Muslims – Mumbai – Maharashtra State – Risk of Serious Harm – State Protection – Raza Academy – Relocation 4 November 2011
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Country Advice India India – IND39440 – Muslims – Mumbai – Maharashtra State – Risk of Serious Harm – State Protection – Raza Academy – Relocation 4 November 2011 1. Please provide current information relating to the risk of serious harm of Muslims in or around Mumbai. Please include information relating to the population of Muslims living in this state of India, as well as in India generally. According to the 2001 Indian census, Muslims constituted 13.4 per cent of India‟s population, which totalled approximately 1.15 billion at the time. Other minorities counted in the census included Christians at 2.3 per cent and Sikhs at 1.9 per cent. At the time, over 85 per cent of Muslims were Sunni; the rest were Shia.1 At the time of writing, data regarding religion from 2011 census results was not yet available. Muslims form majorities in Jammu and Kashmir states. There are also large concentrations of Muslims in Uttar Pradesh, Bihar, West Bengal, Andhra Pradesh, Karnataka, Kerala and Maharashtra states.2 Maharashtra, which includes the city of Mumbai, has a Muslim minority population of approximately ten3 or eleven per cent.4 The highest concentration of Muslims in Maharashtra is in Marathwada and surrounding areas (covering the cities of Aurangabad, Beed, Hingoli, Jalna, Latur, Nanded, Osmanabad and Parbhani).5 Estimates put Mumbai‟s Muslim population comparatively high, at between 15 and 18 per cent;6 Muslims are the second largest religious community in Mumbai.7 An article in The Times of India concluded that although there had been no major communal riots in Mumbai since 1992, the city experienced entrenched communal prejudices and had become increasingly ghettoised along religious lines. The article states that “Muslims prefer to 1 US Department of State 2011, International Religious Freedom Report (July-December) – India, 13 September Section I 2 US Department of State 2011, International Religious Freedom Report (July-December) – India, 13 September Section I 3 Mukherji, A. 2011, „Muslim, Buddhist pockets co-exist in Maharashtra – Report‟, The Times of India, 18 April http://articles.timesofindia.indiatimes.com/2011-04-18/mumbai/29442941_1_buddhists-muslims-educational-status – Accessed 27 October 2011 4Pathak, B.. (undated), „Federalism – Lessons from India‟, Transnational Perspectives website http://www.transnational-perspectives.org/transnational/articles/article429.pdf – Accessed 27 October 2011 5 Mukherji, A. 2011, „Muslim, Buddhist pockets co-exist in Maharashtra – Report‟, The Times of India, 18 April http://articles.timesofindia.indiatimes.com/2011-04-18/mumbai/29442941_1_buddhists-muslims-educational-status – Accessed 27 October 2011 6 Lakdawala, H. 2011, „Maharashtra Muslims – Low Work Participation Rate, Communal Strife Saps Morale‟, Islamic Voice website, May http://www.islamicvoice.com/May2011/COMMUNITYROUND-UP/ – Accessed 27 October 2011 7 „Mumbai‟s Population‟ (undated), indiaonlinepages.com website http://www.indiaonlinepages.com/population/mumbai-population.html – Accessed 27 October 2011 Page 1 of 10 settle in certain areas, and for those who don‟t it is difficult to buy or rent apartments in certain 8 areas of the city”. Mumbai has experienced two significant incidents of extremist activity in recent years. In 2008, a series of coordinated attacks by gunmen in the central business district resulted in almost 200 deaths and hundreds of injuries. India claimed that Pakistani militants were responsible for the attacks.9 In July 2011, another coordinated attack comprised bombings at the opera house, in the south of the city and in the residential area of Dadar. There were reportedly 27 deaths as a result of the bombings and the Indian Mujahideen were generally thought to have been responsible.10 Reports on these incidents suggest elements of religious extremism; however, no reports were located which stated that Muslims were the primary targets for these attacks. Sources reported some sporadic incidents of communal violence in Maharashtra state more widely, which have resulted in the serious harm of Muslim residents. For instance, in July 2008, a rumour over an alleged insult to the Qur‟an reportedly led to Hindu-Muslim violence in Digras and Pusad, both towns in eastern Maharashtra.11 Police firing during the violence reportedly resulted in two deaths.12 Other reported incidents of note included the following: In September 2009, communal violence occurred in Ichalkaranji, located in western Maharashtra, approximately 350 kilometres south-west of Mumbai. Rioting occurred after a disagreement between Hindu and Muslim communities over a publicly displayed cut out of a Hindu King slaying a Muslim knight. At least one person was stabbed and 40 places torched during the rioting.13 In September 2006, Thane and Marthwada areas saw a clash between residents involved in the Hindu Ganpati festival, and Muslims. Police reportedly quelled the situation in approximately 15 minutes.14 Also in 2006, a series of bombings, by Hindu extremists in Maharashtra, killed at least 37 people, most of whom were reportedly Muslim pilgrims.15 8 Singh, A. 2010, „Fractured city hopes to keep the peace‟, The Times of India, 28 September http://articles.timesofindia.indiatimes.com/2010-09-28/mumbai/28247415_1_muslim-community-riots-javed-anand – Accessed 27 October 2011 9 „India – Timeline – a chronology of key events‟ 2011, BBC News, 31 March http://ne ws.bbc.co.uk/2/hi/south_asia/1155813.stm – Accessed 24 August 2011 10 „July Mumbai blasts toll rises to 27 – report‟ 2011, Khaleej Times Online, source: Agence France Presse, 15 September http://www.khaleejtimes.com/DisplayArticle08.asp?xfile=data/international/2011/September/international_Septembe r636.xml§ion=international – Accessed 27 October 2011. 11 US Department of State 2011, International Religious Freedom Report (July-December) – India, 13 September Section II 12 UK Home Office 2010, Country of Origin Information Report – India, 4 January, p. 73-74 13 „Shoot orders in Maharashtra town‟ 2009, Hindustan Times, 8 September http://www.h industantimes.com/india- news/maharashtra/Shoot-orders-in-Mah arashtra-town/Article1-451412.aspx – Accessed 8 September 2009 14 „Communal Riots 2006‟ 2007, Countercurrents.org website, 5 January http ://www.countercurrents.org/comm- engineer050107.htm – Accessed 9 November 2010 15 „In a pluralistic part of India, fears of rising Islamic extremism‟ 2011, The Washington Post, 4 February http://www.washingtonpost.com/w p-dyn/content/article/2011/02/04/AR2011020403168_pf.html – Accessed 10 February 2011 Page 2 of 10 According to the Indian Ministry of Home Affairs, there were 750 incidents of Hindu-Muslim violence throughout the country in 2009. These incidents resulted in 123 deaths and 2,380 injuries. In 2008, there were 656 incidents, including four riots, which resulted in 123 deaths and 2,272 injuries. The US Department of State contextualises these figures by stating that during their most recent reporting period,”[t]he vast majority of citizens of all religious groups lived in peaceful coexistence and were conscious of religious freedom and minority rights”.16 2. Please provide current information relating to the availability of state protection in India to Muslims fearing religious-based violence. The US Department of State (USDOS) has reported that the Indian constitution and law provides for religious freedom, and the national government generally enforces the protection of this freedom. Some state and local governments enforce anti-conversion legislation, and do not effectively prosecute perpetrators of violence against minorities.17 The USDOS has further reported that the National Human Rights Commission (NHRC) and the Ministry for Minority Affairs are responsible for investigating allegations of religious discrimination. The NHRC‟s recommendations are not binding, however both central and local authorities reportedly generally follow them. The NHRC has intervened in several cases of harassment and violence against minorities. This includes intervention in high profile cases of religious violence, such as violence against Muslims in Gujarat state in 2002. Furthermore, independent legal institutions and a free press reportedly assist in ensuring religious freedom in India. In sum, the Indian government “provides minorities strong official legal protection, although at times its weak law enforcement, lack of trained police, and overburdened court system played a role in not addressing communal tensions as swiftly as possible”.18 Human Rights Watch published a report in 2009 which supported the position that, in general, enforcement issues at the local level may adversely affect the level of effective protection available from the Indian authorities. For instance, constables reportedly have limited training, and a heavy workload combined with a personnel shortage (one police officer for every 1,037 residents) lead to officers looking for investigative “short cuts”. Officers who are designated crime prevention and investigation duties are often diverted to carry out other duties, including patrolling religious processions, or patrolling demonstrations.19 Furthermore, Human Rights Watch has also alleged that Indian police officers are routinely not held to account for human rights violations.20 In January 2009, Reuters reported that at least 2,000 people had rallied in New Delhi against the alleged targeting of young Muslims for arrest in the wake of 2008 extremist attacks in Mumbai, and in other cities in recent years. Protesters arriving