ms Selja as the “strongest candidate of this constituency” and “a leader of stature”, who “had always been instrumental in bringing several welfare schemes to the state which had started resulting in changing the life of people and also uplifting the face of the Ambala constituiency [sic].” In addition, Mr Hooda referred to Ms Selja as “like a younger sister” (Singh, B. 2009, ‘Hooda's Vijay Rath Yatra reached Ambala’, Punjab Newsline, 11 April http://www.punjabnewsline.com/content/view/16037/ - Accessed 28 April 2009 – Attachment 23).

Similarly, in an article describing a press conference attended by Kumari Selja, it is claimed that she refuted “all notions about any internal brawl in the party in Haryana.”

The sitting MP from Ambala Parliamentary constituency, Kumari Selja was addressing a press conference at the residence of MLA Naggal, Nirmal Singh, in Ambala Cantt here on Sunday for the first time after she has been declared candidate from here once again.

Applauding the achievements of UPA government she said that the government at the centre had launched various development schemes for the welfare of people of the country. She said that in the time of global economic recession our nation was least effective and price hike could be controlled, it was due to the strong economic policies structured by the UPA government, she added.

She said that Congress had given priority to youth to come forward foreseeing better leadership in future.

Answering a question she said that it would not affect the Congress in Lok sabha elections if the alliance parties contest at their own in some states. She said sometimes pre polls alliances did not workout but post poll alliances were more important to form a government at the centre.

…On the issue of Black money in foreign banks she said that there was an urgent need to eradicate the root cause of the corruption. She further said that UPA government had initiated in this direction by implementing Right to Information Act. It was an matchless weapon in the hands of a common man for transparent functioning in government machinery.

Refuting all notions about any internal brawl in the party in Haryana she clearly said that Congress party was a well organized party and it was like an institution which had strong foundation. She said that every congressman abide by the ideology of party. She said all the congressmen would participate in the election campaign in full swing with zest and zeal to ascertain the success of all the Congress candidates at every cost. She assured that the party would win all the 10 seats in Haryana.

She said that she never had made any pre poll promises to lure the votes of her constituency. It was the development works done under various schemes prove her commitment towards the welfare of the people of the constituency (Singh, B. 2009, ‘Selja starts campaigning from Ambala, says Congress workers in upbeat mood’, Punjab Newsline, 5 April http://www.punjabnewsline.com/content/view/15934/ - Accessed 28 April 2009 – Attachment 24).

The INLD has also accused Ms Shelja, along with other Congress candidates in Haryana, of being involved in scams and controversies, as follows:

Indian National Lok Dal (INLD) has described all the Congress candidates in Haryana as tainted, controversial, rejected and scammers.

INLD secretary general Ajay Singh Chautala said Tuesday that almost all the Congress candidates have been involved in scams, scandals and other controversies.

Chautala said that Congress candidates have been tried and tested and would be rejected by the people as they had no contribution for the state or people in the parliament during the last five years. Almost all were either involved in property dealings, land scams, job scams, land grabbing’s or any other illegal work, he added. All were interested in self-welfare and development but none was working for public welfare, he added.

… Chautala said that it has been a matter of record that Congress minister & candidate from Ambala Shelja reportedly sheltered the Agro fed fake job scam prime accused. Rohtak MP and son of chief minister, Deepinder Singh Hooda has been said to be involved in number of land scams, job scams, CLU deals & SEZ scams (‘INLD says, all Cong candidates in Haryana are tainted’ 2009, Punjab Newsline, 8 April http://www.punjabnewsline.com/content/view/15984/93/ - Accessed 28 April 2009 – Attachment 25).

An article in The Hindu dated 7 August 2005 reported that Kumari Shelja had allocated funds for the provision of “basic infrastructure for the poor in cities” which “would look after the needs of poor in different areas like education, health and other services.”

The Union Minister of State for Urban Employment and Poverty Alleviation Kumari Shelja, has said that Rs. 10,000 crores would be spent annually on providing basic infrastructure for the poor in cities.

She told reporters at Nellore and Manubolu on Saturday, Ms. Shelja said that the welfare of poor has always been a major objective in the Common Minimum Programme (CMP) of the United Progressive Alliance (UPA) Government and accordingly it has been decided to allocate Rs. 10,000 crores every year for their emancipation. The allocation would look after the needs of poor in different areas like education, health and other services, said the Minister.

Regarding the activities of her Ministry, Ms. Shelja, complimented the State Government and said that the Chief Minister Y.S. Rajasekhara Reddy has been carrying the objectives of the UPA Government.

Housing schemes

Since the State Government has launched `Rajiv Gruhakala' programme to build 2 lakh houses in the initial stage, the Housing and Urban Development Corporation (HUDCO) has decided to extend an assistance of Rs. 380 crores, out of which Nellore district would get 5,240 houses. The Minister said Rs. 116 crores has been sanctioned for Andhra Pradesh towards low cost sanitation programme, which also aims at liberation of 4,256 scavangers. For development of rural areas, a loan of Rs. 176.22 crores has been provided, which would pave the way for construction of 15 lakh low cost dwellings. For improvement of infrastructure, Nellore corporation, Kavali and Gudur municipalities have been provided with a sum of Rs. 67.5 crores. For housing and infrastructure facilities, Nellore district as a whole, has been provided with an assistance of Rs. 178.52 crores by the HUDCO. Under Valmiki, Ambedkar Yojana scheme, Nellore, Kavali and Gudur civic bodies would be provided with Rs. 14.66 crores, she informed.

UPA agenda

Ms. Shelja disclosed that the UPA Government has undertaken two missions to tackle the problem of growing urbanisation and these include constitution of National Urban Renewal Mission in 60 cities and Basic Services Provision scheme, covering all minimum needs. Despite the usual financial constraints, her Ministry would provide assistance for any civic amenities scheme, depending on the need and urgency, she said.

On a inauguration-spree

The two Union Ministers of State -- Panabaka Lakshmi and Kumari Shelja -- went on a spree of laying foundation stones and inaugurations of several schemes costing crores of rupees in different mandals of Nellore district on Saturday, though it was not clear whether all these schemes have got administrative clearance. However, the formalities have been completed on a large scale, with a number of officials and non- officials present on the occasion.

The programmes included laying of foundation stone for community hall-cum-health centre, housing colony at SC locality, inaguration of primary school building and inauguration of Gram Panchayat office building at Manubolu mandal headquarters. At Padarupalli under Nellore corporation limits, the Ministers laid foundation stone for urban housing programme for 770 houses. Foundation was also laid for community hall-cum-health centres at Taticherlapalem of Allur mandal and at Ramatheertham of Kodavalur mandal. At Nellore Indira Bhavan, a plaque for Sarvepalli community hall-cum-health centre was unveiled by Ms. Shelja (‘Rs.10,000 cr. for improving infrastructure in slums’ 2005, The Hindu, 7 August http://www.hindu.com/2005/08/07/stories/2005080706310300.htm - Accessed 24 April 2009 – Attachment 26).

Kumari Shelja’s involvement in housing projects is also outlined in an article from The Economic Times (‘Developers to reserve 20% space for EWS’ 2009, The Economic Times, 5 January http://economictimes.indiatimes.com/Economy/Developers_to_reserve_20_space_for _EWS/articleshow/3938139.cms - Accessed 24 April 2009 – Attachment 27).

4. To what extent is state protection available to members of the INLD and others in Haryana who experience political violence?

A 2008 report on India by Freedom House provides general information on political rights and freedoms in India, highlighting India’s “reasonably free elections” and acceptance of “peaceful political activism.” However, the report also indicates that voters experience intimidation in some areas, and that corruption and criminality in politics undermines the effectiveness of governments.

India is a mature democracy that has held regular and reasonably free elections since independence, and sitting governments are thrown out of office with increasing frequency. Under the supervision of the vigilant Election Commission of India (ECI), recent elections have generally been free and fair. The last national elections, held in spring 2004, featured a decline in election-related violence, but some vote fraud and other minor irregularities occurred in despite the introduction of electronic voting machines throughout the country. Violence has also declined during recent state-level elections. However, badly maintained voter lists and the intimidation of voters in some areas continue to be matters of concern.

A wide range of political parties operate freely, and there are no restrictions on peaceful political activism. However, due to the rising popularity of regional and -based parties, coalition governments have become the norm, and effective governance has suffered as a result.

Government effectiveness and accountability are also undermined by pervasive criminality in politics, decrepit state institutions, and widespread corruption. India was ranked 72 out of 180 countries surveyed in Transparency International's 2007 Corruption Perceptions Index. The electoral system depends on "black money" obtained though tax evasion and other means. Politicians and civil servants are regularly caught accepting bribes or engaging in other corrupt behavior. In one recent incident, 11 members of Parliament (MPs) were forced to resign after being filmed taking cash in return for asking specific questions in Lok Sabha sessions. Moreover, a number of candidates with criminal records have been elected, particularly in the state legislatures. Despite laws requiring candidates to declare their financial assets, criminal records, and educational backgrounds, those with links to organized crime or whose election victories were dependent on unreported money continue to serve as lawmakers, as do a number of MPs who face serious criminal charges. More positively, the 2005 Right to Information Act has reportedly improved bureaucratic transparency by giving citizens better access to records. However, whistleblowers and other activists who try to expose corruption within the bureaucracy often receive threats or are otherwise penalized in terms of career prospects.

… Police often torture or otherwise ill-treat suspects to extract confessions or bribes. Custodial rape of female detainees continues to be a problem, as does routine abuse of ordinary prisoners, especially minorities and members of the lower castes. The National Human Rights Commission (NHRC), whose profile has grown since its creation in 1993, is headed by a retired Supreme Court judge and handles roughly 80,000 complaints each year. However, while it monitors abuses, initiates investigations, makes independent assessments, and conducts training sessions for the police and others, its recommendations are often not implemented and it has few enforcement powers. The commission also lacks jurisdiction over the armed forces, which severely hampers its effectiveness (Freedom House 2008, ‘Freedom in the World 2008 – India’, UNHCR Refworld website, 2 July http://www.unhcr.org/refworld/docid/487ca2145.html - Accessed 28 April 2009 – Attachment 28).

An article from the Punjab Newsline states that during the 2009 Lok Sabha elections, the Haryana Police have agreed to deploy 68,073 officers to cover Haryana’s 12,835 polling booths, to ensure that the elections are “free and fair”:

In order to ensure free and fair ensuing general elections of Lok Sabha in Haryana, Haryana Police would deploy 68073 police personnel.

Giving this information, here today, a spokesman of the Police Department said that the Union Home Ministry also agreed to provide 28 companies of various Central Para Military forces to Haryana for elections.

He said that there are 12835 polling booths in Haryana which would cover the 21 districts of the State. While outlining the details of police personnel to be deployed, he said that 31711 police personnel were deployed from districts, 4258 from State Armed Police like HAP/ IRB, 14025 home guard volunteers, 3000 special police officers, 1000 forest guards and 450 NCC/NSS cadets. Besides, he said that the additional force to be deployed on the sensitive/hypersensitive booths would be 1925/1283 that is in the ratio of 15 per cent and 10 per cent respectively.

The spokesman further said that that Secretary, Haryana Sainik Board, also assured to provide 2000 more special police officers during elections (‘Haryana to deploye over 68000 policemen on election duty’ 2009, Punjab Newsline, 6 April http://www.punjabnewsline.com/content/view/15945/ - Accessed 28 April 2009 Attachment 29).

However, in an article from the Punjab Newsline cited earlier, the INLD accused the Congress government of disregarding the security of the common people, and failing to take action against the “ruthless” Haryana Police:

INLD secretary general Ajay Singh Chautala said that…

…Law and order situation has deteriorated during the last four years of Congress rule in the state as government protected people are demanding ransom money and people not accepting their demands were being killed by those gangs.

In the Congress regime, the Haryana police has become total ruthless and deep nexus between criminals, ruling politicians and bureaucracy has been developed, whereas the common-men was targeted in various fake police encounters but the government has failed take any action against the erring police officers or the criminals.

Chief minister Hooda & his coterie has no concern for the people’s cause or people security, they are only concerned about looting the public exchequer and money and filling his coffers, INLD leader added (‘INLD condemned killing if its youth leader’ 2009, Punjab Newsline, 2 April http://www.punjabnewsline.com/content/view/15869/ - Accessed 27 April 2009 – Attachment 11).

In a similar article from 3 November 2008, the INLD describes the Haryana Police as “uncontrollable and unruly” for whom “killing innocent people has become a habit or matter of routine”:

INLD has condemned the brutal killing of an innocent student by Haryana Police in an encounter. INLD secretary general & Rajya Sabha MP Ajay Singh Chautala demanded the sacking of Hooda government and imposition of President Rule in the state as there was 'Jungle Raj and total anarchy'.

Ajay Chautala said that police has become uncontrollable and unruly. While criticising the government protection to the police's nastiness, he said that Chief Minister is working like a despot rather than a public representative. It is highly condemnable that police and the government was trying to protect the culprit policemen by stating irresponsible and contradictory statements like 'accidental death' or 'ran away'.

INLD leader said that killing innocent people has become a habit or matter of routine of Haryana Police and this is yet another incident involving police cruelty on the general guiltless people. Two weeks ago Haryana police had killed Jaswir Singh Jassa, a resident of Dhakla village in a fake encounter. A Bharatnagar, Bhiwani school girl and another villager from Gaaranpura were also killed in another fake encounter. Vikas son of Jaipal, resident of Dulhera village in Bahadrgarh was also killed by police in a fake encounter. All these police encounters should be enquired by some sitting judge of High Court and Hooda government should be sacked immediately, he further added.

…While referring Sarita rape & suicide case, incident, Gurgaon police Lathi charge, police brutality, Rohtak police firings and several other cases, he said that Haryana police has ruined the good name of the peace loving Haryanvi people and state reputation. No action has been taken against guilty police officials despite all the earlier misleading announcements by chief minister, which has further emboldened the police to commit more brutalities and cruelty on the innocent people (‘INLD condemns killing of 'innocent' youth by Haryana police’ 2008, Punjab Newsline, 3 November http://www.punjabnewsline.com/content/view/13451 - Accessed 28 April 2009 – Attachment 30).

INLD president Om Prakash Chautala has similarly accused the Congress government in Haryana of being “tyrannical and repressive” and displaying complicity in the atrocities committed by the police against innocent people, as outlined in an article dated 21 December 2008:

INLD president and former Haryana chief minister Chaudhary Om Parkash Chautala…severally condemned the Kharak police firing incident and the inhuman attitude of Haryana government, killing at least two and injuring many innocent people. While lambasting ‘Hooda Government’ for series of police atrocities and numerous killings of innocent people, he said that the state police have gone totally out of control as the police is killing people every other day.

Former chief minister Chautala said that Hooda government has become tyrannical and repressive. Present government has long list of atrocities on the democratic & peaceful people movements, be it Gurgaon police atrocities on the labourers, cruel cane charge on businessmen at Panipat, on guest teachers, nurses, expelled police constables at Rohtak, on labourers at Karnal etc. The recent case is yet another addition in long list of shamefull incidents ever since Mr Hooda took over as chief minister of the state, he further added. He called upon all the people to rise above the caste considerations and defeat Congress party (‘INLD-BJP alliance promises jobs for all in Haryana’ 2008, Punjab Newsline, 21 December http://www.punjabnewsline.com/content/view/14478/93/ - Accessed 28 April 2009 – Attachment 31).

The Asian Centre for Human Rights 2008 report on India also highlights the human rights violations committed by the Haryana Police:

The Haryana Police continued to be responsible for serious human rights violations such as custodial deaths, illegal detention, torture and rape.

According to the 2006 Annual Report of National Crime Records Bureau, a total of 1,233 complaints were received against the police personnel in Haryana during 2006. Departmental inquiries were ordered into 615 cases. 11 police personnel were sent up for trial during the year. The NCRB failed to report the number of police personnel whose trials were completed and the number of police personnel convicted.

… The Haryana Police continued to responsible for illegal detention and torture.

According to the information received by Asian Centre for Human Rights under the Right to Information (RTI) Act, the NHRC received 19 cases of illegal arrest, 30 cases of unlawful detention, 1 case of disappearance and 298 cases of other police excesses in Haryana during the period of 1 April 2006 to 31 March 2007. The NHRC also received 816 complaints of failure to take action by the police during the same period.

On the night of 11 April 2007, Vijay Kumar (32), resident of Silla Khera village, and Jora Singh, son of Rai Singh of Sind tehsil, were allegedly beaten up by a police person at Sadar police station in . They were kept in the police lock-up for the whole night and tortured (Asian Centre for Human Rights 2008, India Human Rights Report 2008, ACHR website, December, pp. 59-60 http://www.achrweb.org/reports/india/AR08/AR2008.pdf - Accessed 11 December 2008 – Attachment 32).

List of Sources Consulted

Internet Sources: Government Information & Reports US Department of State website http://www.state.gov UK Home Office http://www.homeoffice.gov.uk/ Non-Government Organisations Amnesty International website http://www.amnesty.org/ Human Rights Watch (HRW) website http://www.hrw.org/ UNHCR Refworld website http://www.unhcr.org/refworld/ Region Specific Links Punjab Newsline website, http://www.punjabnewsline.com/ The Times of India website, http://timesofindia.indiatimes.com/ Express India website, http://www.expressindia.com/ The Hindu http://www.hindu.com The Economic Times http://economictimes.indiatimes.com Thaindian News website http://www.thaindian.com/ Indian Express http://www.indianexpress.com Topic Specific Links Indian Elections website http://www.indian-elections.com Haryana Vidhan Sabha website http://haryanaassembly.gov.in/ Search Engines Copernic http://www.copernic.com/

Databases: FACTIVA (news database) BACIS (DIAC Country Information database) REFINFO (IRBDC (Canada) Country Information database) ISYS (RRT Research & Information database, including Amnesty International, Human Rights Watch, US Department of State Reports) MRT-RRT Library Catalogue

List of Attachments

1. ‘Haryana's Lok Sabha battle is for a bigger war’ 2009, Indo-Asian News Service, 20 April. (FACTIVA)

2. ‘Constituencies: Haryana’ (undated) Indian Elections website http://www.indian- elections.com/haryana/index.html - Accessed 28 April 2009.

3. ‘INLD announces candidates for 2 LS seats’ 2009, UNI (United News of India), 27 March. (FACTIVA)

4. Ahuja, R. 2009, ‘INLD names candidates for polls’, The Hindu, 30 March. (FACTIVA)

5. ‘210 in fray for 10 seats in Haryana’ 2009, The Hindu, 23 April. (FACTIVA)

6. Gupta, V. K. 2009, ‘INLD gives tough time to Congress in Kurukshetra’, Punjab Newsline, 23 April http://www.punjabnewsline.com/content/view/16194/ - Accessed 28 April 2009.

7. ‘Ajay Chautala emerges as star campaigner for INLD-BJP’ 2009, The Pioneer, 1 March. (FACTIVA)

8. ‘Indian National Lok Dal to start anti-government march’ 2009, India Info website, 11 January http://news.indiainfo.com/2009/01/11/0901111452_indian_national_lok_dal_start_ant i-government_march.html - Accessed 24 April 2009.

9. ‘INLD completes foot march, demands Hooda government’s dismissal’ 2009, Thaindian News, 12 February http://www.thaindian.com/newsportal/uncategorized/inld-completes-foot-march- demands-hooda-governments-dismissal_100154239.html - Accessed 24 April 2009.

10. Khatry, R. 2009, ‘INLD to launch poll campaign on March 12’, Express India, 10 March http://www.expressindia.com/latest-news/inld-to-launch-poll-campaign-on- march-12/433121/ - Accessed 28 April 2009.

11. ‘INLD condemned killing if its youth leader’ 2009, Punjab Newsline, 2 April http://www.punjabnewsline.com/content/view/15869/ - Accessed 27 April 2009.

12. ‘Murder case: Kin demand CBI inquiry’ 2009, Express News Service, 18 April http://www.expressindia.com/latest-news/murder-case-kin-demand-cbi- inquiry/448519/ - Accessed 29 April 2009.

13. ‘INLD alleges poll code violation by Congress’ 2009, The Hindu, 19 March. (FACTIVA)

14. ‘Congress complains to Election Commission against Chautala’ 2009, The Hindu, 21 April. (FACTIVA)

15. ‘Member of Lok Sabha: Kumari Shelja’ (undated), Haryana Vidhan Sabha website http://haryanaassembly.gov.in/ParliamentMemberDetails.aspx?MemberID=1 - Accessed 24 April 2009.

16. ‘List of Lok Sabha Candidates of Congress’ 2009, Indian Elections website, http://www.indian-elections.com/partyprofiles/congress.html - Accessed 24 April 2009.

17. ‘Selja, Bhajan, Ajay Chautala file nominations’ 2009, UNI (United News of India), 15 April. (FACTIVA)

18. ‘Women get raw deal in ticket distribution in Haryana’ 2009, UNI (United News of India), 14 April. (FACTIVA)

19. Ahuja, R. 2009, ‘Congress re-nominates five Haryana MPs’, The Hindu, 5 April. (FACTIVA)

20. Sura, A. 2009, ‘Cong attempt to woo encroachers backfires’, The Times of India, 24 February. (FACTIVA)

21. ‘Indian Express: Shelter fund for affordable housing mooted’ 2008, Indian Express, 30 December. (FACTIVA)

22. Khatry, R. 2009, ‘INLD hopes to cash in on Cong ‘differences’’, Indian Express, 13 March http://www.indianexpress.com/news/inld-hopes-to-cash-in-on-cong- differences/433922/0 - Accessed 28 April 2009.

23. Singh, B. 2009, ‘Hooda's Vijay Rath Yatra reached Ambala’, Punjab Newsline, 11 April http://www.punjabnewsline.com/content/view/16037/ - Accessed 28 April 2009.

24. Singh, B. 2009, ‘Selja starts campaigning from Ambala, says Congress workers in upbeat mood’, Punjab Newsline, 5 April http://www.punjabnewsline.com/content/view/15934/ - Accessed 28 April 2009.

25. ‘INLD says, all Cong candidates in Haryana are tainted’ 2009, Punjab Newsline, 8 April http://www.punjabnewsline.com/content/view/15984/93/ - Accessed 28 April 2009.

26. ‘Rs.10,000 cr. for improving infrastructure in slums’ 2005, The Hindu, 7 August http://www.hindu.com/2005/08/07/stories/2005080706310300.htm - Accessed 24 April 2009.

27. ‘Developers to reserve 20% space for EWS’ 2009, The Economic Times, 5 January http://economictimes.indiatimes.com/Economy/Developers_to_reserve_20_space_for _EWS/articleshow/3938139.cms - Accessed 24 April 2009.

28. Freedom House 2008, ‘Freedom in the World 2008 – India’, UNHCR Refworld website, 2 July http://www.unhcr.org/refworld/docid/487ca2145.html - Accessed 28 April 2009.

29. ‘Haryana to deploye over 68000 policemen on election duty’ 2009, Punjab Newsline, 6 April http://www.punjabnewsline.com/content/view/15945/ - Accessed 28 April 2009.

30. ‘INLD condemns killing of 'innocent' youth by Haryana police’ 2008, Punjab Newsline, 3 November http://www.punjabnewsline.com/content/view/13451 - Accessed 28 April 2009.

31. ‘INLD-BJP alliance promises jobs for all in Haryana’ 2008, Punjab Newsline, 21 December http://www.punjabnewsline.com/content/view/14478/93/ - Accessed 28 April 2009.

32. Asian Centre for Human Rights 2008, India Human Rights Report 2008, ACHR website, December http://www.achrweb.org/reports/india/AR08/AR2008.pdf - Accessed 11 December 2008.