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Communist Party of India (Marxist) – Christians – Calcutta – Bangladeshis – Police

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Communist Party of India (Marxist) – Christians – Calcutta – Bangladeshis – Police Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: IND17412 Country: India Date: 12 July 2005 Keywords: India – Communist Party of India (Marxist) – Christians – Calcutta – Bangladeshis – Police This response was prepared by the Country Research 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. Questions 1. Are people perceived to be Bangladeshi migrants subject to discrimination (or more serious harm) in Calcutta at present? If so why, and by whom (eg police, or the general community?), and how widespread is it? 2. Is this a problem throughout India? 3. Where are the CPIM active (eg Calcutta only)? 4. Are they known to target migrant groups or Christians? 5. It appears from the FIDH report that the Calcutta authorities failed last year to protect victims of the CPIM. Could you clarify if that is because the CPIM have some influence in the area? RESPONSE 1. Are people perceived to be Bangladeshi migrants subject to discrimination (or more serious harm) in Calcutta at present? If so why, and by whom (eg police, or the general community?), and how widespread is it? 2. Is this a problem throughout India? Sources cited below report on the problems associated with identifying Bangladeshis. Information on whether people perceived to be Bangladeshi migrants are subject to discrimination or more serious harm in India was scarce. Two recent incidents in Assam and Orissa are detailed below. Identifying Bangladeshis An email from the Asian Human Rights Commission (AHRC) dated 22 June 2005 reports that the Delhi administration presumes that “any person who speaks Bangla language and is also a Muslim is a Bangladeshi” (Leena, D. 2005, Email from the Asian Human Rights Commission ‘A family forced to live under starved conditions in the national capital of India’, 22 June, Vol. 1, No. 7 – Attachment 1). An article dated 12 June 2005 in The Telegraph comments on the difficulty of separating Bangladeshis from residents of Bengal, Bihar and Assam. “There is no option but to go to the apex court as it is virtually impossible to separate Bangladeshis from the lot belonging to Bengal, Bihar and Assam. Most of them have changed their identities. They have Hindu names and have even got ration cards. Many of them have picked up Bihari and dialects of West Bengal and some do not even speak their language at all. Finding them is like finding a needle in a haystack. …” said an official (Kumar, Manan 2005, ‘No work permits for settlers’, The Telegraph, 12 June http://www.telegraphindia.com/1050613/asp/nation/story_4860728.asp – Accessed 29 June 2005 – Attachment 2). An article dated 28 May 2005 in The Hindu reports on the difficultly of distinguishing illegal immigrants from those who entered Assam prior to 25 March 1971. There is no way illegal migrants can be distinguished based on physical appearance from those who entered Assam prior to March 25, 1971 (the cut off date in the Assam Accord). There has also been intra-State migration of pre-1971 settlers in search of livelihood due to acute agro crisis and loss of their habitats as well as cultivable land (large sandbars in the heart of the Brahmaputra known as Chars) caused by annual floods and erosion. This makes it difficult for local people to distinguish a genuine Indian citizen from an illegal migrant. In such a situation there is every possibility of pre-1971 immigrant settlers being wrongly suspected of being an illegal migrants when the locals belonging to the majority Assamese speaking population decide to respond to an appeal for an economic boycott of illegal migrants, out of their genuine fear of being marginalised (Talukdar, Sushanta 2005, ‘No welcome for them in Assam’, The Hindu, 28 May – Attachment 3). An article dated 25 May 2005 in The Economic Times reports that the Union Home Minister, Shivraj Patil, is concerned that the campaign against illegal Bangladeshi immigrants may also hurt Bangla-speaking Indians. “This campaign may also hurt Bangla-speaking population in the country, particularly in West Bengal,” the home minister said (‘Central govt wants no “hype” over drive against immigrants’ 2005, The Economic Times, 25 May http://economictimes.indiatimes.com/articleshow/1120641.cms & http://economictimes.indiatimes.com/articleshow/msid-1120641,curpg-2.cms – Accessed 5 July 2005 – Attachment 4). Assam An article dated 18 May 2005 by The Islamic Republic News Agency reports that the Assam State Government has announced the formation of “vigilance groups to prevent harassment of genuine Indians in the name of hounding Bangladeshi nationals.” The government in India’s northeastern state of Assam Wednesday announced formation of vigilance groups to prevent harassment of genuine Indians in the name of hounding suspected Bangladeshi nationals from the state, officials said. “The vigilance committees will comprise representatives of political parties, eminent citizens, police and members of social organizations to monitor the process of identification of suspected Bangladeshi migrants in each and every district of the state,” Assam Chief Minister Tarun Gogoi told IRNA. The formation of the vigilance committees comes in the wake of reports of ‘harassment’ of Indian citizens in the name of evicting illegal Bangladeshi nationals from Assam (‘Vigilance groups to prevent harassment of genuine Indians’ 2005, Islamic Republic News Agency, 18 May http://www.irna.ir/en/news/view/line-17/0505180839143210.htm – Accessed 5 July 2005 – Attachment 5). An article dated 16 June 2005 by BBC News reports that Muslims of Bengali origins have been driven out of Assam during the recent drive against Bangladeshis. As Assamese regional groups renew their drive against those they believe are “illegal infiltrators” from neighbouring Bangladesh, these Muslims, whose ancestors settled in Assam several decades ago, are becoming easy targets. …Groups like the Chiring Chapori Yuva Manch (Youth Forum of Chiring Chapori) have resumed the drive against the “illegal migrants” in northern Assam …The victims of the Chiring’s eviction drive are Muslims who migrated to Northern Assam from the state’s western districts. Most Muslims evicted from Northern Assam allege the police have actively backed the Chiring supporters in the pogrom. The police deny the charges. But the stories told by the Muslim community paint a very different picture. “The policemen broke into our house. We produced our citizenship certificates and voter’s identity cards, but they insisted we are Bangladeshis. They would listen to nothing,” said Mohammed Jehangir, who worked as a mason in Dibrugarh. …The Assam administration says only about 600 to 700 Muslims may have been evicted from northern Assam districts. Many Muslim leaders of the Congress are angry at the “indifference of the state government”. They say the number of those evicted are in thousands rather than hundreds, forced out of northern Assam in trucks. They are compelled to travel in pitch dark to avoid police attention – and the gaze of the Assamese youth activists (Bhaumik, Subir 2005, ‘Assam’s victims of “religious hatred”’, BBC News, 16 June http://news.bbc.co.uk/2/hi/south_asia/4094918.stm – Accessed 5 July 2005 – Attachment 6). Orissa An article dated 17 January 2005 in The Statesman reports on the serving of Quit Indian Notices on Bangladeshis in Orissa. The article notes that some of the residents served were legitimate Indian citizens. The Quit India Notice exercise today progressed at a snail’s pace due to the non-cooperation of residents in helping authorities locate the houses of illegal Bangladeshi infiltrators. Locals alleged some genuine settlers had been served with the notice yesterday and hence they were opposed to the move. …Mr Mrutyunjaya Mandal, sarpanch of Ramnagar GP, presently undergoing the notice service exercise, said the village panchyat body representatives extended the desired assistance yesterday. But now onwards it would no more be so. “We simply should not be a party to injustice as majority of those being served with notice are bonafide Indian settlers and migrants from neighbouring West Bengal,” he quipped. A sizeable number of Bangla infiltrators, who were served with the Quit India notice since yesterday, have threatened to seek judicial intervention challenging the notice service on the ground that legitimate Indian citizens like them were tagged as foreign nationals. …The sarpanch, Ramnagar GP Mr Mrutyunjaya Mandal and former sarpanch, Kharinasi GP, Mr Narayan Haldar who helped the police in identification of the enlisted persons yesterday later took strong exception at the manner which legitimate Indian citizens were served the notice to quit the country within a month. Citing the instances of Mr Prafulla Mistry and others who were registered refugees, they threatened that the bonafide citizens served with ignominious quit the country notice would knock at the Orissa High Court. Gross injustice is being meted out to these unarmed men battling for bread and butter here. It’s almost like sending them to gallows (‘Loathe to quit India’ 2005, The Statesman, 17 January – Attachment 7). An article dated 11 March 2005 in The Statesman reports that the Orissa State Government has asked the 1,548 Bangladeshis from Kendrapara, who were served with Quit India Notices, to submit relevant documentary evidence by 10 April 2005 to prove they are Indian citizens (‘“Infiltrators” asked for roots proof’ 2005, The Statesman, 11 March – Attachment 8). 3. Where are the CPIM active (eg Calcutta only)? Election results cited below suggest that the CPIM (Communist Party of India (Marxist), CPI(M), CPI-M and CPM) are present in Andhra Pradesh, Assam, Bihar, Gujarat, Jammu & Kashmir, Kerala, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Tamil Nadu, Tripura, Uttar Pradesh, West Bengal, Chhattisgarh, Jharkhand, Uttaranchal, Andaman & Nicobar Islands, Dadra & Nagar Haveli.
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