Refugee Review Tribunal AUSTRALIA

RRT RESEARCH RESPONSE

Research Response Number: IND33219 Country: Date: 14 April 2008

Keywords: India – India – – Internal Relocation –

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.

Question 1. Are there other states besides State in India where a Muslim man could relocate and access a reasonable level of protection?

RESPONSE

Information was found to indicate that Indian citizens have the freedom to relocate to any state, except for some areas of Jammu and Kashmir, and certain border areas in some north- eastern states. Information was found to indicate that while laws exist in India protecting religious freedoms, the Government may not always act effectively to protect citizens from non-state actors, and significant levels of corruption subsist within various state police forces. Information was found to indicate that several Indian states, including Assam, , and Kerala, have significant Muslim populations. Sources were located to suggest that of these states, Kerala may be a comparatively viable state for internal relocation for Muslims.

An overview of source material on internal relocation for Muslims in India is provided below under the following sub-headings: Internal Relocation in India, Religious Freedom and General Treatment of Muslims in India, Police Corruption in India, Religious Demography of India, Muslims in Kerala, Politics in Kerala and the Muslim Community, Communal Tension and Violence in Kerala, and Languages Spoken in Kerala and the Muslim Community.

Internal Relocation in India Advice from DFAT, dated 13 October 2003, provides the following information on freedom of movement in India:

Indian citizens have the freedom to relocate from one area of India to another, with two exceptions: in the state of Jammu and Kashmir, Indian citizens from other states are not allowed to buy property, but can stay in any part of the state without seeking official permission. Indian citizens who are not residents of the particular area are required to obtain a permit to visit some border areas of Jammu and Kashmir, and border areas in the north- eastern states of India. The permits are valid for six months. Indian citizens who have been arrested and released on bail are required to report regularly to local police authorities. In these instances judicial permission is required to relocate to another part of the country (Department of Foreign Affairs and Trade 2003, DFAT Report No. 519 – India: RRT Information Request: IND16042, 13 October – Attachment 1).

The most recent US Department of State Report on Human Rights Practices in India provides the following assessment of freedom of movement for citizens in India:

The law provides for freedom of movement, and the government generally respected this in practice; however, in certain border areas the government required special permits (US Department of State 2008, Country Reports on Human Rights Practices for 2007 – India, 11 March, Section 2.d – Attachment 2).

Previous RRT Research Response IND16331 of 3 December 2003 referred to sources which identified the role of linguistic nationalism and of localized social groupings in India, noting these factors as possible impediments to internal relocation in India (RRT Country Research 2003, Research Response IND16331, 3 December – Attachment 3). These sources included:

 A paper from the University of Kentucky website, which noted that ―India is a classic example of a polyglot state and linguistic nationalism is one of many forces threatening to tear the nation apart‖(‗Human Geography of ‘ (undated), University of Kentucky website http://www.uky.edu/LCC/GEO/160/SouthAsia.htm – Accessed 3 December 2003 – Attachment 4).

 A paper which discussed the effects of forced relocation of communities for development projects in India, which noted that ―Communities of oustees are often fragmented and randomly atomised, tearing asunder kinship and social networks and traditional support systems… With the destruction of community and social bonds, the displaced are mired in anomie and a profound sense of loneliness and helplessness‖ (Hemadri, R. et al (undated), ‗Dams, Displacement, Policy and Law in India‘, World Commission on Dams website, p. xix http://www.dams.org/docs/kbase/contrib/soc213.pdf – Accessed 3 December 2003 – Attachment 5).

Religious Freedom and General Treatment of Muslims in India The US Department of State report on Human Rights Practices in India in 2007 provides the following general information on the treatment of Muslims in India:

The law provides for secular government and the protection of religious freedom, and the central government generally respected these provisions in practice; however, occasionally the government did not act effectively to counter societal attacks against religious minorities and attempts by state and local governments to limit religious freedom. This failure resulted in part from legal constraints inherent in the country‘s federal structure and in part from shortcomings in the law enforcement and judicial systems. There is no state religion, although the fact that the majority of citizens are Hindus adversely affected on occasion the religious freedom of others. Some Hindu hardliners interpreted ineffective investigation and prosecution of their attacks on religious minorities as evidence that they could commit such violence with impunity.

…Muslims in some Hindu-dominated areas continued to experience intimidation and reported a lack of government protection, resulting in their inability to work, reside, or send their children to school (US Department of State 2008, Country Reports on Human Rights Practices for 2007 – India, 11 March, Section 2.c – Attachment 2).

The most recent US International Religious Freedom Report on India questions the capacity of the Indian State to adequately enforce laws protecting religious freedom:

The country is a secular state with no official religion. The Constitution protects the right of individuals to choose or change their religion as well as practice the religion of one‘s choice. Many NGOs argue that state-level ―anti-conversion‖ laws are unconstitutional and may reinforce the dominance of the Hindu majority. While the law generally provides remedy for violations of religious freedom, it was not enforced rigorously or effectively in many cases pertaining to religious-oriented violence. Legal protections existed to cover discrimination or persecution by private actors. The country‘s political system is federal and accords state governments the exclusive jurisdiction over law enforcement and the maintenance of order, which limits the national government‘s capacity to deal directly with state-level abuses, including abuses of religious freedom. The country‘s national law enforcement agency, the Central Bureau of Investigation (CBI), cannot investigate a crime committed in a state without the State Government‘s permission. However, the National Government‘s law enforcement authorities, in some instances, have intervened to maintain order when state governments were reluctant or unwilling to do so. (US Department of State 2007, International Religious Freedom Report for 2007 – India, September 14 – Attachment 6).

An article published by Frontline on 18 November 2006 provides this general analysis of the situation of Muslims in India:

The bulk of Indian Muslims suffer grave deprivation in social opportunity, because of lack of access to education, health care and other public services, and to employment. For the most part, they are even more disadvantaged than Dalits and are emerging as, if they have not already crystallised into, India‘s principal underclass. Forty-three per cent of them live below the official poverty line. Muslims are more likely to live in hovels without electricity than Dalits. Only 19 per cent have piped water supply, compared to 23 per cent Dalits.

Muslim men‘s work participation rate (48 per cent) is lower than Dalit males‘ (53 per cent). For Muslim women, it is just 9.6 per cent, less than half the Dalit women‘s 23 per cent. Muslims are less likely to use the public distribution system for food (22 per cent) than Dalits (32 per cent) or vaccinate their children (40 per cent) than Dalits (47 per cent).

…The literacy rate among Muslims is 59 per cent, below the national average (65 per cent) (Bidwai, Praful 2006, ‗Combating Muslim exclusion‘, Frontline, 18 November http://frontlineonnet.com/fl2323/stories/20061201003410600.htm – Accessed 14 April 2008 – Attachment 7).

The recent Sachar Report, commissioned by the Indian Government, provides extensive information on the situation of Muslims in India, concluding that ―while there is considerable variation in the conditions of Muslims across states, (and among the Muslims, those who identified themselves as OBCs [other backwards castes] and others), the Community exhibits deficits and deprivation in practically all dimensions of development‖ (Prime Minister‘s High Level Committee, Government of India 2006, Social, Economic and Educational Status of the Muslim Community of India, Indian Ministry of Minority Affairs website, November, p.237 – http://minorityaffairs.gov.in/newsite/reports/sachar/sachar_comm.pdf – Accessed 10 April 2008 – Attachment 8).

Police Corruption in India The 2007 US Department of State report on Human Rights Practices in India made the following general statement regarding police corruption:

Corruption in the police force was pervasive and acknowledged by many government officials. Officers at all levels acted with considerable impunity and were rarely held accountable for illegal actions. Should authorities find an officer guilty of a crime, transfer to a different post or position was the common response. Human rights activists and NGOs reported that bribery was often necessary to receive police services (US Department of State 2008, Country Reports on Human Rights Practices for 2007 – India, 11 March, Section 1.d – Attachment 2; for further information on police corruption in India see Question 2 of RRT Country Research 2005, Research Response IND30743, 25 October – Attachment 9).

A 2006 report from Frontline provides information on the general under-representation of Muslims in the police forces of various Indian states, and contends that ―dispassionate analysis of the data does not, in fact, demonstrate a correlation between the under- representation of Muslims in police forces and the scale or intensity of communal violence‖. The author cites the example of Kerala state, noting that:

Interestingly, two of the States with the best record of containing communal violence in the post-Independence period – West Bengal and Kerala – have a poor record on ensuring adequate representation of Muslims in the police (Swami, Praveen 2006, ‗Bias and the Police‘, Frontline, 2 December http://www.frontlineonnet.com/fl2324/stories/20061215002503300.htm – Accessed 11 April 2008 – Attachment 10).

Religious Demography of India A document from the Sachar Report provided information that as of 2001, Indian states with high percentages of Muslim residents included Jammu and Kashmir (67%), Assam (30.9%), West Bengal (25.2%), Kerala (24.7%), (18.2%), Bihar (15.9%), and Karnatarka (12.2%) (Prime Minister‘s High Level Committee, Government of India 2006, Social, Economic and Educational Status of the Muslim Community of India, Indian Ministry of Minority Affairs website, November, pp. 265 – http://minorityaffairs.gov.in/newsite/reports/sachar/sachar_comm.pdf – Accessed 10 April 2008 – Attachment 8).

The Sachar Report also provided information on the districts and states of India which have the highest concentrations of Muslim residents:

Of the 593 districts of India in 2001, only 9 could be considered predominantly Muslim, that is, with an over 75% Muslim population; these included Lakshadweep and eight districts from Jammu and Kashmir. In addition, Muslims constituted 50 to 75% of the population in 11 districts (six from Assam, two from Jammu and Kashmir, and one each from Kerala, Bihar, and West Bengal). Thus, only 20 districts had a Muslim majority. About 13% of India‘s Muslims (just over 18 million) resided in these districts. Thirty-eight districts had a substantial, though not majority, Muslim population of over 25% but below 50%. These were distributed in a number of states, Uttar Pradesh (12), West Bengal (5), Kerala (5), Assam (4), Bihar (3), Jharkhand (2), Delhi (2), and one each in Andhra Pradesh, Haryana, Jammu and Kashmir, Uttaranchal, and Pondicherry; they accounted for 22% of India‘s Muslim population. In a large number of districts (182) the Muslim share was between 10 and 25%, not large but not insignificant either; these districts accounted for almost half of India‘s Muslim population (65 million out of 138 million, that is, 47%). At the other end, 77 districts had a very small Muslim share, less than 1%.

…A district level map … highlights the Muslim concentration areas present mostly in the Indo-Gangetic plain, Jammu and Kashmir, the whole of Kerala, parts of Northeast (Assam) and the South-Central parts of India (Prime Minister‘s High Level Committee, Government of India 2006, Social, Economic and Educational Status of the Muslim Community of India, Indian Ministry of Minority Affairs website, November, pp. 30-32 – http://minorityaffairs.gov.in/newsite/reports/sachar/sachar_comm.pdf – Accessed 10 April 2008 – Attachment 8).

Muslims in Kerala Information was found to indicate that the southern Indian state of Kerala may provide comparatively safe living conditions for Muslim residents. An article published on the Counter Currents website on 30 June 2007 gives a positive assessment of the situation of Muslims in Kerala in comparison to Muslims resident in northern states:

Muslims form around a quarter of Kerala‘s population. Islam‘s first contact with India took place in Kerala, more than a thousand years ago. Kerala has the distinction of being India‘s most literate state. Although in terms of literacy the Muslims of Kerala are slightly behind the Hindus and the Christians of the state, they are considerably ahead of Muslims living elsewhere in India. In contrast to north India, where most of India‘s Muslims live, Kerala boasts numerous Muslim educational institutions, hospitals, orphanages and other such community-based institutions.

…Islam … spread in Kerala peacefully, largely through traders. Muslims never ruled Kerala, except for a brief period under Tipu Sultan, because of which the history of Hindu-Muslim relations in Kerala is quite distinct from that in the north, where successive Muslim dynasties ruled for over a thousand years. The north has had a long history of conflicts between Muslim and Hindu ruling houses that is in stark contrast to Kerala. Consequently, historically, and even now, Hindu-Muslim relations in Kerala have been far more harmonious than in the north. This has enabled the evolution of a distinct Malayali or Keralite identity, based on a common language, which unites the Hindus, Muslims and Christians of Kerala and sets them apart from other Indians. This also explains why in Kerala, unlike in large parts of north India, there are no separate Muslim ghettos—Muslims and others live, by and large, in the same mixed localities.

…The Partition affected the north Indian Muslims particularly, in contrast to Kerala, which was virtually untouched by its consequences. Few Kerala Muslims migrated to Pakistan. In north India, on the other hand, the bulk of the Muslim middle-class, which could have played a key role in institution building, political mobilisation and promoting modern education, migrated to Pakistan.

…the middle class among the Muslims in Kerala steadily grew in the post-Partition period, especially due to the Gulf boom from the 1970s onwards. They played a key role in mobilizing the Muslims politically as a strong, effective force. Being taken seriously by various political parties, they were able to get many of the demands of the community met. While in north India Muslim politics have been dominated by symbolic, although not unimportant, issues—Babri Masjid, Urdu, Muslim Personal Law and so on—in Kerala Muslim political discourse has been very different, focusing more on social and economic issues.

In Kerala, in contrast to the north, there has historically been a strong Muslim mercantile class. This class has flourished in recent years, and has financed the establishment of a wide range of community institutions.

Kerala …never had a long tradition of Muslim rule, and historically lacked a Muslim feudal class. Hence, Muslim popular culture is considerably less hierarchical.

Yet another key aspect of the Kerala Muslim model is the role of various social reform movements in the state, including the strong communist presence, the activities of various Christian organisations and the anti-caste movement, all of which have also impacted on the Muslims of the state. Added to this is the long tradition, from the late nineteenth century onwards, of Islamic reformist movements in Kerala, which continue to be vastly influential. They have played a key role in bridging the sharp dualism between the ulema and the ‗modern‘-educated class, in promoting ‗modern‘ as well as religious education, including women‘s education. They have also set up literally thousands of institutions that cater to the community—not just madrasas and mosques, as in much of north India, but also schools, colleges, hospitals, orphanages, industrial centres, banks, newspapers and so on. In this way, the ulema in Kerala have played a more socially engaged role than their counterparts in the north as far as community work is concerned (Sikand, Yoginder 2007, ‗Muslims In Kerala And Elsewhere: Accounting For The Difference‘, CounterCurrents website, 30 June http://www.countercurrents.org/sikand300607.htm – Accessed 14 April 2008 – Attachment 11).

Recent media reports were located which point to relatively peaceful communal relations in Kerala:

 An article from the United News of India indicated that in December 2007, Muslims celebrated the Bakrid festival in various locations across the state, and did not report any incidents of communal violence associated with these celebrations (‗Bakrid celebrated in Kerala with traditional piety‘ 2007, United News of India, 20 December – Attachment 12).

 An article from the Asian News International cited an incident where the Hindu and Muslim communities in a village in Malappuram had collaborated on the issue of the reconstruction of a Hindu temple next to a mosque, with a Muslim family donating land for the temple (‗Muslims donate land to construct Hindu temple‘ 2007, Asian News International, 25 September – Attachment 13).

The November 2006 Sachar Report provides a positive assessment of measures taken to assist the Muslim community in Kerala and through their classification as an ―Other Backwards Class‖ (OBC):

In terms of their policy of reservation for backward classes, Kerala and Karnataka stand out for having extended the benefits of reservation to their entire Muslim population. This has been achieved by including Muslims (minus the creamy layer) as a distinct group within the broad category of backward classes and then provided with exclusive quota. This distinct feature of their reservation policy dates back to the colonial period. In the erstwhile princely state of Mysore, affirmative action began as early as in 1874 when a government decision reserved 80 % of the posts in the Police department for the non-Brahmins, Muslims and Indian Christians. In Kerala, the demand for reservation for under-represented communities was accepted as early in 1936 in the princely states of Travancore and Cochin, and in Malabar, even earlier, in 1921. Quotas were fixed not only for caste groups such as the Ezhavas, but also for religious minorities, the Muslims and sections of Christians.

…In Kerala, the reservation scheme introduced in 1952, fixed the quantum of reservation at 45 % (including 10% for SCs and STs)… On the re-organisation of the State in 1956, the quota for backward classes was enhanced to 40 %. Later the scheme was modified to introduce sub-quotas for major backward groups. A separate Muslim share was fixed at 10 % that later rose to 12 %. At present, the reservation system in Kerala is as follows: Backward Classes 40 % (Ezhavas 14 %; Muslims 12 %; Latin Catholics 4 %; Nadars 2 %; Christian converts from S.C.s 1 %; Dheevaras 1 %; Other Backward Classes 3 %; Viswakarmas 3 %) and S.C.s and S.T.s 10 % (Prime Minister‘s High Level Committee, Government of India 2006, Social, Economic and Educational Status of the Muslim Community of India, Indian Ministry of Minority Affairs website, November, pp. 196-197 – http://minorityaffairs.gov.in/newsite/reports/sachar/sachar_comm.pdf – Accessed 10 April 2008 – Attachment 8).

The Sachar Report also indicates that literacy rates and schooling levels for Muslims in Kerala are well ahead of the national averages for Muslims, and only marginally trail the literacy and schooling levels for the broader Kerala community (Prime Minister‘s High Level Committee, Government of India 2006, Social, Economic and Educational Status of the Muslim Community of India, Indian Ministry of Minority Affairs website, November, pp. 287-292 – http://minorityaffairs.gov.in/newsite/reports/sachar/sachar_comm.pdf – Accessed 10 April 2008 – Attachment 8).

It is worth noting that a recent article published by the States News Service on 20 March 2008 reported comments by the United Nations Special Rapporteur on Freedom of Religion or Belief to the effect that the state of Kerala had commenced serious efforts to follow-up on the recommendations of the Sachar Report (‗Special Rapporteur on Freedom of Religion or Belief concludes visit to India‘ 2008, States News Service, 20 March – Attachment 15).

Question 1 of recent RRT Research Response IND32192 of 24 September 2007 referred to numerous sources which provided mixed information on the general situation of Muslims in Kerala (RRT Research & Information 2007, Research Response IND32192, 24 September – Attachment 14). These sources included:

 An August 2007 article which provided information on Muslim education in Kerala, noting that Kerala is ―considered a role model for other parts of the country [and] does score above its counterparts in terms of Muslim education‖, but also indicating that the Muslim community in Kerala is disadvantaged in terms of employment and higher education, and that the situation for Muslims in Kerala had deteriorated in the past 20 years (Deepa, A. 2007, ‗State of Muslim education in Kerala‘, India Together website, 2 August http://www.indiatogether.org/2007/aug/edu-muslimedu.htm – Accessed 20 September 2007 – Attachment 16).

 A May 2006 article from The Hindu which states that Muslims in Kerala ―lag far behind the other communities in terms of education, employment, political participation, artistic expressions, organisational leadership or access to bank credit‖ (‗Data on Muslim backwardness‘ 2006, The Hindu, 4 May http://www.hindu.com/2006/05/04/stories/2006050401570200.htm – Accessed 20 September 2007 – Attachment 17).

 An article published in The Hindu in March 2007 which reported comments by Subhashini Ali, the president of the All India Democratic Women‘s Association (AIDWA) that ―While the Bharatiya Janata Party, which had grown in strength, was fomenting hatred of Muslims, Kerala and West Bengal remained the only States where they were harassed to a lesser extent‖ (‗Muslim women doubly oppressed‘ 2007, The Hindu, 2 March – Attachment 18).

Politics in Kerala and the Muslim Community An article from the Kerala state government website provides a useful summary of the recent political history of Kerala, indicating that the Left Democratic Front (LDF) won the most recent elections of April-May 2006 (‗Political Background of the State of Kerala‘ (undated), Kerala State Government Website http://www.kerala.gov.in/knowkerala/political.htm – Accessed 25 August 2006 – Attachment 19).

A 2006 article from The Times of India was found which provided information to suggest that Muslims have been able to exercise their franchise in Kerala to effect political change:

Kerala‘s ruling Congress party is bracing for a shock in assembly elections, with at least half a dozen influential Muslim groups throwing their weight behind the Left Democratic Front (LDF).

Apart from the Indian National League, which is contesting three seats in alliance with the Left in northern Kerala, the People‘s Democratic Party (PDP), Jamat-e-Islami and the CH Secular Forum of dissidents in the Indian Union Muslim League (IUML) have publicly announced their support to the LDF. A Sunni group led by Kanthapuram AP Aboobackar Musaliar that has considerable support in the Lok Sabha constituency of Manjeri is also expected to support LDF candidates (‗Muslims swing to CPI-M in Kerala, Cong worried‘ 2006, The Times of India, 7 April http://timesofindia.indiatimes.com/articleshow/msid- 1480998,flstry-1.cms – Accessed 11 April 2008 – Attachment 20).

An article published in Frontline on 20 May 2006 provides information on the success of the CPI(M) led Left Democratic Front (LDF) at the April-May 2006 elections, making note of the swing of Muslim votes from the Muslim League to the LDF (Ramakrishnan, Venkitesh 2006, ‗Ascendant Left‘, Frontline, May 20, http://www.frontlineonnet.com/fl2310/stories/20060602003700400.htm – Accessed 14 April 2008 – Attachment 21).

A 2007 article published on the India Together website provides the following assessment of the role of the Muslim League in Kerala politics:

The Muslim League in Kerala has played a significant part in the formation of state governments, whether they have been led by the Left parties or the Congress. By its mere presence, as a formidable political party that has a say at the state level, the League has given the Muslim community a feeling of security (Deepa, A. 2007, ‗State of Muslim education in Kerala‘, India Together website, 2 August http://www.indiatogether.org/2007/aug/edu- muslimedu.htm – Accessed 20 September 2007 – Attachment 16; for further background on the Muslim League in Kerala see ‗Political Background of the State of Kerala‘ (undated) Kerala State Government Website http://www.kerala.gov.in/knowkerala/political.htm – Accessed 25 August 2006 – Attachment 19, and RRT Country Research 2001, Research Response IND14872, 5 November – Attachment 22).

Recent information was located to suggest that the current Kerala administration is taking steps to improve the position of the state‘s Muslim community:

 A recent article from The Hindu newspaper reported statements made by the Kerala State Secretary of the Communist Party of India (Marxist) party (which leads the current ruling coalition) to indicate that the CPI(M) is actively fostering links with the Muslim community in Kerala, and seeking to improve their living conditions (‗Muslims, communists coming closer: Pinarayi‘ 2007, The Hindu, 11 February http://www.hindu.com/2007/02/11/stories/2007021107990300.htm – Accessed 11 April 2008 – Attachment 23).

 An article published in The Hindu on 12 February 2007 reported comments made by Kerala‘s chief minister V.S. Achuthanandan criticizing communalism and the harassment of the Muslim community (‗Call to isolate communalists‘ 2007, The Hindu website, 12 March http://www.hindu.com/2007/02/12/stories/2007021204270300.htm – Accessed 26 March 2007 – Attachment 24).

The US International Religious Freedom report on India for 2007 provides information to indicate that in 2006 the Kerala High Court ruled to allow official oaths to be taken in the name of Allah:

On July 21, 2006, the Kerala High Court ruled that taking an official oath in the name of Allah is constitutionally valid. Observing that Allah is synonymous with God, the High Court dismissed a writ petition challenging the constitutional validity of the oath taken by 11 Muslim members of the Kerala Legislative Assembly who had used the name of Allah. US Department of State 2007, International Religious Freedom Report for 2007 – India, September 14 – Attachment 6).

Communal Tension and Violence in Kerala Recent reports were located which pointed to the existence in Kerala of communal tensions in which had the potential to develop into violence. An article of 1 December 2007 from Jane’s Islamic Affairs Analyst provided information to indicate that some communal tensions do subsist between the Hindu and Muslim communities in Kerala:

The visible Islamisation of social life in the southwestern state of Kerala in recent years, for example, has been remarkable. Given the separation between religion and politics in India, such activities need not carry political implications. However, they have brought often fierce reactions from non-Muslim members of local societies, jealous of the prosperity of others and disturbed at seeing previous social hierarchies overturned.

In turn, these reactions have elicited more radical responses from Muslim groups themselves, some of which have moved towards more assertive forms of Islamist politics. Noticeably, in Kerala, many newly founded mosques and madrassahs have rejected the protection and support of the Indian state in order to maintain an aggressive autonomy. Also, militant organisations, which are also banned by the Indian government, such as the Students‘ Islamic Movement of India (SIMI), have found increasing succour and support among pietistic (and wealthy) Muslim patrons (‗India‘s evolving Muslim community‘ 2007, Jane’s Islamic Affairs Analyst, 1 December – Attachment 25).

An article published in the Indian Express on 11 April 2007 reports that a broad range of Muslim groups in Kerala had banded together to combat the influence of the militant Islamic group the National Development Front (NDF). The article also provides the following information on the NDF:

Unlike other extremist outfits born in Kerala during the post-Babri ferment, the NDF had survived and consolidated itself following a carefully planned trajectory. Even while it regularly figures in communal killings, arson and violence across the state, and has a well- structured organization right down to tiny village units, its soft visible face remains a Supreme Council made up by a bunch of clerics, academics and professionals. It encourages its ranks to have a dual identity — they are scattered over many political parties in Kerala. The Muslim League had once resolved to expel all NDF men who had infiltrated it, but that has not happened. State intelligence reports had said the outfit was being funded from Iran and Pakistan, but nothing was proven. It owns considerable real estate, and even runs a morning newspaper and other publications (‗Kerala‘s Muslim groups unite against fundamentalist NDF‘ 2007, Indian Express, 11 April – Attachment 26; for background on the NDF see ‗The Muslim Rightwing in Kerala‘ 1999, India Today, 15 February – Attachment 27).

An article published in the Indian Express on 12 March 2006 reported on violent incidents in Kerala in the lead-up to the recent 2006 state elections, and quoted opinion from intelligence sources that ―the state is sitting on a communal powder keg‖ (‗In Kerala bastion, CPM fights hardline Muslim violence‘ 2006, Indian Express, 12 March – Attachment 28).

A report published by Frontline in May 2004 indicated that the Muslim and Christian communities in Kerala constituted ―significant minorities‖, and had ―organised themselves into socially and economically powerful political pressure groups‖, while the ―majority Hindu community has refused to come under a common organisation and has split its loyalty among various political parties and a handful of politically ambitious community organisations‖. The same report also noted that ―the growing prominence of the BJP-led alliance is upsetting traditional communal, caste and political equations‖ (Krishnakumar, R. 2004, ‗A minority power crisis‘, Frontline, Vol 21: Issue 10, May 08 – 21 http://www.frontlineonnet.com/fl2110/stories/20040521004512000.htm – Accessed 6 January 2004 – Attachment 29).

Information was also found which provides background to communal tensions in Kerala. Previous RRT Research Response IND17161 of 7 January 2005 refers to sources which provide information on communal tensions and violence in Kerala, including a report from the Rediff news service which describes an significant incident in Marad village in Kerala in May 2003, when one Muslim and eight Hindus were killed (RRT Country Research 2005, Research Response IND17161, 7 January – Attachment 30; Iype , George 2004, ‗Riot-hit Marad goes off netas‘ radar‘, rediff.com website, 7 May http://us.rediff.com/election/2004/may/07gi.htm – Accessed 6 January 2004 – Attachment 39; for further information on the Marad incident see Krishnakumar, R. 2003, ‗Kerala‘s communal challenge‘, Frontline, 24 May http://www.frontlineonnet.com/fl2011/stories/20030606001904400.htm – Accessed 14 April 2008 – Attachment 31).

The same research response also refers to sources which provide information on the activities of the pro-Hindu Bharatiya Janata Party (BJP) and Sangh Parivar in Kerala, including a March 2004 report from Frontline which connects the Sangh Parivar to the violence in Marad (Krishnakumar, R. 2004, ‗The spread in the South‘, Frontline, Vol 21: Issue 06, March 13 – March 26 http://www.frontlineonnet.com/fl2106/stories/20040326004900900.htm – Accessed 6 January 2005 – Attachment 32).

It is worth noting that a more recent DFAT Report on Kerala from September 2006 (which had specific reference to the situation of Christians) related the opinion of a Mr. Mathew Manakkat, an advocate and human rights activist from the Kerala state unit of the Peoples‘ Union for Civil Liberties, that in Kerala:

…the Bharatiya Janata Party (BJP) and other Hindu extremist groups have been weakened over the past few years and hence are no serious threat to the religious freedom of Christian and other non-Hindu communities (Department of Foreign Affairs and Trade 2006, DFAT No. Report 538 - India: RRT information Request: IND30502, 20 September – Attachment 33).

Languages Spoken in Kerala and the Muslim Community Information on Kerala on the AsiaRooms travel website indicates that ―The major languages of Kerala comprise , Tamil and English‖, and noted that English was the third most popular language (‗Languages of Kerala‘ 2008, AsiaRooms website http://www.asiarooms.com/travel-guide/india/kerala/culture-of-kerala/languages-of- kerala.html – Accessed 11 April 2008 –Attachment 34).

Question 2 of previous RRT Research Response IND31143 referred to several sources on language in Kerela (RRT Country Research 2007, Research Response IND31143, 8 January – Attachment 35). These included:

 A 2002 article which gives an overview of efforts to promote the Malayalam language as the official language of Kerala, noting that ―To facilitate legislation in Malayalam the Kerala official language Act was passed in 1969. It was presumed that by the end of 1978-1979 Malayalam was to be the official language in all government offices, government undertakings and the courts up to the taluk level, though the desired goal is not yet achieved‖ (Geethakumary, V. 2002, ‗A Contrastive Analysis of Hindi and Malayalam‘, Language in India website, 6 September http://www.languageinindia.com/sep2002/chap1.html – Accessed 3 January 2007 – Attachment 37).

 Information from the Sikshana website which points to the ability of the broader Kerala community to speak Hindi, noting that ―Apart from Hindi speaking States, teaching of Hindi is compulsory in most of the non-Hindi speaking States/UTs, though the classes from which the teaching of Hindi is compulsory differ from State to State. Teaching of Hindi is not compulsory in the States of , Tripura and region of Pondicherry (‗National Policy On Education, Government of India‘ 2002, Sikshana website http://www.sikshana.org/children_policies.html – Accessed 8 January 2007 – Attachment 36).

An article on the history of indicates that the Muslim community is divided into different groups, and that the language is widely used:

Kerala Muslims had several subdivisions. Some of these subgroups are known by such names as dakkini, labba, Kachmeman, nainar, ravuthar, marakkar, and koyimar. The dakkini group are descendants of the armies of sultan of Bijapur. Labbas are traders. They live in Kerala as well as Tamil Nadu. Labbas are of Arabic extraction. Ninars are believed to be converts from the Drawidians. Ravuthars were active in trade. Muslims of Malabar are collectively referred to as ‗‘. Kachumemons are descendants of traders of Gujarati origin. Another group called vattakolikal are of Arab decent and are mostly traders. They are also called navathukal. Koyimar originated in the area of Malabar called chowa and played a major role in internal and external trade.

Arabic language played a dominant role in the culture of Kerala Muslims. There were several Kerala writers of worldwide reknown in Arabic. They wrote books on grammar, religion, medicine, and history. Subsequently a version of Arabic -Malayalam with of Malayalam words developed. The vast Arabic Kerala literature includes love songs, battle songs and poetry and prose. Many original Arabic works were also translated in to Arabic- Malayalam (John, P.K. (undated), ‗Muslims of Kerala‘, Ananthapuri website http://www.ananthapuri.com/kerala-history.asp?page=muslim – Accessed 14 April 2008 – Attachment 38).

An article published on the Counter Currents website on 30 June 2007 notes the prevalence of the Malayam language in Kerala amongst the Muslim community:

Kerala Muslim scholars and social activists have produced an impressive corpus of literature about their community, but almost all of this is in the Malayalam language, the official language of Kerala, which is not understood or spoken by Muslims elsewhere. Likewise, few Kerala Muslim community activists write in Urdu, Hindi or other languages spoken elsewhere in India or even in English (Sikand, Yoginder 2007, ‗Muslims In Kerala And Elsewhere: Accounting For The Difference‘, CounterCurrents website, 30 June http://www.countercurrents.org/sikand300607.htm – Accessed 14 April 2008 – Attachment 14).

List of Sources Consulted

Internet Sources:

Search Engines Google Search Engine http://www.google.com/ Google News http://news.google.com/nwshp?hl=en&tab=wn Region Specific Links The Milli Gazette website http://www.milligazette.com/ Frontline website http://www.frontlineonnet.com/ Government Organisations Kerala Government website http://www.kerala.gov.in/ United Nations UNHCR Refworld website http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain

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) RRT Library Catalogue List of Attachments

1. Department of Foreign Affairs and Trade 2003, DFAT Report No. 519 – India: RRT Information Request: IND16042, 13 October.

2. US Department of State 2008, Country Reports on Human Rights Practices 2007 – India, 11 March.

3. RRT Country Research 2003, Research Response IND16331, 3 December.

4. ‗Human Geography of South Asia‘ (undated), University of Kentucky website http://www.uky.edu/LCC/GEO/160/SouthAsia.htm – Accessed 3 December 2003.

5. Hemadri, R. et al (undated), ‗Dams, Displacement, Policy and Law in India‘, World Commission on Dams website http://www.dams.org/docs/kbase/contrib/soc213.pdf – Accessed 3 December 2003.

6. US Department of State 2007, International Religious Freedom Report for 2007 – India, September 14.

7. Bidwai, Praful 2006, ‗Combating Muslim exclusion‘, Frontline, 18 November http://frontlineonnet.com/fl2323/stories/20061201003410600.htm – Accessed 14 April 2008.

8. Prime Minister‘s High Level Committee, Government of India 2006, Social, Economic and Educational Status of the Muslim Community of India, Indian Ministry of Minority Affairs website, November, http://minorityaffairs.gov.in/newsite/reports/sachar/sachar_comm.pdf – Accessed 10 April 2008.

9. RRT Country Research 2005, Research Response IND30743, 25 October.

10. Swami, Praveen 2006, ‗Bias and the Police‘, Frontline, 2 December http://www.frontlineonnet.com/fl2324/stories/20061215002503300.htm – Accessed 11 April 2008.

11. Sikand, Yoginder 2007, ‗Muslims In Kerala And Elsewhere: Accounting For The Difference‘, CounterCurrents website, 30 June http://www.countercurrents.org/sikand300607.htm – Accessed 14 April 2008.

12. ‗Bakrid celebrated in Kerala with traditional piety‘ 2007, United News of India, 20 December. (FACTIVA)

13. ‗Muslims donate land to construct Hindu temple‘ 2007, Asian News International, 25 September. (FACTIVA)

14. RRT Research & Information 2007, Research Response IND32192, 24 September.

15. ‗Special Rapporteur on Freedom of Religion or Belief concludes visit to India‘ 2008, States News Service, 20 March. (FACTIVA) 16. Deepa, A. 2007, ‗State of Muslim education in Kerala‘, India Together website, 2 August http://www.indiatogether.org/2007/aug/edu-muslimedu.htm – Accessed 20 September 2007.

17. ‗Data on Muslim backwardness‘ 2006, The Hindu, 4 May http://www.hindu.com/2006/05/04/stories/2006050401570200.htm – Accessed 20 September 2007.

18. ‗Muslim women doubly oppressed‘ 2007, The Hindu, 2 March. (FACTIVA)

19. ‗Political Background of the State of Kerala‘ (undated) Kerala State Government Website http://www.kerala.gov.in/knowkerala/political.htm – Accessed 25 August 2006.

20. ‗Muslims swing to CPI-M in Kerala, Cong worried‘ 2006, The Times of India, 7 April http://timesofindia.indiatimes.com/articleshow/msid-1480998,flstry-1.cms – Accessed 11 April 2008.

21. Ramakrishnan, Venkitesh 2006, ‗Ascendant Left‘, Frontline, May 20 http://www.frontlineonnet.com/fl2310/stories/20060602003700400.htm – Accessed 14 April 2008.

22. RRT Country Research 2001, Research Response IND14872, 5 November.

23. ‗Muslims, communists coming closer: Pinarayi‘ 2007, The Hindu, 11 February http://www.hindu.com/2007/02/11/stories/2007021107990300.htm – Accessed 11 April 2008.

24. ‗Call to isolate communalists‘ 2007, The Hindu website, 12 March http://www.hindu.com/2007/02/12/stories/2007021204270300.htm – Accessed 26 March 2007.

25. ‗India‘s evolving Muslim community‘ 2007, Jane’s Islamic Affairs Analyst, 1 December. (CISNET India CX196432)

26. Kerala‘s Muslim groups unite against fundamentalist NDF‘ 2007, Indian Express, 11 April. (CISNET India CX177464)

27. ‗The Muslim Rightwing in Kerala‘ 1999, India Today, 15 February. (CISNET India CX177477)

28. ‗In Kerala bastion, CPM fights hardline Muslim violence‘ 2006, Indian Express, 12 March. (CISNET India CX177449)

29. Krishnakumar, R. 2004, ‗A minority power crisis‘, Frontline, Vol 21: Issue 10, May 08 – 21 http://www.frontlineonnet.com/fl2110/stories/20040521004512000.htm – Accessed 6 January 2004.

30. RRT Country Research 2005, Research Response IND17161, 7 January. 31. Krishnakumar, R. 2003, ‗Kerala‘s communal challenge‘, Frontline, 24 May http://www.frontlineonnet.com/fl2011/stories/20030606001904400.htm – Accessed 14 April 2008.

32. Krishnakumar, R. 2004, ‗The spread in the South‘, Frontline, Vol 21: Issue 06, March 13 – March 26 http://www.frontlineonnet.com/fl2106/stories/20040326004900900.htm – Accessed 6 January 2005.

33. Department of Foreign Affairs and Trade 2006, DFAT No. Report 538- India: RRT Information Request: IND30502, 20 September.

34. ‗Languages of Kerala‘ 2008, AsiaRooms website http://www.asiarooms.com/travel- guide/india/kerala/culture-of-kerala/languages-of-kerala.html – Accessed 11 April 2008.

35. RRT Country Research 2007, Research Response IND31143, 8 January.

36. ‗National Policy On Education, Government of India‘ 2002, Sikshana website http://www.sikshana.org/children_policies.html – Accessed 8 January 2007.

37. Geethakumary, V. 2002, ‗A Contrastive Analysis of Hindi and Malayalam‘, Language in India website, 6 September http://www.languageinindia.com/sep2002/chap1.html – Accessed 3 January 2007.

38. John, P.K. (undated), ‗Muslims of Kerala‘, Ananthapuri website http://www.ananthapuri.com/kerala-history.asp?page=muslim – Accessed 14 April 2008..

39. Iype , George 2004, ‗Riot-hit Marad goes off netas‘ radar‘, rediff.com website, 7 May http://us.rediff.com/election/2004/may/07gi.htm – Accessed 6 January 2004.