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Migration Review Tribunal AUSTRALIA

MRT RESEARCH RESPONSE

Research Response Number: IND35014 Country: Date: 11 June 2009

Keywords: India – – West – Political stability – Election-related violence – Hindus – Religious violence

Questions 1. Please provide information about the political stability of the region of India and whether there is any reported violence between Hindus and other religious groups.

RESPONSE

1. Please provide information about the political stability of the West Bengal region of India and whether there is any reported violence between Hindus and other religious groups.

The sources consulted provided some information on political and religious violence in the , and related information regarding West Bengal more generally.

Political stability

The UK Home Office report released in May 2009 cites Jane’s Sentinel Risk Assessment dated 17 October 2007, which identifies “a growing communist (Naxalite) insurgency which currently affects 13 of India’s 28 states,” including West Bengal. The report explains that concern over the insurgency was heightened by a 2004 “merger between the two leading Naxalite groups, namely the Maoist Communist Centre and the People’s War, to form the -Maoist (CPI-M).” A surge of violence in 2005 resulted in 893 deaths throughout the country, with the report noting an “increasing sophistication of attacks, occasionally involving hundreds of rebels (UK Home Office 2009, Country of Origin Information Report – India, May, p. 48 – Attachment 1). Similarly, the US Department of State terrorism report for 2008 indicates that the Communist Party of India (Maoists), also commonly known as Naxalites, were active in a number of states, including West Bengal, who form what is referred to as the “.” It is argued that “[c]ompanies, Indian and foreign, operating in Maoist strongholds were sometimes targets for extortion (US Department of State 2009, Country Reports on Terrorism for 2008, April, p. 146 – Attachment 2).

The Asian Centre for Human Rights 2009 report highlights political violence instigated by the Maoists/Naxalites in West Bengal. Some examples are as follows:

On 2 November 2008, Chief Minister Buddhadeb Bhattacharya and Union Steel Minister Ram Vilas Pawsan narrowly missed a Maoist-triggered landmine explosion in West district. …In early January 2008, suspected Maoists shot dead two CPM leaders identified as Ramprasad Mondal and Narayan Majhi in Nadia and districts respectively.

ACHR documented a number of killings of political activists in West Bengal by the Maoists in 2008. These included:

- Karamchand Singh (45), a CPM leader and headmaster of a school, who was dragged off his chair, shot at and then his head was smashed with a stone in front of his students at Machkandna village in West on 22 February 2008;

- Gandhi Mahato (32), CPM member, who was killed at Angarkuria in West Midnapore district on 12 March 2008;

- three CPM activists identified as Mukul Tiwari, Jugal Murmu and Nabakumar Murmu, who were killed in West Midnapore district on 13 April 2008;

- CPM leader Sridam Das (48) who was killed in the Rajnagar area in on 22 April 2008;

- Serful Sheikh (35), a Revolutionary Socialist Party leader, who was killed at his house at Behrampore village in district on the night of 29 April 2008; and

- CPM leader Ganapati Bhadra (45) who was shot dead at Bhomragarh village in on 4 May 2008.

…Those who participated in anti-Maoists protest were targeted. On 11 December 2008, Maoists shot dead a tribal leader, Sudhir Mandi at Jordanga village in West Midnapore district. The victim had played a leading role in an anti-Maoist protest in Belpahari on 9 December 2008. The armed Maoists overpowered him when he was returning home with his wife on a cycle from the weekly bazaar. The Maoists shot him and slit his throat. Mr Mandi died on the spot.

…On 22 October 2008, three persons identified as Dhaniram Mandi (46, doctor), Bharati Majhi (22, nurse) and Pranay Mishir (46, driver) were killed when suspected Maoists blew up their car in a landmine blast at Belpahari in West Midnapore district (Asian Centre for Human Rights 2009, India Human Rights Report 2009, June, pp. 202-203 – Attachment 3).

Freedom House’s 2008 report on India also indicates that “[t]he recent spread and influence of the Naxalites is cause for serious concern. There are an estimated 10,000 armed fighters supported by a further 40,000 cadre members, organized into a number of groups that since late 2004 have been loosely allied as the Communist Party of India (Maoist). The Economist has reported that they operate in 170 of India’s 602 districts, controlling some rural areas outright…Naxalite-related violence, including bombings and assassinations, killed more than 450 security personnel and civilians during 2007.” In particular, the report outlines a spate of violence in , West Bengal in 2007, resulting from “a planned special economic zone…that would lead to the acquisition of farmland,” in which “more than 30 people were killed, hundreds were injured, and more than 10,000 people lost their homes amid clashes between supporters of the state’s ruling CPI-M party and farmers who were trying to block the land appropriations” (Freedom House 2008, ‘Freedom in the World 2008 – India’, July – Attachment 4).

Election-related violence Various articles on the recent indicate that political violence was evident in Howrah and in West Bengal more generally. For example, an article from 11 May 2009 outlines political violence surrounding elections in West Bengal, including recent incidents of violence in Howrah:

Except for two Maoist attacks, the first phase of polling witnessed no political violence. But the peace was short lived. After May 7, Nandigram, , Howrah, Murshidabad, Burdwan and Nadia have witnessed clashes between armed CPI-M and Trinamool supporters and there is no indication of an early ceasefire. The violence has so far claimed 11 men and a two-year-old.

…Leaders on both sides of the fence have probably realised that vested interests, localised conflicts and suppressed aspirations may all combine to trigger another spate of violence in Bengal (Chatterjee, T. 2009, ‘Elections in West Bengal: A history of violence’, Hindustan Times, 11 May http://www.hindustantimes.com/election09/storypage.aspx?id=2d067ca0- fc19-4d92-bc41-e8386223e79c&category=Chunk-HT-UI-Elections-SectionPage-TopStories – Accessed 9 June 2009 – Attachment 5).

An article dated 7 April 2009 describes tension in Howrah following the display of “at least 30 Maoist posters calling for an armed revolution and mass boycott of the coming Lok Sabha elections in West Bengal.” According to a senior district police officer, the posters “bore the name of the Communist Party of India-Marxist-Leninist (CPI-ML)’s central organisation committee (COC)” (‘Maoist posters spark tension in West Bengal town’ 2009, The Gaea News, source: IANS, 7 April http://blog.taragana.com/n/maoist-posters-spark-tension-in- west-bengal-town-26271/ – Accessed 9 June 2009 – Attachment 6).

Reports of violence surrounding the elections in West Bengal more generally include the following articles:

 An article dated 14 May 2009 identified the death toll for election-related violence in West Bengal as reaching 20 people, including the following incidents:

A ruling Communist Party of India-Marxist (CPI-M) leader died after being attacked allegedly by opposition Trinamool Congress activists when he came out of a booth after voting at Naraynagarh under Jainagar Lok Sabha constituency of South .

On Tuesday night, Khejar Ali, said to be a Trinamool Congress activist, was killed in Rajarhat on the outskirts of the city in a violent clash with CPI-M workers during which bombs were flung, said state Inspector General of Police (Law and Order) Raj Kanojia.

Three people, including two poll officials, were killed when landmines, planted by suspected Maoist guerrillas to disrupt elections, went off in West Bengal’s Maoist-hit West Midnapore districts during the first phase of polls in the state April 30.

Four people were killed in poll-related violence during the second phase of elections in the state May 7.

Eleven people, including a toddler and a teenager, died in clashes during two days after the second phase (‘West Bengal poll violence toll reaches 20’ 2009, Thaindian News, source: IANS, 14 May http://www.thaindian.com/newsportal/politics/west- bengal-poll-violence-toll-reaches-20_100192131.html – Accessed 20 May 2009 – Attachment 7).

 A BBC article dated 7 May 2009 reports election-related violence in other parts of West Bengal in which two people have been killed and more than 15 have been injured; including “three major incidents of violence between supporters of the leftists and the main state opposition Trinamul Congress,” and the deaths of “[a] Trinamul Congress supporter…in Burdwan district and a Marxist supporter in ” (‘Delhi’s turn in Indian election’ 2009, BBC News, 7 May http://news.bbc.co.uk/2/hi/south_asia/8035690.stm – Accessed 9 June 2009 – Attachment 8).

 Another article dated 7 May 2009 reports that “[i]n trouble-torn Nandigram, two people were seriously injured when their heads were hit with rifle butts as activists of the ruling Communist Party of India-Marxist (CPI-M) and the opposition Trinamool Congress clashed in at least two places” (‘Two killed, two injured in poll violence in West Bengal’ 2009, The Gaea News, source: IANS, 7 May http://blog.taragana.com/n/two-killed-two-injured-in-poll-violence-in-west-bengal- 54772/ – Accessed 9 June 2009 – Attachment 9).

In addition, a BBC report from 2008 describes the political violence experienced in the rural West Bengal elections of that year, reporting 30 deaths, and claiming that “all major political parties in West Bengal – either those of the Left coalition or those in the opposition – have freely resorted to violence since Maoist rebels, or Naxalites, began an insurgency in the early 1970s” (Bhaumik, S. 2008, ‘Why Bengal politics are so bloody’, BBC, 20 May – Attachment 10).

Other incidents of violence

The US Department of State human rights report for 2008 outlines a number of incidents of violence occurring in West Bengal, including one in the Howrah district:

There was no further progress on 2007 cases, such as the death of Krishnapada Das in the Pathor Pratima police station in West Bengal or the beating death of Hayat Seikh during a one-week detention at the Beldanga police station for which one policeman had been suspended.

… On February 5, police fired 30 rounds into a group of Forward Bloc supporters in Dinhata, killing five persons. On February 11, the West Bengal Chief Minister ordered a judicial probe into the incident, which was pending at year’s end.

… Between February 12 and 16, according to AHRC, officers at the Bally police station in the Howrah district of West Bengal tortured Ajay Yadav Kumar, when they found a body suspected of being Kumar’s missing wife, who disappeared in December 2006. At year’s end Ajay Yadav remained in jail, and the government had not investigated the case.

… Several 2007 cases continued at year’s end. The case against Deganga Police Inspector Julfikaqr Ali Mollah for allegedly burning Giasuddin Mando with acid was reported by the West Bengal Human Rights Commission, and the CID began an investigation. On August 13, the local magistrate ordered Mando released and hospitalized. …According to the Home Affairs Annual Report, 76 districts in the nine states of , , , , Orissa, , , , and West Bengal were affected by Naxalite violence.

…On February 8, the High Court directed the West Bengal state government to provide compensation to the victims of the Nandigram violence, which included 14 persons killed and 45 injured by police. In November 2007, Communist Party Marxist (CPM) members, whom human rights groups claimed had state government support, conducted a violent campaign to regain control over the Nandigram area from the Bhumi Uchhed Protirodh Committee (BUPC). News reports and eyewitness accounts noted that CPM cadres fired on BUPC supporters and local villagers, raped villagers, and burned houses. Journalists later discovered mass graves in the area. The CID responded by launching an inquiry into the identity of the bodies; the case was pending at year’s end.

In 2007 three legislators of the All India Majlis-e-Ittehadul Muslimeen in Hyderabad attacked Bangladeshi writer Taslima Nasreen for alleged anti-Muslim remarks. In November she self- censored her autobiography after a series of protests in West Bengal in which 43 persons were injured. She was granted asylum in , but she left the country for Sweden. She briefly returned to the country but was not allowed to visit Kolkata, and left the country in October.

On some occasions, security forces either claimed harsh tactics were warranted or failed to protect demonstrators from violence during demonstrations. On February 6, during a strike, police killed five activists from the All India Forward Bloc party and injured 25 in Dinhata, West Bengal (US Department of State 2009, Country Reports on Human Rights Practices for 2008 – India, February, Sections 1a, 1c, 1g, 2a, 2b – Attachment 11).

In addition, the Asian Centre for Human Rights report cited earlier outlines West Bengal’s poor human rights record, highlighting violations such as “extrajudicial execution and torture” by the police and Border Security Forces (BSF) personnel, and “repeated and credible reports of the involvement of CPI(M) activists in human right violations and serious crimes.” In particular, it is reported that one of the two cases of deaths occurring in custody as a result of torture happened in Howrah:

On 28 December 2008, one Kalu Mondal alias Krishna of Kunjapara in Howrah, died due to alleged torture in the custody at Liluah Police Station in Howrah district. The police had initially identified the deceased as Biswanath Das (son of late Tarak Das) at the time of arrest. A human rights body, Banglar Manabadhikar Suraksha Mancha (MASUM) which conducted a fact finding investigation stated that the deceased was brought to Liluah Police Station at about 4:30 a.m. on 28 December 2008. He was detained at Liluah Police Station without charge for five hours and finally referred to T. L. Jaiswal Hospital, Howrah at 9:40 a.m. where he was declared brought dead. MASUM found numerous injuries on the body of the deceased. A criminal charge (Case no. 271/2008) was registered under sections of 342/323/325/304/34 of Indian Penal Code only after the death of the victim. In the FIR, the police allegedly concocted a story that the deceased was beaten up by local people on suspicion of being a thief prior to his arrest by the police. MASUM also alleged that the post mortem examination of the deceased had not been conducted in a proper manner (Asian Centre for Human Rights 2009, India Human Rights Report 2009, June, pp. 199-200 – Attachment 3).

Violence between Hindus and other religious groups

The 2001 Indian census indicated that Hindus made up 79.5 percent of the total population of Howrah, with Muslims constituting 20 percent (‘Howrah Population data, 2001 census’ (undated), Howrah District website http://howrah.gov.in/Templates/Howrah%20indicators.pdf – Accessed 10 June 2009 – Attachment 12).

The religious demography of India more generally is provided in the US Department of State International Religious Freedom report for 2008, which states that “Hindus constitute 80.5 percent of the population,” however large Muslim populations are found in certain states, including West Bengal:

The country has an area of 1.3 million square miles and a population of 1.1 billion. According to the 2001 government census, Hindus constitute 80.5 percent of the population, Muslims 13.4 percent, Christians 2.3 percent, Sikhs 1.8 percent, and others, including Buddhists, Jains, (Zoroastrians), Jews, and Baha’is, 1.1 percent. Slightly more than 85 percent of Muslims are Sunni; the rest are Shi’a. Tribal groups (members of indigenous groups historically outside the caste system), which are generally included among Hindus in government statistics, often practiced traditional indigenous religions (animism).

Large Muslim populations are found in the states of Uttar Pradesh (UP), Bihar, Maharashtra, West Bengal, Andhra Pradesh, , and Kerala, and Muslims are the majority in Jammu and Kashmir. Christians are concentrated in the northeast, as well as in the southern states of Kerala, Tamil Nadu, and Goa. Three small northeastern states (Nagaland, Mizoram, and Meghalaya) have large Christian majorities. Sikhs are a majority in the state of Punjab.

The report also highlights communal violence across India; including “violence…between Hindus and Muslims over disputed places of worship;” claiming that “[s]ome nongovernmental organizations (NGOs) reported that communal violence against religious minorities is part of a larger Hindu nationalist agenda,” and that “[d]espite the National Government’s rejection of “Hindutva,” the ideology that espouses the inculcation of Hindu religious and cultural norms above other religious norms, “Hindutva” continued to influence some government policies and actions at the state and local levels.” Although a secular state, NGOs have argued that “state-level “anticonversion” laws are unconstitutional and may reinforce the dominance of majority.” In addition, the report claims that although “[t]he opposition party BJP, the RSS, and other affiliated organizations (collectively known as the Sangh Parivar) claimed to respect and tolerate other religious groups,…the RSS opposed conversions from Hinduism and expressed the view that all citizens, regardless of their religious affiliation, should adhere to Hindu cultural values” (US Department of State 2008, International Religious Freedom Report for 2008 – India, September, Introduction, Section I, Section II – Attachment 13).

An article dated 9 January 2009 describes a clash between two communities over a Muharram [the first month of the Islamic calendar] procession in Howrah. The procession, which was held near a temple in the Chak Kasi area of Howrah, was objected to by a particular group of people, leading to conflict with the processionists, which resulted in three shops being burnt and the police resorting to using tear gas (‘Clash over Muharram procession in Howrah’ 2009, The Hindu, source: PTI, 9 January http://www.hindu.com/2009/01/09/stories/2009010956550100.htm – Accessed 10 June 2009 – Attachment 14; ‘Muharram’ (undated), Dictionary.com website, http://dictionary.reference.com/browse/Muharram – Accessed 11 June 2009 – Attachment 15).

A number of reports on religious violence in West Bengal more generally identify Hindu extremists as the perpetrators. For example, a 2009 report by Human Rights Without Frontiers International details acts of violence by Hindu extremist movements in 2008, highlighting the following incident occurring in West Bengal:

22 June: Krishnagar, Dehra Dun city, West Bengal – A group organized by the Vishwa Hindu Parishad [VHP], and attacked a Christian prayer meeting, beating participants and the pastor (Human Rights Without Frontiers International 2009, ‘India – Hindu Extremist Movements’, Human Rights Without Frontiers International website, p. 12 http://hrwf.net/uploads/hindu extremists.doc – Accessed 24 February 2009 – Attachment 16).

In addition, an article dated 12 April 2008 outlines the alleged forced conversion of Christians to Hinduism in West Bengal by Hindu extremists, the VHP (‘World Hindu council fraudulently convert Christians in West Bengal’ 2008, Persecution Update India website, 12 April http://www.persecution.in/comment/reply/2739 – Accessed 24 February 2009 – Attachment 17). Reports of Hindu extremists staging re-conversion ceremonies of tribal families from Christianity to Hinduism are also cited in a previous research response, which briefly outlines violence against Christians in West Bengal and indicates a certain degree of tension between Christians and Hindus in the state (RRT Research & Information 2009, Research Response IND34728, 22 April – Attachment 18; US Department of State 2005, International Religious Freedom Report for 2005 – India, November, Section II – Attachment 19; Dhar, S. 2000, ‘Faith dispute over Christian communities’, Asia Times Online, 20 May, http://www.atimes.com/ind-pak/BE20Df02.html – Accessed 20 April 2009 – Attachment 20).

List of Sources Consulted

Internet Sources: Government Information & Reports US Department of State website http://www.state.gov UK Home Office http://www.homeoffice.gov.uk/ United Nations (UN) UNHCR Refworld website http://www.unhcr.org/refworld/ Non-Government Organisations Amnesty International website http://www.amnesty.org/ Human Rights Watch (HRW) website http://www.hrw.org/ Human Rights Without Frontiers International website http://hrwf.net/ International News & Politics BBC News http://www.bbc.co.uk/ The Gaea News http://blog.taragana.com/n/ Region Specific Links Hindustan Times http://www.hindustantimes.com/ Thaindian News http://www.thaindian.com/ The Hindu http://www.hindu.com/ Asia Times Online http://www.atimes.com/ Topic Specific Links Howrah District website http://howrah.gov.in/ Persecution Update India website http://www.persecution.in/ Reference Tools Dictionary.com website http://dictionary.reference.com/ Search Engines Google http://www.google.com.au Copernic http://www.copernic.com/

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) MRT-RRT Library Catalogue

List of Attachments

1. UK Home Office 2009, Country of Origin Information Report – India, May.

2. US Department of State 2009, Country Reports on Terrorism for 2008, April.

3. Asian Centre for Human Rights 2009, India Human Rights Report 2009, June.

4. Freedom House 2008, ‘Freedom in the World 2008 – India’, July.)

5. Chatterjee, T. 2009, ‘Elections in West Bengal: A history of violence’, Hindustan Times, 11 May http://www.hindustantimes.com/election09/storypage.aspx?id=2d067ca0-fc19-4d92- bc41-e8386223e79c&category=Chunk-HT-UI-Elections-SectionPage-TopStories – Accessed 9 June 2009.

6. ‘Maoist posters spark tension in West Bengal town’ 2009, The Gaea News, source: IANS, 7 April http://blog.taragana.com/n/maoist-posters-spark-tension-in-west-bengal-town-26271/ – Accessed 9 June 2009.

7. ‘West Bengal poll violence toll reaches 20’ 2009, Thaindian News, source: IANS, 14 May http://www.thaindian.com/newsportal/politics/west-bengal-poll-violence-toll-reaches- 20_100192131.html – Accessed 20 May 2009.

8. ‘Delhi’s turn in Indian election’ 2009, BBC News, 7 May http://news.bbc.co.uk/2/hi/south_asia/8035690.stm – Accessed 9 June 2009.

9. ‘Two killed, two injured in poll violence in West Bengal’ 2009, The Gaea News, source: IANS, 7 May http://blog.taragana.com/n/two-killed-two-injured-in-poll-violence-in-west- bengal-54772/ – Accessed 9 June 2009.

10. Bhaumik, S. 2008, ‘Why Bengal politics are so bloody’, British Broadcasting Corporation (BBC), 20 May. (CISNET India CX201450) 11. US Department of State 2009, Country Reports on Human Rights Practices for 2008 – India, February.

12. ‘Howrah Population data, 2001 census’ (undated), Howrah District website http://howrah.gov.in/Templates/Howrah%20indicators.pdf – Accessed 10 June 2009.

13. US Department of State 2008, International Religious Freedom Report for 2008 – India, September.

14. ‘Clash over Muharram procession in Howrah’ 2009, The Hindu, source: PTI, 9 January http://www.hindu.com/2009/01/09/stories/2009010956550100.htm – Accessed 10 June 2009.

15. ‘Muharram’ (undated), Dictionary.com website, http://dictionary.reference.com/browse/Muharram – Accessed 11 June 2009.

16. Human Rights Without Frontiers International 2009, ‘India – Hindu Extremist Movements’, Human Rights Without Frontiers International website http://hrwf.net/uploads/hindu extremists.doc – Accessed 24 February 2009.

17. ‘World Hindu council fraudulently convert Christians in West Bengal’ 2008, Persecution Update India website, 12 April http://www.persecution.in/comment/reply/2739 – Accessed 24 February 2009.

18. RRT Research & Information 2009, Research Response IND34728, 22 April

19. US Department of State 2005, International Religious Freedom Report for 2005 – India, November.

20. Dhar, S. 2000, ‘Faith dispute over Christian communities’, Asia Times Online, 20 May, http://www.atimes.com/ind-pak/BE20Df02.html – Accessed 20 April 2009.