Can judges in India travel abroad
India Country Information Sheets
|Publisher||Switzerland: State Secretariat for Migration (SEM)|
|Publication Date||August 1, 1998|
|Cite as||Switzerland: State Secretariat for Migration (SEM), India Country Information Sheets, 1 August 1998, available at: https://www.refworld.org/docid/466fdbb52.html [accessed 22 May 2021]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
1.1. State nameThe official state name in Hindi is Bharatiya Ganarajiya respectively Bharat in short form. (Republic of India; Republic of India).
1.2. State symbol and national coat of armsFlag: orange-white-green national coat of arms Asoka-Rad on white Source: Meyers Grosses Universallexikon. Mannheim. 1983
1.3. Form of governmentThe constitution of January 26th, 1950 proclaims India as an independent, democratic-socialist, secular and federal republic with a parliamentary system of government at national and state level. The Indian Union consists of the following 25 states: Andhra Pradesh (capital: Hyderabad), Arunachal Pradesh (Itanagar), Assam (Dispur), Bihar (Patna), Goa (Panaji), Gujarat (Gandhinagar), Haryana (Chandigarh), Himachal Pradesh (Simla), Jammu and Kashmir (Srinagar), Karnataka (Bangalore), Kerala (Trivandrum), Madhya Pradesh (Bhopal), Maharashtra (Bombay), Manipur (Imphal), Meghalaya (Shillong), Mizoram (Aizawl), Nagaland (Kohima), Orissa (Bhubaneshwar), Punjab (Chandigarh), Rajasthan (Jaipur), Sikkim (Gangtok), Tamil Nadu (Madras), Tripura (Agartala), Uttar Pradesh (Lucknow) and West Bengal (Calcutta). In addition, there are the following six union territories, which are under the direct administration of the central government: Andaman / Nicobar, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Delhi, Lakshadweep and Pondicherry. Foreign policy, defense, transport and nuclear energy fall exclusively within the competence of the central state. The competences of the Union states lie in particular in the areas of police, health care and education. The Union states may also enact their own laws in criminal law, marriage law and in the area of social welfare, provided these do not conflict with the legislation of the central state. Overall, the balance of power is in favor of the central power: This controls the financial equalization and also has the option of taking over direct control of a Union state (President's Rule) if necessary.
2. Social and culture
2.1. populationThe ethnic, linguistic, religious and cultural composition of the Indian population is extremely complex: the two large language families alone (Indo-European and Dravidian) are divided into at least 14 larger linguistic and cultural groups. There are also hundreds of indigenous groups (Adivasi), Descendants of the indigenous population of the subcontinent, which today still make up about 7.5% of the total population. The largest minority with a share of 15% are the so-called 'untouchables', Dalits or Harijans These are ostracized as casteless by the caste system, which is still in effect de facto. The division of the rest of society into four castes (Brahmins, Kshatriyas, Vaishyas and Shudras) is only a rough subdivision. In fact, there are around 3,000 in existence Jati (Sub-box) that separate and exclude each other. India's population has tripled since independence in 1947 and is estimated to be around 950 million, or 16% of the world's population (figures have been extrapolated from the last 1991 census). The sustained population growth, which amounts to more than 2%, is still one of the biggest problems in the country. Although the fertility rate has fallen significantly in the last twenty years, it is still around 3.5%. On the other hand, the average life expectancy has doubled since independence and is now around 60 years. It is expected that India's population will exceed the billion mark after the year 2000. Over 70% of the population live in the countryside. However, migration to urban agglomerations is increasing all the time. The largest urban centers are New Delhi (capital) with almost nine, Mumbai (formerly Bombay, the economic metropolis) with 13, Calcutta with over eleven, Chennai (Madras) with almost six, Hyderabad and Bangalore with around 4.5 million inhabitants from the other megacities Ahmedabad, Poona, Kanpur, Nagpur, Jaipur and Lucknow.
2.2. languageHundreds of different languages and dialects are spoken in India. The official language is Hindi, which is mainly in the north of the country and spoken by over a third of the total population. English is still the official language for the time being. A further 15 regional languages are recognized as official and equal official languages in those Union states where they are significantly represented. These are: Assamese (Assam), Bengali (Bengal), Gujarati (Gujarat), Kannada (Karnataka), Kashmiri (Kashmir), Konkani (Goa), Malayalam (Kerala), Marathi (Maharashtra), Oriya (Orissa), Punjabi ( Punjab), Sindhi (northwest India), Tamil (Tamil Nadu), Telugu (Andhra Pradesh) Urdu (northern India) and Nepali (Darjeeling area in Bengal). Language overview Source: Based on Information from Francis Robinson, ed., The Cambridge Encyclopedia of India, Pakistan, Sri Lanka, Nepal, Bhu Cambridge, 1989, 404; S. Muthiah, ed., A Social and Economic Atlas of India, Delhi, 1992, 39; and Joseph E. Schwartzberg, ed., AH Asia, New York, 1992, 1022.3. religion India has no state religion. The constitution guarantees every citizen freedom of belief, loyalty and exercise of belief. Nobody may be discriminated against because of their religion (Art. 15). In contrast to this constitutional tolerance, however, there are always disputes between different religious communities in everyday life. The reasons for this are usually less religious contradictions than major social tensions. The 1991 census showed the following percentage distribution of the various religious communities: · Hindus, 83% · Muslims (predominantly Sunnis), 10.9%. These are located throughout the country, but mainly in Uttar Pradesh, Bihar, Bengal, Kerala and Jammu & Kashmir, the only Union state with a Muslim majority. · Christians (mostly Catholics), 2.4% · Sikhs, 1.9%. In Punjab they make up just under the majority of the population. · Buddhists, 0.7% · Jainas, 0.5% · Parsing, 0.1% In addition, there are numerous other religious communities, such as the Baha'i, the Jews, etc., which, in terms of numbers, are hardly significant.
2.4. Schools and educationEducation is the responsibility of the individual Union states. The central government only oversees the seven “central” universities and should perform a coordination function between the individual member states. In accordance with the diversity of ethnic groups, languages and religions, but also the social class and caste affiliation, there is no uniform school practice in India. For example, Article 45 of the Constitution prescribes compulsory schooling for all children from six to 14 years of age, but there are still no corresponding statutory implementation provisions in ten Union states. Primary school usually lasts five years. This is followed by the upper primary level (grades VI to VIII). There is a shortage of qualified teaching staff at all levels. According to the 1991 census, 47.9% of those over the age of 15 were still illiterate. Above all, women, rural residents, the so-called 'untouchables' and members of the tribal population are disadvantaged. On the part of the economically up-and-coming middle class, the demand for places at private elite schools is growing.
2.5. Medical infrastructureThe health of an estimated one third of the population is affected by poverty, malnutrition, inadequate drinking water supply, precarious hygienic conditions and environmental pollution. In addition to western medicine (British medicine), which is of primary importance in the fight against threatening mass diseases such as malaria, filariasis, tuberculosis, leprosy, cholera, smallpox, plague, etc., the government also promotes traditional Indian medical systems such as Ayurveda, Unani, Siddha and homeopathy (German medicine). For Western medicine, the 1990 statistics show 4,526 government hospitals with 425,407 beds and 12,639 dispensaries and 5,646 private and non-profit hospitals with 177,000 beds and 15,665 dispensaries. The statistics also show 331,630 registered doctors, 245,415 nurses, nurses and midwives, 132,923 auxiliary nurses and 15,817 employees in other health professions. A total of 1,853 hospitals, 18,971 dispensaries and 491,146 doctors are registered for traditional healing systems and homeopathy. India has highly qualified specialists of world renown, for example in the field of organ transplantation. The good state and private medical care is, however, essentially limited to the better quarters in the urban agglomerations. The state health system, which is coordinated by the ‘Ministry of Health and Family Welfare ', has endeavored in recent years to expand primarily primary health care, which should also ensure medical care at village level. To this end, medical support staff (Village Health Guides) have been trained in large numbers and first aid stations (Primary Health Centers) have been set up. Great emphasis is still placed on family planning programs and medical mother-child care. However, health policy shows very different results in the individual Union states. An inflated and corrupt bureaucracy and a lack of money often prevent the implementation of the desired goals.
3. Wife and familyAlthough the constitution postulates the equality of men and women, the social norms of a patriarchal consciousness are still shaping everyday life, which assigns women an inferior position in the domestic and family environment. Even as a child, girls are not wanted: More than ever, female fetuses are being aborted due to advances in medical diagnostics. On average, girls are also less nourished than boys and have a correspondingly higher death rate. India is one of the few countries with a women’s deficit: there are only 92 women for every 100 men. Discrimination against women also continues in schooling, as the discrepancy between men and women in literacy rates clearly shows. Since the main endeavor of most parents is to arrange a suitable marriage for their children, daughters represent a considerable financial burden because of the dowry to be paid. Regardless of the legal prohibition that has existed since 1961, the dowry system continues to be practiced. Its material incentives can lead to abuse on the part of the man: A particularly tragic consequence of this is the dowry murders, often disguised as accidents, which affect several hundred women every year. The archaic custom of the Sati (Widow burning) practiced, which is supposed to mean that the woman has no right to exist outside of her husband. Finally, women are sometimes disadvantaged in civil law, namely in Hindu and Islamic inheritance law, both of which are legally valid in India, as well as in Islamic divorce law. With regard to the position of women, however, the process of change in the country and the major regional, social and cultural differences must also be taken into account. In Kerala, for example, there is no discrimination against women with regard to schooling. This Union state also has a natural birth surplus of girls. Around a third of the population is characterized by a medium-sized and urban way of life. The number of independent and self-confident women is increasing in this segment of the population. More and more people are making the leap into top social, economic or political positions. This milieu also provides strong impulses for women's political issues. There are also numerous women's organizations and NGOs that promote women or actively campaign for the implementation of the constitutionally postulated equality.
4.1. News agenciesThere are four Indian news agencies: The United News of India (UNI) and the Press Trust of India (PTI) report in English, while the Samachar Bharati and the Hindustan Samachar cover the needs for Hindi as well as other language groups. In addition, all the major international news agencies are represented in India.
4.2. newspapers and magazinesThe freedom of speech and freedom of the press guaranteed by the constitution is actually recognized in the print media. The press generally reaches a high level and reports very differentiated and critical. There has been an institutionalized press council since 1979, in which journalists, publishers, intellectuals and politicians are represented, which on the one hand protect the freedom of the press and on the other hand monitor compliance with the journalistic code of honor. This prohibits, for example, articles that promote violence between castes, religions or ethnic groups. However, the press council is not entitled to any sanctions, it can only provide information and clarification. In total there are around 33,000 newspapers and magazines in India, including 3,700 daily newspapers, which cover the entire cultural and linguistic spectrum of the country. In 1989 there were 672 daily newspapers in Hindi and 149 in English. However, the daily press is read by less than 3% of the total population. About 65% of the press products alone are owned by four families from large-scale industry: The group belongs to the Times of India the Jain and Dalmia families who Indian Express group the Goenkas who Hindustan Times group the Birlas and the Ananda Bazar Patrika Group of the Sarkar family. The main English daily newspapers with a national circulation are: Times of India, Mumbai (Bombay) and others; Indian Express, Delhi et al .; Hindustan Times, Delhi et al .; Statesman, Calcutta and others as well as The Hindu, Chennai (Madras) and others. The largest circulation of all daily newspapers reaches the Times of India with a circulation of around 900,000 copies.
4.3. radioThe state radio has existed since 1930. It has been broadcasting under the name since 1936 All India Radio (AIR). The radio covers 78% of the country's area and reaches around 90% of the population. The government makes devices available in many community centers in the countryside in order to be able to reach the population. AIR is one of the largest news organizations in the world: it maintains a total of 41 news centers, which publish regular bulletins in 24 languages and 38 dialects.
4.4. watch TVState television was founded in 1965. It has been under the name since 1976 Doordarshan organized. Star TV and CNN have been received via satellite since 1991. Doordarshan also broadcasts on two satellite channels. In 1996, 82% of the population and 67% of the country were in broadcast coverage and 38.5 million television receivers were in use. Doordarshan has a total of 40 production centers. The three main channels are the National Channel, the Metro Channel as DD3. These are mainly moderated in Hindi. Doordarshan also broadcasts programs on 16 other channels. The Metro Channel is also to be opened to private providers.
5.1. National economyWith a share of 0.63% of world trade, India has only a modest presence in the world market. Economic development to date has been shaped by the government's five-year plans. The numerous regulations under the supervision of an inflated bureaucracy proved to be inhibiting factors. In the nineties, an economic reform policy began, which aims to liberalize the economy in order to give the country access to the world market. On the one hand, this opening-up process has accelerated economic growth, but on the other hand it has also widened the gap between rich and poor. The most important branch of the economy is agriculture, which generates only a third of GDP, but three quarters of the population are directly dependent on it. The most important crops are rice, wheat, millet, corn and legumes. Cotton, jute, rubber, tea, tobacco, coffee, sugar cane and spices also play a role in the export business. The agricultural yields are heavily dependent on the monsoon rains. The agro-industry, which has future potential, is still in its infancy; only about one percent of all soil products are processed industrially.High interest rates and bureaucratic harassment often prevent the necessary investments. The secondary sector (manufacturing, construction, electricity) generates around 30% of GDP. India produces a wide range of different goods. Many of them are still protected from foreign competition by import restrictions. The cotton textile industry is a heavyweight. Other important branches are the iron and steel industry, the chemical industry and mechanical engineering. The country has powerful nuclear, arms and space technology. Indian scientists, engineers and IT specialists are among the best in the world. Bangalore, for example, is considered a software developer for the networked world. However, problems still represent infrastructure deficits and the 'brain drain', the migration of well-trained skilled workers abroad. The tertiary sector has the largest share of GDP. The main branches are trade, transportation, communication, administration and defense. India receives around four billion dollars in development aid annually. Annual income per capita is around $ 310. The country has not yet got its financial crisis (high foreign debt, high inflation, balance of payments deficit and insufficient foreign exchange reserves) under control.
5.2. Employment situationIn 1995 there were statistically 36 million jobseekers recorded. Since a large part of the population has to live from subsistence farming, the potential for labor demand is much higher. This attracts more and more people to the big cities or abroad. The family provides social security for the unemployed. Despite the ban, child labor is still widespread. Bonded labor continues to be another problematic form of labor exploitation.
5.3. currencyThe currency unit is the Indian rupee (iR) = 100 Paisa (P.). Indian sources write 'Rupee' (Re.), Plural: 'Rupees' (Rs). The terms 'lakh' (one hundred thousand) and 'crore' (ten million), which are common on the Indian subcontinent, are often used for large amounts of money. 1 crore Rs = 100 lakh Rs = 10,000,000 Rs. 1 iR = 0.04 CHF; 1 CHF = 24.5 Rs (as of October 1997). Natural resources and industrial sites Source: Federal Statistical Office, Country Report India 1991
6.1. Means of communicationThe railroad is the backbone of the Indian transport system. The railway is a state-owned company and with 1.6 million employees the largest employer in the country. In 1995 the rail network had a length of 62,462 kilometers. Of these, 11,793 kilometers were electrified. The road network has a total length of around two million kilometers, half of which are paved. About 35,000 kilometers are national roads. 40% of the total traffic is handled on these. Around every second village is still without a connection to the road network. It is estimated that 80% of passenger and 60% of freight traffic take place on the road. In contrast, international traffic is handled almost exclusively by air (people) and by water (goods): At the end of 1994, the Indian merchant fleet consisted of 438 units with 6.3 million gross registered tonnes (GRT). The country has 150 ports, which are spread along the 5,560 kilometers of coastline. The ports with the greatest cargo handling in order of priority are: Mumbai (Bombay), Madras, Kandla, Vishakapatnam, Calcutta, Marmagao, Cochin, Paradip, New Mangalore, Tuticorin and Nhava Sheva. 1994 became the monopoly for the state airlines Indian Airlines, Air India and Vayudoot canceled. Indian Airlines has since come under pressure from competition from six private providers in domestic traffic. Air India, which operates in international traffic, also has problems asserting itself in global competition. The National Airport Authority(NAA) are subordinate to 88 civil airports, including the five international Mumbai (Bombay), Delhi, Calcutta, Madras and Thiruvananthapuram (Trivandrum).
6.2. Travel documentsThe passport consists of a blue cover made of plastic (flexible). The front view contains the coat of arms of India in the middle. Above is the word 'Passport' in Hindi and English and below, also in two languages, the word 'Republic of India'. The passport has 36 pages. The period of validity is five years. Since September 1996, passports with a validity period of twenty years have also been issued. Road network Source: Federal Statistical Office, Country Report India 1991
7.1. Head of stateAlthough the constitution leaves a great deal of power open for the office of head of state, the previous incumbents have limited themselves to a representative role in practice. There are also certain legal judgments that set limits to the unauthorized action of the President. Constitutional amendments were also made in the 1970s with the aim of giving the cabinet (Council of Ministers) more weight than the President. The 42nd Amendment says that the President must follow the advice of the Council of Ministers, and the 44th Amendment provides that the President can only declare a state of emergency if there is a written decision from the Council of Ministers to do so. In addition, the President can only remove a regional government and subordinate the relevant Union state on the advice of the Prime Minister President's Rule put. The state president is elected by a body made up of members of the upper and lower houses as well as the parliaments of the individual states of the Union. The term of office is five years. Kocheril Raman Narayanan is India's tenth president and the first to come from a lower Hindu caste. He had previously served as Vice President and took office on July 25, 1997. The vice-president is elected by parliament. He is also the chairman of the Rajya Sabha, the House of Lords. On August 16, 1997 Krishna Kant elected as Vice President.
7.2. State governmentThe Prime Minister is appointed by the President. He and his cabinet must win the vote of confidence in parliament before they can take over government. The government of the United Front, a party coalition led by the Janata Dal (JD), had to give up on November 28, 1997 because she could no longer count on the support of a majority in parliament. She then only continued to run the business on an interim basis until the necessary new elections in the spring of 1998. On March 19, 1998, they established a multi-party coalition led by the Bharatiya Janata Party (BJP) to power. Since this government only has a small majority in parliament and the individual coalition partners also represent partially opposing interests, it is also considered to be unstable. Is prime minister Atal Behari Vajpayee. Government structure Source: Ministry of Information and Broadcasting, Research and Reference Division, India, 1994: A Reference Annual, New Delhi, 1995
8. ParliamentThe Union Parliament consists of two chambers: The Lok Sabha (People's Chamber, Lower House) has 545 seats. The members are elected for five years in a general popular election. Two seats are reserved for the Anglo-Indian community and are assigned by the President. The voting age is 18 years. The Rajya Sabha (Chamber of States, Upper House) has 245 seats. Its members are elected for six years by the regional parliaments according to a quota system, with a third being appointed every two years. 12 members are appointed by the President. The People's Chamber has more weight than the State Chamber in the legislative process.
9. AdministrationThe Union states have their own administration; the Union territories, on the other hand, are under direct administration by the central government. In exceptional cases, the central government can temporarily take over administration in individual Union states. On the recommendation of the central government, the president appoints a governor for each union state for a term of five years. In addition to representative functions, the governor also has powers: he can dismiss the Union government, dissolve the state parliament and reject laws passed by the state parliament for further deliberation. He elects the chief minister, whose office is organized analogously to the central government. The governor can formally advise the president to declare a state of emergency (President's Rule) in his union state. The Union states are divided into districts, counties and municipalities. The Panchayat system in which Panchayats (Village councils) and Sorrow of Sabhas (Village parliaments) exercise local self-government, especially in education, construction and health.
10. ElectionsIndian citizens who have reached the age of 18 have the active right to vote for the Lok Sabha (People's Chamber) and the legislative assemblies of the Union states. One seat is to be allocated per constituency according to the majority system. The elections for the twelfth Lok Sabha took place between February 16, 1998 and March 7, 1998. The election results and the comparison with the 1996 elections are shown in the table on the following page. The affiliation of the individual parties to the three relevant political blocks is also given as follows: * Belong to the alliance with der Bharatiya Janata Party (BJP) at. ** Members of United Front. *** Allies of the Congress party. Result of the parliamentary elections of February / March 1998
|Bharatiya Janata Party (BJP)||181||(162)|
|All India Congress Committee (I) (Congress Party)||141||(141)|
|Janata Dal (JD) ** (People's Party)||6||(45)|
|Rashtriya Janata Dal (RJD) ***||17||( - )|
|All India Rashtriya Janata Party (AIRJP) ***||1||( - )|
|Janata Party (JP) *||1||( - )|
|Biju Janata Dal (BJD) *||9||( - )|
|Communist Party of India (Marxist) (CPI-M) **||32||(32)|
|Tamil Maanila Congress (Moopanar) (TMC-M) **||3||(20)|
|Telugu Desam Party (Naidu) (TDP) **||12||(17)|
|Dravida Munnetra Kazhagam (DMK) **||6||(17)|
|All India Anna Dravida Kazhagam (AIADMK) *||18||( - )|
|Marumalarchi Dravida Munnetra Kazhagam (MDMK) *||3||( - )|
|Samajwadi Party (SP) ** (Socialist Party)||20||(17)|
|Shiv Sena * (SHS)||6||(15)|
|Communist Party of India (CPI) **||9||(13)|
|Bahujan Samaj Party (BSP)||5||(11)|
|Samata Party (SAP) * (Equality Party)||12||(8)|
|Lok Shakti (LS) * (People's Power)||3||( - )|
|Pattali Makkal Katchi (PMK) *||4||( - )|
|Shiromani Akali Dal (SAD) *||8||(8)|
|Arunachal Congress (AC) *||2||( - )|
|Revolutionary Socialist Party (RSP) **||5||(5)|
|West Bengal Trinamul Congress (WBTC) *||7||( - )|
|Haryana Vikas Party (HVP) *||1||(3)|
|Haryana Lok Dal (HLD) *||4||( - )|
|Kerala Congress (M) (KEC-M) ***||1||( - )|
|Manipur State Congress Party (MSCP) *||1||( - )|
|Sikkim Democratic Front (SDF) *||1||( - )|
|All India Forward Bloc (AIFB) **||2||(3)|
|Indian Union Muslim League (IUML) ***||2||(2)|
|Republican Party of India (RPI) ***||4||( - )|
11. Law and Justice
11.1. LawRights of different types and origins actually apply side by side. Traditional rights of Hindus and Muslims, tribal rights and regional customary law, legal norms left behind from the former French and Portuguese colonial possessions, decrees of former principalities and, above all, English law and the legislation of the British-Indian colonial government are effective. Article 372 of the constitution of January 26, 1950 declares that the law in force on the territory of the newly established state will continue to apply. At the same time, the constitution is defined as the fundamental norm of applicable law. The authority to make amendments is now only incumbent on the (constitutionally) legitimized legislative and judicial bodies. In this sense, a legal system based on the British model has become the overriding guiding principle. This applies in particular to criminal law, which is set out in Indian Penal Code (IPC) is regulated. In declared unrest areas, the government can apply anti-terror laws that restrict the constitutionally guaranteed fundamental rights of citizens: the legal basis for this is the law on unrest areas (Disturbed Areas Act) as well as the National Security Act(NSA), which is valid nationwide and allows the authorities to take people into preventive detention for up to one year. The Law on Terrorist and Subversive Activities, created in 1985 [Terrorist and Disruptive Activities (Prevention) Act - TADA] however, lost its validity in May 1995. According to the Armed Forces (Special Powers) Act If necessary, the security forces can be authorized to use firearms for the purpose of killing. In addition, specially created special legal provisions can be applied in individual Union states. So in Jammu & Kashmir since 1978 the Jammu and Kashmir Public Safety Act (PSA) in force.
11.2. Ordinary courtsThe Supreme Court is that Supreme Court based in Delhi. This consists of the Chief Justice and a maximum of 25 judges, who are appointed by the President. The Chief Justice has the competence to judge the High courts to appeal ad hoc to the Supreme Court for a specified period of time. The Supreme Court is a constitutional court. It regulates disputes between the central government and the Union states. The Supreme Court is also the final appellate instance for certain categories of judgments by the subordinate courts, in particular for judgments which contain an interpretation of the constitution or for death sentences. There is a High court (Supreme Court). It is a collegial court that functions as an appeal body in both civil and criminal matters. The High Court also oversees the state's lower courts and personnel to shield the judiciary from the influence of the executive branch. The following subordinate court instances are divided into civil and criminal law (Subordinate Civil and Criminal Courts). In these cases, each case is decided by a single judge. The judges on District and Sessions Court decide in personal union on both civil and criminal cases, whereby they as District Judge Zcivil cases and as Sessions Judge Judge criminal cases. The civil jurisdiction still knows the below the District Judge Subordinate Judge as well as the Munsif. Accordingly, there is a judge in the criminal courts below the session 1st Class Judicial Magistrate as well as the 2nd Class Judicial Magistrate with correspondingly graded penal competencies. The courts in India are very concerned about their independence.
11.3. Special dishesBased on the National Security Act (NSA) special dishes can be set up. Legal proceedings under the TADA are carried out by special courts - usually behind closed doors. (The TADA expired in May 1995, but cases that originated before this time can be continued).
11.4. Military courtsCrimes committed by members of the security forces are brought before military courts or special courts for members of the security forces (Security Forces Courts) negotiated.
12. Military and security forces
12.1. militaryAs a result of the armed conflicts with China and Pakistan, the armed forces have gained a key position since independence, but the authority of civil government and administration has never been affected. With the detonation of an atomic explosive device, India became the sixth nuclear power in the world in 1974. The country has achieved a high degree of self-sufficiency in arms production. The commander-in-chief of the armed forces is the president. Administrative and operational control lies with the defense minister and the chiefs of staff for the three branches of the armed forces. The leading political body on defense matters is a cabinet committee chaired by the Prime Minister. The constitutional amendment passed in November 1976 provides for compulsory military service, among other things. However, this has not yet been introduced in practice. In 1993 the armed forces had a total strength of 1,265,000 people. The army accounted for 1,100,000, the navy 55,000 and the air force 110,000. In addition, there are 525,000 reservists: Army: 300,000, Territorial Army (volunteers who take part in military exercises two months a year and otherwise pursue their civilian profession): 160,000, Navy: 25,000 and Air Force: 40 '000.
12.2. Police and gendarmerieEach Union state is responsible for carrying out its own police duties and accordingly has its own police force. The total strength of these police forces is 1,200,000 people. Of these, 600,000 belong to the only partially armed state police, 200,000 to the armed state police force and 400,000 to the so-called Home Guard. The latter is an unarmed auxiliary police force in which volunteers participate part-time. The Inspector General of Police (IG) or the Director General of Police (DG) is the highest police chief in a union state. He reports to the respective interior minister. The Deputy Inspector General (DIG) is the police chief responsible for several districts. The Superintendent (SI) is the chief of police in a district.He is responsible for the individual police stations, which represent the actual presence of the police in a Union state and where the Constables (Police officers) are active. Big cities have their own municipal police, one of them Commissioner to be led. If necessary, the police forces of the Union states can be reinforced by units of the central state (see Chapter 12.3. Militias). The constitution allows the central government to participate in police operations as well as the establishment of the Indian Police Service (IPS). The future higher police officers of the individual Union states are trained there. The Central Bureau of Investigation (CBI) ultimately acts as the highest Indian police authority. It has control, coordination and investigative powers.
12.3. MilitiasThe paramilitary groups are controlled by the Ministry of the Interior. These are made up as follows:
- National Security Guard (NSG) (National Security Police). A special force for personal protection composed of members of the army and the police, which also goes by the name Black cats is known. Stock: 7,500 people.
- Rashtriya Rifles. Special force for the protection of the traffic and communication links in the event of civil unrest and for the fight against armed rebellions (counter-insurgency). Stock: 10,000 people.
- Central Reserve Police Force (CRPF) (Federal Reserve Police). Militarily equipped police force for special operations. Stock: 125,000 people.
- Border Security Force (BSF) (Federal Border Police). Is the largest and at the same time best equipped militia. The main task is to protect the borders with Pakistan, Bangladesh and Myanmar. But it is also used to maintain internal order in other parts of the country, especially against armed rebels. Stock: 171,000 people.
- Assam Rifles. Responsible for border defense in the northeast. Stock: 35,000 people.
- Indo-Tibetan Border Force (ITBP) (Indo-Tibetan Border Police). Stock: 29,000 people.
- Coast Guard(Coast Guard). Stock: 5,000 people.The other militias are Railway Protective Force to protect the national railways as well as the Central Industrial Security Force, which works as security for state-owned companies. These are lightly armed units with an estimated total of 100,000 people. Finally, there is a 'Defense Security Corps' with a population of 31,000 people, mainly consisting of soldiers who are not on duty and who are deployed to guard military facilities.
12.4. Secret servicesThe Research and Analysis Wing (RAW) is the secret service for external operations. Since 1990 this is also under the name Research and Analysis Service (RAS) known. The RAW / RAS reports directly to the Prime Minister's Cabinet Secretariat. The Intelligence Bureau (IB), which is subordinate to the Ministry of the Interior, functions as a domestic secret service. The individual security forces maintain their own information gathering services in their area of responsibility. The Joint Intelligence Committee (JIC) tries to coordinate the services of the Ministry of Defense and the Ministry of Interior.
13. Detention and the execution of sentencesAccording to the Code of Criminal Procedure (CrPC), the police have the right to initiate investigations and to make arrests of offenses that are subject to jurisdiction without a judicial authority. The police also have the right to carry out body searches, which must be carried out by police officers on women and children. The officer in charge of a police station must immediately contact the judge after an arrest First information report (Police report). Article 22 (1) of the Constitution requires that every person arrested must be informed of the reasons for their detention. He also has the right to call in a lawyer. According to Article 22 (2) of the Constitution and Section 57 of the CrPC, every person arrested must be brought before a judge within 24 hours. If the police investigation cannot be completed within 24 hours and there are other well-founded suspicions, the police station officer must present the investigation protocols to the judge on the basis of Section 167 of the CrPC and also present the arrested person to the judge. The judge can extend the pre-trial detention by 15 days each time. Pretrial detention may last a maximum of 90 days. The CrPC distinguishes between bailible and non bailable offenses. In the first case, the accused has the right to be released on bail; in the second case, the judge can, at his own discretion, allow him to be released on bail
feature. In order to reduce the risk of ill-treatment while in police custody, Section 54 of the CrPC provides that the judge can order a medical examination at the request of the arrested person. Article 20 (3) of the Constitution also provides that defendants must not be compelled to stand as witnesses against themselves. Pursuant to Sections 25 and 26 of the Evidence Act, no confession made to a police officer or while in police custody may be used in court as evidence against the accused himself or any other person charged with a misdemeanor. The constitution also allows so-called preventive detention laws. The system of administrative preventive detention in the event of fear of endangering public order dates back to the time of British rule. The National Security Act (NSA) of September 1980 allows preventive detention without charge or trial for up to one year of persons who are at risk of acting detrimentally to the security of the state, the maintenance of public order or the maintenance of essential services for the general public. A person arrested under the NSA must be informed of the reasons for detention within 15 days. After seven weeks at the latest, an advisory board must rule on the legality of the detention. If a person who has been arrested on the basis of the NSA is to be released, a court must expressly determine that the grounds for detention are null and void. The police cell is usually an unfurnished, dirty room that is also poorly ventilated and lit. People sleep on the bare floor. A bucket serves as a toilet. The cells are often overcrowded. Detainees on remand are not entitled to new clothes or toiletries. On the other hand, the conditions in prisons are somewhat better: There are three different categories, graded according to the social status of the prisoners: Category C accommodates the broad mass of prisoners. The cells are usually unfurnished and dirty. The food, sanitary facilities and medical care are often inadequate. Sometimes prisoners are handcuffed or shackled. As prisoners, people with higher education and taxpayers are entitled to be assigned to Category B, in which the conditions of detention are already much better. Finally, category A is reserved for prominent people who are accommodated in a single room (usually in government guest houses) on the instructions of the government and who can be looked after by their families. The prisons in India are overcrowded; some are even overcrowded up to three times the capacity.
14. General human rights situationThe constitution guarantees basic personal rights and freedoms (freedom of expression, assembly, association, employment and professional activity, freedom of movement and freedom of residence). The judicial authorities make every effort to ensure compliance with legally enshrined human rights. In this regard, the independent press also plays an important role, which is able to raise public awareness of human rights issues with critical reports. The work of the numerous human rights organizations and NGOs in the country is just as important. Everyday life in India is characterized by strong tensions and contradictions between the various social classes, castes, ethnic groups and religions. In addition, there is an awareness that is deeply rooted in the population for a natural inequality between people. Both together foster a high general propensity for violence as well as discrimination against the economically and socially weak. The endeavor to overcome this everyday discrimination in accordance with the constitution is therefore a lengthy process that will also largely depend on economic development. The state tries, for example, to prevent social discrimination against the Dalits and Adivasi through legal protection provisions and quota regulations in favor of the so-called Scheduled castes respectively Scheduled Tribes to counteract. Lower-class people are the most likely victims of arbitrariness or human rights abuses. Although torture is prohibited by law and the government has agreed to ratify the international torture convention, prisoners are repeatedly mistreated or even tortured in police stations. Cases have become known in which prisoners died from the abuse or suffered permanent damage. In individual cases, women were found to have been raped while in police custody, although the law, in order to avoid this, stipulates that female prisoners should only be supervised by police officers. In other cases, no arrest report was completed, so that the persons concerned were officially “disappeared”. The police are generally poorly trained and corrupt. The government has one National Human Rights Commission (NHCR) used to counteract these abuses. The government is also willing to hold guilty police officers to justice. However, human rights organizations complain that only very few violations are actually punished. The human rights situation is problematic in Kashmir and the seven Union states in the extreme northeast (Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura), i.e. in areas where the security forces (militias, army, police) fight against various armed rebel organizations to lead. Human rights violations in these combat areas are encouraged by special statutory authorizations, such as the Armed Forces (Special Powers) Act, which leaves the security forces largely free. Based on the Jammu and KashmirPublic Safety Act (PSA) as well as the (suspended since May 1995, but still used for old cases) Terrorist andDisruptive Activities (Prevention) Act (TADA), Several thousand people are in custody without charge or trial in connection with the Kashmir conflict. The security forces are also charged with serious offenses (arbitrary arrests, robbery, torture, rape, murder, enforced disappearances and extrajudicial executions). Prisoners are sometimes killed in an alleged 'skirmish' or 'attempt to escape'. Officially covered, private armed militias also operate in counter-guerrilla warfare. Like their opponents, the various armed rebel organizations, they are responsible for numerous crimes. The protection of the population from arbitrary attacks is no longer guaranteed under these circumstances. A possible security alternative remains the relocation of the residence to a quiet part of the country. The ICRC has been able to visit prisoners in Kashmir since the end of 1995 (with certain restrictions). It also runs courses on human rights among the security forces. The holding of parliamentary elections in autumn 1996 after nine years of President's Rule in Jammu and Kashmir ultimately represent a hopeful attempt to initiate a political process of normalization in this Union state. In the seven north-eastern Union states, a mixture of peoples of Assamese, Bengali immigrants and over a hundred other indigenous groups live together in a complex relationship of tension. There are at least 18 major armed organizations potentially active in this area. The struggle of the security forces against some of these groups has similar effects on the population as in Kashmir, albeit on a lower level in quantitative terms. In contrast, in Punjab, where the security forces practically wiped out the armed groups of the so-called Khalistan movement by 1993, normality has largely returned to normal. The police have come under pressure for their part because of the human rights violations they have committed. The Central Bureau of Investigation (CBI) has in this context at the instruction of the Supreme Court extensive investigation started. The newly elected government in Punjab in February 1997 announced that it would take action against guilty police officers and compensate the victims of human rights violations. Finally, the police are also occasionally attacking the so-called Naxalites (Maoists who want to lead an armed class struggle in the countryside) reported. However, the activities of the Naxalites are declining and are limited selectively to areas in the hinterland of Andhra Pradesh, Bihar, Orissa, Madhya Pradesh and Maharashtra.
15. Political and religious movementsThe party landscape is characterized by many splits, amalgamations, new foundations and alliances of convenience. Leaders are often more important than political programs. Only a few parties are anchored nationwide. In the nineties, three main political blocs emerged that replaced each other in government: 1. The Congress party and their allies. 2. The United Front (UF), a coalition of center-left parties. 3. The Indian People's Party (BJP) and their allies. But more and more regional parties are making the difference when it comes to forming a government. The influence of regional self-interests in domestic politics is therefore tending to increase. The following parties are listed as a representative selection:
- All India Congress Committee (I); (Congress; Congress; Congress Party). Was founded in 1885 as a Indian National Congress (INC) founded. The party was a rallying movement for the struggle for independence against British colonial rule and practiced nonviolent resistance under the (unofficial) leadership of Mahatma Gandhi. Under the leadership of Nehru, the Congress became the ruling party after independence in 1947. In 1969 there was a first split into Congress organization (Cong-O) and Congress-Indira (Cong-I). The party's reputation plummeted when Indira Gandhi declared a state of emergency on India (1975-77). A further split in the party at the national level as well as a devastating electoral defeat against the 'Janata Coalition' were the consequences. With the murder of Indira Gandhi (1984) and Rajiv Gandhi (1991), the rule of the family dynasty (Nehru-Gandhi) over the Congress came to a temporary end. The new party leader, Narashima Rao, won the 1991 elections, but got caught up in the corruption swamp. He was dropped by Congress after the 1996 election defeat. His successor Sitaram Kesri finally had to cede the party chairmanship in April 1998 to Sonia Gandhi, the widow of Rajiv Gandhi. The party program was largely shaped by Nehru's socialist ideas: the abolition of poverty, nationalization of basic and heavy industry, etc., as well as a non-pact-bound foreign policy based on the former USSR. The political orientation of the congress party is developing more and more in the direction of a liberal market economy.
- Tamil Maanila Congress - TMC. Regional part of the Congress Party in Tamil Nadu, which split off in 1996. Is an important member of the United Front (UF) coalition. Leader: G.K. Moopanar.
- Bharatiya Janata Party - BJP. (Indian People's Party). Emerged in 1979 from the disbanding Janata coalition. Takes a right-wing, Hindu nationalist course. Its power base is mainly in northern India (Hindi Belt), where it was able to come to power in several union states. Behind the BJP are several tightly managed and sometimes militant Hindu organizations such as the Rashtriya Swayamsevak Sangh (RSS) or also the Vishwa Hindu Parishad (VHP), who are largely responsible for the destruction of the mosque in Ayodya in December 1992. In the April / May 1996 elections, the BJP rose to become the strongest party in the People's Chamber. The party leader Atal Behari Vajpayee was then appointed prime minister, but was only able to maintain this post for a few days. After the elections in February / March 1998, the BJP emerged again as the strongest party and was able to form a coalition government with Atal Behari Vajpayee as prime minister.
- Shiv Sena. Right-wing extremist Hindu party with fascist features, founded in 1967. Makes propaganda against Muslims and has stoked communal riots several times. Has her power base in Maharashtra, where she rules with her ally BJP. Leader: Bal Thackeray.
- Communist Party of India - CPI. Founded in 1920. Steered a pro-Soviet course. Was previously allied with the Congress Party, then switched sides and belongs to the alliance of United Front (UF) at. The party is led by General Secretary Indrajit Gupta.
- Communist Party of India-Marxist - CPI-M. Split from the CPI in 1964 and followed a pro-Chinese line until 1968. In 1967 militant Maoists split off and founded the CPI (Marxist-Leninist). After an uprising in the Bengali district of Naxalbari, these are also called Naxalites known. The Naxalites are now split into several factions. The CPI-M has its power base in West Bengal, where it has ruled since 1977, as well as in Kerala and Tripura. member of Unitedfront. Leader: Jyoti Basu; Secretary General: Harkishen Singh Surjeet.
- All India Forward Bloc - AIFB. Left regional party in West Bengal. Is involved in the government there. Belongs to United Front at. Leader: Chitta Basu.
- Revolutionary Socialist Party - RSP. Is politically anchored in West Bengal, Tripura and Kerala and represents a Marxist-Leninist ideology. Belongs to United Front at. Secretary General: Tridib Chowdhury.
- Janata Dal - JD. (People's Party). Was formed from a merger of five parties in May 1977. Is ideologically committed to the lower classes. Led the coalition of the 1989 elections National Front and was then able to temporarily form a fragile government. The party was weakened by several divisions in the years that followed. In the elections in the spring of 1996, the JD led the left-wing coalition of the UF and then represented H.D. Deve Gowda the Prime Minister. Gowda had to resign in April 1997 and was replaced by Indian Kumar Gujral. In June 1997, a criminal investigation into corruption was initiated against party leader Laloo Prasad Yadav, who was also Prime Minister in Bihar. Yadav had to give up both his party and his government office. He split off from the JD in July 1997 and founded the JD with his supporters Rashtriya Janata Dal(RJD) (National People's Party). Sharad Yadav became the new leader of the JD. In November 1997, the Gujral government had to give up because it had lost the support of a majority in parliament. The party, weakened by splits, then suffered a severe defeat in the spring 1998 elections.
- Samajwadi Party - SP. In 1992 it emerged as a splinter party of the JD with local roots in Uttar Pradesh. Belongs to United Front at. Leader: Mulayam Singh Yadav.
- Samata Party - SAP. (Equality Party) emerged in 1994 as a splinter party of the JD with local roots in Bihar. Run by veteran socialist and union leader George Fernandez. He joined the BJP government in 1998 and was rewarded with the office of Defense Minister.
- Bajujan Samaj Party - BSP. Represents the Harijans ('untouchable stretcher'). Has political roots in Uttar Pradesh, where she was represented in the government from 1993 to 1995. The BSP is also represented in the parliaments in Punjab and Madhya Pradesh. Leader: Kanshi Ram.
- Telugu Desam Party - TDP. Left regional party founded in Andhra Pradesh in 1982. In 1995 split into the factions of Chandrababu Naidu and Lakhsmi Parvati, the widow of the former leader N.T. Rama Rao, up. The faction of Naidu belongs to the United Front at.
- Dravida Munnetra Kazhagam - DMK. (Dravidian Progressive Federation). Regional Tamil party founded in 1949, which fought against Hindi as the official language and demanded extensive autonomy for Tamil Nadu. In 1972 the split All-India Anna Dravida Munnetra Kazhagam (AIADMK) from DMK. Both then alternated as the ruling party in Tamil Nadu. The regional elections of 1996 won the DMK, which of the United Front listened to. Party leader Muthuvel Karunanidhi then took over the post of prime minister in this union state for the second time. The AIADMK for its part, Tamil Nadu won most of the seats in the 1998 Lok Sabha elections. The party leader Jayaram Jayalalitha, against whom several lawsuits for corruption are pending, then joined the government alliance with the BJP and tried from this position to oust Karunanidhi from his power in Tamil Nadu.
- Asom Gana Parishad - AGP. (People's Council of Assam). Regional party founded in Assam in 1985. Returned to power in this union state in 1996. Belongs to United Front at. Leader: Prafullo Kumar Mohanta.
- Indian Union Muslim League - IUML. The roots of the party go back to the time of British rule. After the division of the Indian subcontinent, the Muslim League never played an important role in India. The party is mainly rooted in the south of the country with a focus on Kerala.In Punjab, where the Sikhs have a population of over 50%, the following political groups of this religious community are active in addition to the traditional parties:
- Shiromani Akali Dal - SAD. (also: Akali Dal - AD). Founded in 1920 as a Sikh renewal movement. After independence, he successfully campaigned for the creation of the Punjab as an independent union state. The party increasingly came into sharp opposition to the Congress Party and in 1973, with the 'Anandpur Sahib Resolution', drew up a programmatic catalog of demands against the central government. It lost political influence in the 1980s due to numerous internal divisions and the emergence of the militant Khalistan movement. It succeeded in the nineties Parkash Singh Badal reunite most of the factions under his leadership. The party won the elections in February 1997 with 75 out of a possible 117 seats, the majority in the Punjab parliament. As chief minister, Badal heads a coalition government with the BJP.
- Akali Dal - man - AD-M. Radical faction of the Akali Dal led by Simranjit Singh man, good contacts with the militant forces of the Khalistan movement were reported. In the elections for the Lok Sabha in November 1989, his faction proved to be the strongest political force of the Sikhs, but was only able to win one seat in the parliamentary elections in Punjab on February 7, 1997.
- All India Sikh Students Federation - AISSF. Was founded in 1944 as an Akali Dal youth and student organization. Under the leadership of Amrik Singh the organization began to radicalize in the 1970s. In the 1980s, many members joined the armed struggle for an independent Khalistan. The AISSF was therefore even temporarily banned between March 1984 and April 1985. Amrik Singh was killed when the army stormed the Golden Temple on June 6, 1984. The organization was subsequently weakened by numerous internal divisions and largely lost its independent political influence. The AISSF is today again considered a purely political youth organization of the Akali Dal.The militant movements in Punjab were practically eliminated by the security forces by the end of 1993. Of the few rebels that remain, most have fled abroad. These are searched for by name. In this limited framework, the following organizations are still considered active:
- Babbar Khalsa. Was founded in April 1978. The leader Sukhdev Singh Babbar was shot dead by the police on August 9, 1992. The remaining group is made up of Wadhawa Singh and Mahal Singh guided.
- Khalistan Commando Force - KCF. Formed after storming the Golden Temple in June 1984. Disintegrated into numerous factions, some of which decimated each other. What remained are two parliamentary groups: One is led by Parmjit Singh Panjwar, the other of Wassan Singh Zaffarwal.
- Khalistan Liberation Force - KLF. Was born in the summer of 1988 by Avtar Singh Brahma founded as a spin-off from KCF. Brahma died the following year. Applies since July 1992 Dr. Pritam Singh Sekon as the leader of the KLF.The following local political groups are important in Jammu and Kashmir:
- Jammu and Kashmir National Conference - JKNC. Went out of the 1938 Muslim Conference emerge. The party advocates that Jammu and Kashmir receive more autonomy rights and that they remain in the Indian state association. After the founding of the state, the party leader Sheikh Abdullah managed to have a special status for Jammu and Kashmir recognized in Article 370 of the Indian Constitution. His son Farooq Abdullah took over the party leadership in 1981. When he became Chief Minister for the third time after a rigged election in 1987, he lost popular support. This led to the boom of various armed organizations until 1990. Abdullah was deposed by the central government and Jammu and Kashmir were placed under President‘s Rule. It was not until September 1996 that elections for the regional parliament took place again. The JKNC won the absolute majority with 59 out of 87 possible seats and Farooq Abdullah was reinstated as chief minister on October 9, 1996.
- All-Party Freedom - Hurriyat; Conference. A rallying movement of around 30 different opposition groups that demand the implementation of a plebiscite in Jammu and Kashmir, in which the people can speak out in favor of independence or joining India or Pakistan. The 'Hurriyat' boycotted the September 1996 elections. Individual groups in the movement are extremely divided. Chairman: Umar Farooq.
- Jammu Kashmir Liberation Front - JKLF. Is from the 1965 founded Jammu Kashmir National Liberation Front (NLF) emerged. The founder and leader Maqbul Butt was executed in India on February 11, 1984. Since then, the date has been an official day of remembrance in Pakistan, where the JKLF headquarters are chaired by Amanullah Khan. The organization fights for the complete independence of the former princely area of Kashmir. It represents a secular state ideal. Mohammad Yasin Malik, the charismatic leader of the JKLF in India was arrested on August 6, 1990 and tortured while in custody. He was released by the authorities in 1994 in the hope that the JKLF could offer a hand for a compromise political solution.
- Hisbul Mujahideen - HM. Defends a fundamentalist Muslim ideology and fights for affiliation with Pakistan. So you get massive support from there. Fight the JKLF as a rival organization. Is considered to be the strongest of the various armed Islamist groups, whose links with one another are not clearly evident. Since 1993 the Harakat ul-Ansar under the leadership of Maulana Mohammad Farooq. This maintains very close ties to the Jamiat Ulema-i-Islam (JUI) in Pakistan and its militant offshoots, the Sipah-i-Sahaba, and the Taliban in Afghanistan. The group Al-Faran, which kidnapped several foreign tourists in the summer of 1995 (and probably killed all of them) is considered the cover organization of Harakat ul-Ansar, which was put on the list of terrorist organizations by the USA in October 1997.Source: Asia, Small Reference Book, Berlin 1987
- Avoid people who are not intelligent
- Is Nintendo the Disney of video games
- Can I mix glitter in Mod Podge
- What is a color bar
- How was Colby College founded
- The diffraction requires light disturbances
- Is a gifted child born or developed
- Who is the most decorated soldier
- Is an MBA necessary for bank promotion
- Why do people sing
- What are some cute 16 party favors
- Do you like hipsters
- Are oats unhealthy
- How can I cancel a Deezer subscription
- Key West is an expensive vacation spot
- What does phosphorus mean
- Is North Korea an atheist country
- Why do dolphins swim near the shore?
- What is the best iPhone journal app
- What are the cheapest water sources
- What makes you hate LinkedIn
- How do university courses work?
- The population decline is a bad thing
- When should we say goodbye?