IND34470 Country: India Date: 2 March 2009
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Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: IND34470 Country: India Date: 2 March 2009 Keywords: India – Punjab – Christians – Political parties – Elections – Rashtriya Swayamsevak Sangh (RSS) – Vishwa Hindu Parishad (VHP) – Bajrang Dal – State protection – 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. Questions 1. What is the current political situation in the Punjab? 2. What is the current situation for Christians in the Punjab? 3. Please provide information about the Rashtriya Swayamsevak Sangh (RSS), the Vishwa Hindu Parishad (VHP) and the Bajrang Dal, and their treatment of Christians (particularly in the Punjab). 4. Is state protection of Christians effective in the Punjab? 5. What information is there about the ability of Christians to relocate outside the Punjab? RESPONSE 1. What is the current political situation in the Punjab? After the latest state election held in February 2007, Parkash Singh Badal, leader of the Shiromani Akali Dal (SAD) party, was sworn in for his fourth term as chief minister on 2 March 2007, and a new 117 member unicameral state legislature was born. It consists of 44 Indian National Congress (INC), 49 SAD, 19 Bharatiya Janata Party (BJP) and 5 Independent members. The Punjab state sends 19 members to the Indian national parliament: 7 to the Rajya Sabha (Upper House) and 12 to the Lok Sabha (Lower House) (‗Badal sworn in as Punjab CM‘ 2007, Rediff, 2 March http://in.rediff.com/news/2007/mar/02punpoll.htm – Accessed 9 July 2007 – Attachment 1; ‗Punjab (state, India)‘ 2008, Microsoft Encarta Online Encyclopedia, Encarta website http://encarta.msn.com/text_761554626___0/Punjab_(state_India).html - Accessed 20 February 2009 – Attachment 2; ‗Punjab Vidhan Sabha: Legislative Assembly‘ (undated), Punjab Government website http://punjabassembly.nic.in/members/members.asp?mode=p&page=2 - Accessed 20 February 2009 – Attachment 3 - It appears that this site added an extra member ―Advocate General Punjab‖ to the member list by error. See also Election Commission of India 2007, Statistical Report on General Election, 2007 to the Legislative Assembly of Punjab, Election Commission of India website http://www.eci.gov.in/archive/se2002/Stat_rep_2002_PB.pdf – Accessed 20 February 2009 – Attachment 4). The state coalition government consists of the two parties, the SAD and the BJP while the opposition is the Indian National Congress party (Congress, INC or Congress I), the dominant national party in Indian politics (Grewal, Sukhminderpal Singh 2009, ‗Elevation of Sukhbir Singh Badal as Deputy Chief Minister is an autocratic, desperate and needless decision of Sardar Prakash Singh Badal‘, N R I internet.com website, 18 January http://www.nriinternet.com/NRIbjp/Indian_Leaders/A_Z/G/Sukhminderpal_Grewal/2009/Jan_ Fab.htm - Accessed 23 February 2009 – Attachment 5; Kapoor, Sukhbir Singh (undated), ‗The Making of Operation Bluestar (1978-1984)‘, All About Sikhs website http://www.allaboutsikhs.com/operation-bluestar/the-making-of-operation-bluestar/print.html – Attachment 6). The 2008 UK Home Office Country of Information Report describes the three parties as follows: … 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 leading political party of the 24-party National Democratic Alliance (NDA) governing coalition, which has downplayed its Hindutva associations since coming to power in 1998 in order to accommodate secular NDA partners. 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... 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 (UK Home Office 2008, Country of Origin Information Report: India, 31 January, Annex B Political Organisations, pp. 157 – 158 – Attachment 7). In recent years, victories in state elections have alternated between the Indian National Congress party on one side, and the combine of the Bharatiya Janata Party (BJP) and the Shiromani Akali Dal (SAD) on the other side (‗Badal sworn in as Punjab CM‘ 2007, Rediff, 2 March http://in.rediff.com/news/2007/mar/02punpoll.htm – Accessed 9 July 2007 – Attachment 1; UK Home Office 2008, Country of Origin Information Report: India, 31 January, pp. 15-16 – Attachment 7). As to the state government structure and the relationship between the branches of the government, the Punjab government website notes that: … 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 8). Currently the state politicians are preoccupied with preparing for the national parliamentary elections due to be held in a few months (‗BJP forms campaign panels‘ 2009, The Tribune, 24 February http://www.tribuneindia.com/2009/20090224/punjab.htm#5 - Accessed 24 February 2009 – Attachment 9; ‗Dr. D.S Cheema to SAD-BJP alliance candidate in coming Lok Sabha elections‘ 2009, Punjab Newsline Network, 15 January http://punjabnewsline.com/content/view/14866/38/ - Accessed 24 February 2009 – Attachment 10). It appears that under the Indian federalism, the central government exercises a dominant influence in the state political scene. The Punjab's Congress government was dismissed on 6 October 1983 and President's rule was imposed. Punjab was then declared a 'Disturbed Area' giving the police unlimited powers of arrest and detention (Kapoor, Sukhbir Singh (undated), ‗The Making of Operation Bluestar (1978-1984)‘, All About Sikhs website http://www.allaboutsikhs.com/operation-bluestar/the-making-of-operation-bluestar/print.html – Attachment 6). Another example of the close nexus between the central (union) and state governments is found in the case of the Sikh demand for autonomy for the state. It was discussed between a Union Minister and Secretary General of the SAD first and the implementation was proposed to be considered in the state assembly (‗SAD may table autonomy draft‘ 2000, The Tribune, 10 July http://www.tribuneindia.com/2000/20000710/punjab.htm#1