Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: IND33034 Country: India Date: 13 March 2008 Keywords: India – Punjab – State politics – Sikhs – Congress Party – Sikh communities 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. What is the current political situation in Punjab, and the situation since 2007? 2. What is the situation for (Sikh) Congress party supporters in Punjab? 3. Are there Sikh communities outside Punjab and are there difficulties in Sikhs living in other states? RESPONSE 1. What is the current political situation in Punjab, and the situation since 2007? The response to this question explores state politics in Punjab, political conflict since the 2007 state elections, and the situation beyond mainstream politics. State politics in Punjab The website of the Government of Punjab outlines the structures of government in place in the state: The government and administration in Punjab are organized on the same lines as in other states of India. The legislative wing of the State is the House of People or the Vidhan Sabha. Punjab has an unicameral legislature, having abolished the upper house, the Vidhan Parishad in the ‘60s. The chief minister and members of his cabinet are members of the legislature and they are at the top of the executive wing of the government and are accountable to the legislature. As elsewhere, the MLAs, or Members of the Legislative Assembly, wield considerable influence over policy-making and implementation, more so because they are members of District level Planning and Grievance Committees set up by the government in each district. Local government The system of local government consists of Municipal Corporations, Municipalities, and Notified Area Committees in urban areas. Their main source of revenue is octroi and their main administrative functions are conservancy, local health laws, and approving building plans in their local jurisdiction, In rural areas, there is the usual set up of village panchayats, panchayat samitis and zilla parishads though, in practice, they do not wield administrative or legal powers of any consequence. Unlike in states such as Karnataka or Maharashtra, local government cannot be said to be highly developed in Punjab. The judiciary The judiciary and the executive are separated in Punjab as in other states in the country. However, the state shares a common High Court with the state of Haryana and the Union Territory of Chandigarh (‘Government – Overview’ (undated), Government of Punjab website http://punjabgovt.nic.in/GOVERNMENT/GOVERNMENT1.HTM – Accessed 4 March 2008 – Attachment 1). In recent years, victories in state elections (Legislative Assembly) have alternated between the Congress party (more formally known as the Indian National Congress or INC and also known as Congress I) on one side, and the combine of the Bharatiya Janata Party (BJP) and Shiromani Akali Dal (SAD) on the other side. The UK Home Office Country of Information Report on India provides a brief background to these parties: Akali Dal also termed as Shiromani Akali Dal A Sikh party, formed in 1920 and demanding an independent Sikh state. This demand has been dropped since the Punjab peace accord of 1985. Formed an alliance with the BJP in 1997, but lost the Punjab state elections in 2002. Strong performance in the 2004 elections, winning 10 out of 13 seats in Punjab. It is a major player in the northern state of Punjab… …Bharatiya Janata Party (Indian People’s Party) (BJP) ...The BJP was formed in 1980 from the former Bharatiya Jana Sangh, founded in 1951 as the political wing of the extremist Hindu nationalist organisation Rashtriya Swayamsevak Sangh (RSS), responsible for outbreaks of communal violence in which a mosque was destroyed at Ayodhya. The BJP and its allies (NDA) were routed in a surprise defeat in the 2004 elections. The former PM Atal Behari Vajpayee is viewed as the leading moderate while former deputy PM and current BJP parliamentary leader L.K. Advani fronts the hardline faction. [5h] [66] …Indian National Congress (INC) Party of Indian independence, then of Government for 45 of the following 50 years under Nehru, his daughter Indira Gandhi (Congress I) and grandson Rajiv Gandhi. Had support throughout India, but suffered massive losses in the North and partially in the West in 1998 and lost the confidence of traditional voters such as Muslims and scheduled castes. Sonia Gandhi, widow of Rajiv Gandhi, took over as President of Congress (I) in April 1998. In December 2003, Congress began actively seeking alliance partners. The 2004 national elections ended governance by the BJP and brought in a new left-leaning coalition Government, the United Progressive Alliance, led by Prime Minister Manmohan Singh after Sonia Gandhi declined the post. The INC with its allies won 217 seats (35.8% of the votes) in the parliamentary election. [66] (UK Home Office 2008, Country of Origin Information Report: India, 31 January, pp. 15-16 http://www.homeoffice.gov.uk/rds/pdfs08/india- 310108.doc – Accessed 1 February 2008 – Attachment 7; for reports on past elections, and for a more detailed background on the political situation in Punjab in recent years see Luce, E. 2002, ‘Asia-Pacific – Regional polls in India set to weaken grip of BJP’, Financial Times, 15 February – Attachment 2; Election Commission of India 2002, Statistical Report on General Election, 2002, to the Legislative Assembly of Punjab, Election Commission of India website http://www.eci.gov.in/archive/se2002/Stat_rep_2002_PB.pdf – Accessed 29 May 2003 – Attachment 3; ‘Congress gets a simple majority in Punjab’ 2002, Rediff, 24 February http://www.rediff.com/election/2002/feb/24_pun_agen_rep_20.htm – Accessed 5 August 2004 – Attachment 4). Punjab last held state elections in February 2007, with the results showing victory for the Shiromani Akali Dal – Bharatiya Janata Party (SAD-BJP) combine. In the aftermath of the election, SAD leader Parkash Singh Badal was sworn in as Punjab Chief Minister for the fourth time, after having served three previous terms in 1970–1971, 1977–1980, and 1997– 2002. Rediff reported: Akali Dal leader Parkash Singh Badal was on Friday sworn in as Punjab Chief Minister for a record fourth time. Punjab Governor S F Rodrigues administered the oath of office and secrecy to Badal at a ceremony held at PCA stadium in Mohali. He will head the SAD-BJP alliance government, thus ending the five-year rule of Amarinder Singh-led Congress government (‘Badal sworn in as Punjab CM’ 2007, Rediff, http://in.rediff.com/news/2007/mar/02punpoll.htm – Accessed 9 July 2007 – Attachment 5; see also Anand, A. K. 2007, ‘Badal prepares for fourth term as CM’, Rediff, 28 February http://in.rediff.com/news/2007/feb/28punpoll6.htm – Accessed 9 July 2007 – Attachment 6; UK Home Office 2008, Country of Origin Information Report: India, 31 January, pp. 15-16 http://www.homeoffice.gov.uk/rds/pdfs08/india-310108.doc – Accessed 1 February 2008 – Attachment 7). Municipal elections are also held in Punjab at various times, Zee News reported on elections in August 2007: The three main opposition parties in Punjab – Congress, CPI and CPM – demanded fresh elections in all the four municipal corporations in the state in view of what they described as large scale irregularities, including “mass booth capturing and rigging”. The opposition parties in a memorandum submitted to Governor S F Rodrigues here demanded that the MC poll in Amritsar, Jalandhar, Patiala and Ludhiana be declared as “null and void.” “The government of Punjab be dismissed for its undemocratic and unconstitutional act and the police and civil officers involved be reprimanded for their conduct in these elections,” the joint memorandum signed by the leaders of the three parties said. The memorandum said, “the entire election process from day one has been conducted in a way to give impression to the general public that the election is being contested by the police. The Congress candidates in many cases, particularly in paTIala [sic] were made to withdraw with threats [of] implicating them in false cases” (‘Opposition demands fresh MC poll in Punjab’ 2007, Zee News, 10 August http://www.zeenews.com/znnew/articles.asp?aid=388081&sid=REG&sname=&news=Opposi tion%20demands%20fresh%20MC%20poll%20in%20Punjab – Accessed 6 September 2007 – Attachment 8; for a report on municipal protests in previous years see ‘MC elections record heavy polling’ 2003, The Tribune, 2 March http://www.tribuneindia.com/2003/20030303/punjab1.htm – Accessed 5 March 2008 – Attachment 9). For more information on the Indian Constitution, the national government, and the various governments throughout the states of India see the RRT Research & Information package titled The Republic & States of India at a Glance (RRT Country Research 2006, The Republic & States of India at a Glance, August – Attachment 10). Political conflict since 2007 state elections Several sources, such as the BBC News, the UK Home Office and the South Asia Terrorism Portal, state that in recent years the political situation in Punjab has been relatively peaceful compared with the past. Nonetheless, there have still been reports of conflict between the major parties (Biswas, S. 2005, ‘The fading of Sikh militancy’, 16 March http://news.bbc.co.uk/2/hi/south_asia/3733271.stm – Accessed 10 March 2008 – Attachment 28; UK Home Office 2008, Country of Origin Information Report: India, 31 January, pp.