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Home , Dravidar Kazhagam, Dravida Nadu

Refugee Review Tribunal

AUSTRALIA

RRT RESEARCH RESPONSE

Research Response Number: IND30641 Country: Date: 20 September 2006

Keywords: India – – DMK – ADMK – Police – Forced donations

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. Please provide information on the political state of Tamil Nadu. As there were state elections this year, recent information about the DMK and ADMK would be of assistance. 2. Please provide any information about whether state authorities, particularly the police, in Tamil Nadu are politically partisan and if so how so. 3. Please provide any information about whether it is common practice for political parties to require forced donations from the public and any reprisals for failure to contribute.

RESPONSE

1. Please provide information on the political state of Tamil Nadu. As there were state elections this year, recent information about the DMK and ADMK would be of assistance.

Two regional parties, the Dravida Munnetra Kazhaga (DMK) and the All India Anna Dravida Munnetra Kazhagam (AIADMK) have dominated in the state of Tamil Nadu in since the 1960s. Both advocate greater devolution of power to the states and trace common origin to The South Indian Welfare Association, which was founded in 1916, and was latter renamed [DK]. The primary demand of the DK was “the establishment of an independent state called ”.

At the last state election to the legislative assembly of Tamil Nadu in May 2006, the AIADMK was swept from office by the DMK-led Democratic Progressive Alliance. The DMK’s leader, M. Karunanidhi, became Chief Minister of Tamil Nadu for a record fifth time.

The relationship between the DMK and the AIADMK is acrimonious and has been marked by sporadic instances of mostly low-level violence. Violence between members of both parties is, however, particularly pronounced in the context of elections. During the 2006 state election, for instance, media reports indicate that isolated clashes broke out between the two and that a DMK worker was killed.

Media reports indicate that members of the two parties also clashed as recently as 8 September 2006. The clash, which occurred in Salem, Tamil Nadu, was sparked by “the distribution of a booklet” containing speeches by the AIADMK’s leader. According to a report of the event, “Stones were pelted, in which two persons sustained injuries”.

In other recent news, AIADMK parliamentarians were reported to have clashed with Congress and DMK parliamentarians in the Tamil Nadu assembly. According to a report of the incident: “The trouble started when the Congress Whip Peter S Alphonse, while speaking on a motion of thanks to the Governor for his address to the assembly, said the previous AIADMK government had lost a golden opportunity by not utilising the services of the ministers from the state in the UPA government at the Centre for the benefit of the state.”

For brief background information on the DMK and AIADMK, see:

• ‘Tamil Nadu’ 2004, Wikipedia website http://en.wikipedia.org/wiki/Tamil_Nadu#Politics – Accessed 6 August 2004 – Attachment 1

For information on the results of the 2006 state assembly election, see:

• ‘DMK-led front wins absolute majority’ 2006, Newinexpress.com website, 12 May http://newindpress.com/election/2006/News.asp?Topic=- 443&Title=TAMIL+NADU&ID=IE920060511140752&nDate=&Sub=& - Accessed 19 September 2006 – Attachment 2

• ‘Karunanidhi to be Chief Minister for fifth time’ 2006, online edition, 12 May http://www.thehindu.com/2006/05/12/stories/2006051211610100.htm - Accessed 19 September 2006 – Attachment 3

For a sample of reported clashes between the DMK and AIADMK before January 2006, see:

• ‘Violence in as DMK, AIADMK clash’ 2005, The Times, 19 April – Attachment 4

• ‘DMK, AIADMK councillors clash’ 2005, The Hindu, 30 December – Attachment 5

• ‘Sporadic incidents mar polling’ 2004, The Hindu, 11 May – Attachment 6

• ’25 injured in clash during ward byelection’ 2004, The Hindu, 28 September – Attachment 7

• ‘Violence mars Tamil Nadu civic polls’ 2005, The Deccan Herald online edition, 20 April http://www.deccanherald.com/deccanherald/Apr202005/national1914162005419.asp - Accessed 19 September 2006 – Attachment 13 • ‘AIADMK, DMK men clash at Periakulam’ 2004, The Hindu online edition, 11 May http://www.hinduonnet.com/2004/05/11/stories/2004051107340400.htm - Accessed 20 September 2006 – Attachment 14

For reported clashes between the DMK and AIADMK since January 2006, including the incident in September 2006, see:

• ‘AIADMK, DMK workers clash’ 2006, The Hindustan Times, 9 September – Attachment 8

• ‘ADMK [sic] worker hacked to death, Anbumani, father named in FIR’ 2006, The Indian Express, 10 May – Attachment 9

• ‘DMK booth agent killed in poll clash’ 2006, The Hindu, 10 May – Attachment 10

• ‘4 injured in clash’ 2006, The Hindu, 27 April – Attachment 11

• ‘AIAMDK, Cong MLAS clash in TN Assembly’ 2006, Sify.com website, 26 May http://sify.com/news/fullstory.php?id=14213661 – Accessed 20 September 2006 – Attachment 12

2. Please provide any information about whether state authorities, particularly the police, in Tamil Nadu are politically partisan and if so how so.

Tamil Nadu’s police force has been described as among India’s most credible. But as elsewhere India, it has also been subject to a high degree of politicisation. This has been a wider feature of Tamil Nadu’s state machinery under both DMK and AIADMK-led governments. According to a report from 2001, the state’s police are divided into three categories: “pro-DMK, pro-AIADMK, and neutral”. This would accord with the flurry of senior official transfers that take place in Tamil Nadu in the aftermath of elections in the state.

Both the AIADMK and DMK accuse each other of interfering in the police administration and allege police harassment.

The US Department of State provides some useful information on the politicisation of Tamil Nadu’s police force in its yearly reports on human rights practices. Its last report is relevant for an assessment of the situation under the AIADMK. That report notes that “there were several incidents during the year [2005] in which Tamil Nadu police arrested activist and demonstrators without a proper warrant”. Its 1999 report is likewise relevant for an assessment of the situation under the DMK. That report notes that “Police also used excessive force indiscriminately against demonstrators, killing many citizens” (US Department of State 2000, India: Country Reports on Human Rights Practices – 1999, 25 February – Attachment 15; US Department of State 2006, India: Country Reports on Human Rights Practices – 2005, 8 March – Attachment 16).

In 2001 a human rights group based in Tamil Nadu provided the account of the politicisation of the police in the state under both the DMK and AIADMK:

Successive Tamil Nadu Governments and the State apparatus have the unenviable 31-year record of consistently creating and promoting a fascist police establishment to be called upon for use to suppress dissent and right to statement and association. Thousands of examples of police brutality under AIADMK and DMK regimes exist. This brutalisation of police was seen once again in the arrest of Mr. Karunanidhi and 1000's of other DMK cadres. We also place on record that the DMK Government (1996-2001) presided and promoted this same fascist police (‘Human rights group condemns the arrest of M. Karunanidhi’ 2001, People’s Union for Civil Liberties website, September http://www.pucl.org/reports/TamilNadu/2001/karunanidhi.htm - Accessed 19 September 2006 – Attachment 17)

For further information on Tamil Nadu’s police force, see:

• Choudhury, S & Jeevan, S.S. 2006, ‘State of Law and order’, India Today, 11 September – Attachment 18

• Jayanth, V. 2001, ‘Will police force refurbish its image?’, The Hindu, 19 October – Attachment 19

• ‘Politicisation of the state machinery’ 2001, The Hindu, 19 June – Attachment 20

• ‘Rise in Chennai’s crime graph during DMK rule: AIADMK’ 2006, NewKerala.com website, 30 August http://www.newkerala.com/news4.php?action=fullnews&id=15222 – Accessed 20 September 2006 – Attachment 21

• ‘AIADMK, DMK clash in Assembly’ 2006, The Hindu online edition, 31 August http://www.hindu.com/2006/08/31/stories/2006083108880400.htm - Accessed 19 September 2006 – Attachment 22

3. Please provide any information about whether it is common practice for political parties to require forced donations from the public and any reprisals for failure to contribute.

General statements were not found in the sources consulted about whether it is common practise for political parties to require forced donations from the public. However, information on the DMK indicates that its members have been implicated in alleged acts of extortion. The most recent allegation was report by The Times of India on 5 April 2006. According to that report, Builders in Mumbai were being targeted by “DMK agents” for “poll funds” in the run up to the 2006 state election in Tamil Nadu (‘DMK agents target builder for poll funds’ 2006, The Times of India, 5 April – Attachment 23; ‘DMK leader’s brother arrested’ 2001, Press Trust of India, 27 May – Attachment 24).

List of Sources Consulted

Internet Sources: Non Government Organisations People’s Union for Civil Liberties website http://www.pucl.org/ International News & Politics Newinexpress.com http://newindpress.com/ The Hindu http://www.thehindu.com/ The Deccan Herald online http://www.deccanherald.com/ NewKerala.com website http://www.newkerala.com/ Search Engines Google search engine http://www.google.com.au/

Databases: FACTIVA (news database) BACIS (DIMA Country Information database) REFINFO (IRBDC (Canada) Country Information database) ISYS (RRT Country Research database, including Amnesty International, Human Rights Watch, US Department of State Reports) RRT Library Catalogue

List of Attachments

1. ‘Tamil Nadu’ 2004, Wikipedia website. (http://en.wikipedia.org/wiki/Tamil_Nadu#Politics – Accessed 6 August 2004)

2. ‘DMK-led front wins absolute majority’ 2006, Newinexpress.com website, 12 May. (http://newindpress.com/election/2006/News.asp?Topic=- 443&Title=TAMIL+NADU&ID=IE920060511140752&nDate=&Sub=& - Accessed 19 September 2006)

3. ‘Karunanidhi to be Chief Minister for fifth time’ 2006, The Hindu online edition, 12 May. (http://www.thehindu.com/2006/05/12/stories/2006051211610100.htm - Accessed 19 September 2006)

4. ‘Violence in Chennai as DMK, AIADMK clash’ 2005, The Hindustan Times, 19 April. (FACTIVA)

5. ‘DMK, AIADMK councillors clash’ 2005, The Hindu, 30 December. (FACTIVA)

6. ‘Sporadic incidents mar polling’ 2004, The Hindu, 11 May. (FACTIVA)

7. ‘25 injured in clash during ward byelection’ 2004, The Hindu, 28 September. (FACTIVA)

8. ‘AIADMK, DMK workers clash’ 2006, The Hindustan Times, 9 September. (FACTIVA)

9. ‘ADMK worker hacked to death, Anbumani, father named in FIR’ 2006, The Indian Express, 10 May. (FACTIVA)

10. ‘DMK booth agent killed in poll clash’ 2006, The Hindu, 10 May. (FACTIVA)

11. ‘4 injured in clash’ 2006, The Hindu, 27 April. (FACTIVA)

12. ‘AIAMDK, Cong MLAS clash in TN Assembly’ 2006, Sify.com website, 26 May. (http://sify.com/news/fullstory.php?id=14213661 – Accessed 20 September 2006)

13. ‘Violence mars Tamil Nadu civic polls’ 2005, The Deccan Herald line edition, 20 April. (http://www.deccanherald.com/deccanherald/Apr202005/national1914162005419.asp - Accessed 19 September 2006)

14. ‘AIADMK, DMK men clash at Periakulam’ 2004, The Hindu online edition, 11 May. (http://www.hinduonnet.com/2004/05/11/stories/2004051107340400.htm - Accessed 20 September 2006)

15. US Department of State 2000, India: Country Reports on Human Rights Practices – 1999, 25 February.

16. US Department of State 2006, India: Country Reports on Human Rights Practices – 2005, 8 March.

17. ‘Human rights group condemns the arrest of M. Karunanidhi’ 2001, People’s Union for Civil Liberties website, September. (http://www.pucl.org/reports/TamilNadu/2001/karunanidhi.htm - Accessed 19 September 2006)

18. Choudhury, S & Jeevan, S.S. 2006, ‘State of Law and order’, India Today, 11 September. (FACTIVA)

19. Jayanth, V. 2001, ‘Will police force refurbish its image?’, The Hindu, 19 October. (FACTIVA)

20. ‘Politicisation of the state machinery’ 2001, The Hindu, 19 June. (FACTIVA)

21. ‘Rise in Chennai’s crime graph during DMK rule: AIADMK’ 2006, NewKerala.com website, 30 August. (http://www.newkerala.com/news4.php?action=fullnews&id=15222 – Accessed 20 September 2006)

22. ‘AIADMK, DMK clash in Assembly’ 2006, The Hindu online edition, 31 August. (http://www.hindu.com/2006/08/31/stories/2006083108880400.htm - Accessed 19 September 2006)

23. ‘DMK agents target builder for poll funds’ 2006, The Times of India, 5 April. (FACTIVA)

24. ‘DMK leader’s brother arrested’ 2001, Press Trust of India, 27 May. (FACTIVA).