Only a few NGOs support Naxals in India

dish

REASONS FOR DECISION:

I. Procedure:

The complainant, a national of the Republic of India, filed an application for international protection on July 21, 2015 after illegally entering the Austrian federal territory.

In the first questioning carried out on the same day by an organ of the public security service, the complainant alleged, in summary, that he came from XXXX in Punjab and that he belonged to the Sikh religion. His mother tongue is Punjabi and he went to school in his home village for twelve years. Subsequently, he helped his father in the doctor's office. His parents and sister now lived in Canada, and his uncle and aunt lived in India. In June 2015, the complainant flew to Russia by plane with the assistance of a tractor and subsequently reached Austria. As to his reason for fleeing, he stated that he had had a named girlfriend in India for about a year and a half. Her drug addicts brothers saw her in a restaurant about three months ago and have threatened him and his family ever since, which is why he left India fearing for his life.

On July 6, 2016, the complainant was questioned in writing before the Federal Office for Immigration and Asylum. In doing so, he essentially repeated the allegations he had already made and added that his girlfriend's parents had already chosen another bridegroom for them and that he and his family had been threatened by his girlfriend's three alcoholic or drug addicted brothers since around March 2015. He reported the incidents to the police, but he did not expect adequate protection because his family was not politically active, but his girlfriend's relatives were. In response to the suggestion of a domestic flight alternative, the complainant asked the counter-question where he should go. In Austria he is currently attending a German course and working as a delivery agent.

Subsequently, it was discussed with the complainant on what basis and on the basis of which state determinations the authority concerned would reach a decision and he was given the opportunity to submit a statement.

On July 21, 2016, the complainant received a handwritten statement from the Federal Office, in which he essentially stated that he did not agree to the provincial reservation insofar as there were no laws in India. Everyone would be bribed and no one would help someone who had no contacts or the necessary change. The police in India do not help him because he has little money.

The complainant attached copies of credits from XXXX and XXXX GmbH to this statement.

With the contested decision of the Federal Office for Immigration and Asylum, the complainant's application for international protection in accordance with Section 3 (1) in conjunction with Section 2, Paragraph 1, Item 13 of the Asylum Act regarding the granting of the status of the person entitled to asylum (point I.) and in accordance with Section 8, Paragraph 1 in conjunction with Section 2, Paragraph 1, Item 13 of the Asylum Act with regard to the granting of the status of beneficiary of subsidiary protection in relation to the country of origin India (point II.) Rejected. According to Sections 57 and 55 AsylG, the complainant was not granted a residence permit for reasons worthy of consideration. Pursuant to Section 10 (1) (3) AsylG in conjunction with Section 9 BFA-VG, a return decision was issued against him in accordance with Section 52 (2) 2 FPG and, in accordance with Section 52 (9) FPG, it was established that the complainant's deportation was in accordance with Section 46 FPG allowed to India. Furthermore, it was stated within the ruling that the period for the complainant's voluntary departure in accordance with Section 55 (1) to (3) FPG was fourteen days from the legal force of the return decision.

On the general situation, the Federal Office for Immigration and Asylum provided inter alia. stipulated below:

"on the situation in your country of origin:

1. Latest events - Integrated brief information

No current brief information available.

2. Political situation

With over 1.2 billion people, India is the most populous democratic state in the world (CIA Factbook October 28, 2015; see AA April 24, 2015). With its many languages, India is particularly diverse, which is also reflected in its federal political system, in which power is shared by the central government and the states (BBC October 28, 2015). Since June 2nd, 2014 India has 29 federal states and seven Union states (CIA Factbook October 28th, 2015; cf.AA 10.2015a). According to the constitution, it is a secular, democratic and federal republic. The capital New Delhi has a special legal status. The central government has significantly greater powers than the state governments and, in the event of internal problems, can place a state under direct central government administration for a limited period of time (AA 10.2015a).

After independence from Great Britain (1947), India enforced the principle of the separation of powers between the legislature, the executive and the judiciary. The decisions of the state administration (bureaucracy, military, police) are also controlled by the country's free press, which is published not only in the national official languages ​​Hindi and English, but also in many of the regional languages. India also has a lively civil society that is involved in shaping politics with a variety of initiatives (AA 10.2015a). President Pranab Kumar Mukherjee has been Indian head of state since July 2012 (AA 10.2015a). The President is the head of state and is elected by an electoral committee, while the Prime Minister is the head of government (USDOS 6/25/2015). The office primarily entails representative tasks, but the president has far-reaching powers in the event of a crisis (AA 10.2015a). The most important office within the executive branch is held by the Prime Minister, who has been called Narendra Modi since May 26, 2014 (GIZ 11/2015).

In accordance with the constitution, the states and union territories have a high degree of autonomy and have primary responsibility for law and order (USDOS 6/25/2015). The legislature consists of a People's Chamber (Lok Sabha) and a Chamber of States (Rajya Sabha). There are also state-level parliaments. The Supreme Court in New Delhi is at the head of the judiciary (GIZ 11.2015; cf. AA 24.4.2015).

The separation of powers between parliament and government follows the British model. In India there is a constitutionally guaranteed, independent judiciary with three levels of authority (AA April 24, 2015).

In the last few decades India experienced an enormous economic boom, which led to the formation of a new middle class. But India's age-old caste system, ailing rural infrastructure, severe environmental pollution and religious conflicts between Hindus and Muslims continue to pose major problems for the country (FAZ May 16, 2014). The new government, which has been in office since 2014, not only wants to continue the market economy course, but also to intensify it by removing bureaucratic obstacles and reducing protectionism. Foreign investors should become more active (GIZ 8/2015).

Elections 2014:

The last nationwide elections took place in April / May 2014 (AA April 24, 2015). The election for the 16th Lok Sabha, the Indian lower house, began on 7.4.2014 (GIZ 11.2015). 814 million voters were asked to cast their votes at more than 930,000 ballot boxes and 1.5 million electronic voting machines (Eurasisches Magazin May 24, 2014), including around 120 million first-time voters (GIZ 11.2015).

Three major party alliances faced each other in the election:

The United Progressive Alliance (UPA) under the leadership of the Congress Party, the National Democratic Alliance (NDA) under the leadership of the BJP and the so-called Third Front, which consists of eleven regional and left-wing parties. The performance of the Aam Aadmi Party (AAP), which emerged from part of the India Against Corruption movement, was attended with particular interest. The AAP managed to win 28 out of 70 seats in the 2013 election in Delhi. The result in 2014: Nationwide, the AAP only won four seats (GIZ 11.2015; see FAZ 16.5.2014).

The election winner was officially announced on May 16, 2014: Narendra Modi from the opposition party Bharatiya Janata Party (BJP), which won an absolute majority with 282 of 543 seats. On the other hand, heavy losses for the coalition led by Manmohan Singh, which has been in power since 2004. Sonia Gandhi and son Rahul are now moving to the opposition bench (Eurasisches Magazin May 24, 2014; see FAZ May 16, 2014, GIZ 11.2015). The new head of government is the previous Chief Minister of the State of Gujarat, Narendra Modi. This also nourishes the fear of a flare-up of communalism (GIZ 11.2015).

Swell:

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AA - Federal Foreign Office (April 24, 2015): Report on the asylum and deportation-relevant situation in the Republic of India

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AA - Foreign Office (10.2015a): India, domestic policy, http://www.auswaertiges-amt.de/sid_AC539C62A8F3AE6159C84F7909652AC5/DE/Aussenpolitik/Laender/Laenderinfos/Indien/innenpolitik_node.html, accessed November 9, 2015

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BBC - British Broadcasting Corporation (28.10.2015): India country profile - Overview,

http://www.bbc.co.uk/news/world-south-asia-12557384, accessed on November 9, 2015

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CIA - Central Intelligence Agency (October 28, 2015): The World Factbook

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India,

https://www.cia.gov/library/publications/the-world-factbook/geos/in.html, accessed on November 9, 2015

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Eurasisches Magazin (May 24, 2014): Where is the greatest democracy on earth going?

http://www.eurasischesmagazin.de/artikel/Indien-nach-den-Wahlen-eine-Analyse/14017, accessed on November 9, 2015

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FAZ - Frankfurter Allgemeine Zeitung (May 16, 2014): Modi is the man of the hour,

http://www.faz.net/aktuell/wirtschaft/fruehaufsteher/wahlentscheid-in-lösungen-modi-ist-der-mann-der-stunde-12941572.html, accessed on November 9, 2015

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GIZ - German Society for International Cooperation GmbH (11.2015): India,

http://liportal.giz.de/haben/geschichte-staat.html, accessed on November 9, 2015

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GIZ - German Society for International Cooperation GmBH (8/2015): India, Economic System and Economic Policy, http://liportal.giz.de/lösungen/wirtschaft-entwicklung/, accessed on November 9, 2015

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USDOS - US Department of State (June 25, 2015): Country Report on Human Rights Practices 2014 - India, http://www.ecoi.net/local_link/306292/443589_de.html, accessed November 9, 2015

3. Security situation

India is rich in tensions along ethnic lines, religions, castes and also life perspectives. Contradictions, contradictions or conflicts discharge in the social arenas and are taken up, processed and in some cases instrumentalized by politics (GIZ 11.2015). Bloody terrorist attacks have repeatedly claimed deaths in India's megacities in the past few years (Eurasisches Magazin, May 24, 2014). The tensions in the north-east of the country continue, as does the dispute with the Naxalites (GIZ 11.2015). The state's monopoly on the use of force is being called into question in some areas by the activities of the "Naxalites" (AA April 24, 2015).

India faces a number of security problems. There are several left-wing armed groups (Maoists) across the country. After an increase in the activity of insurgent groups between 2003 and 2010, these activities decreased due to internal power struggles, limited support in the tribal communities and effective operations against their leadership by the security forces. In 2013, around 76 of India's more than 600 counties experienced some form of Maoist violence. Insurgent groups from Pakistan have shown their ability to launch attacks (via Indian-administered Kashmir) in central India. Worth mentioning are the December 2001 attacks on the Indian Parliament and the Mumbai attacks in July 2006 and November 2008. Pakistani groups are believed to have provided support to Indian terrorist cells in the 2006 attacks. The attacks in 2008 were planned, supported and led from Pakistan. Local rebel groups - both Hindu and Islamist - have been implicated in a series of terrorist attacks on key Indian cities. The security situation in the areas of Kashmir, northeast and especially in Assam is unstable and revolts keep coming back. Another security problem is communal violence between the Hindu majority and the Muslim minority. Organized crime is also a problem in capitals, but not for foreign companies. There are kidnappings with ransom demands, but these are limited to the local population. The poor road safety in the country is a significant problem. The greatest immediate external security threat is Pakistan, especially in relation to the longstanding Kashmiri dispute (IHS- Jane's Sentinel Security July 1, 2014).

The government acts with great severity and rigor against militant groups, who mostly advocate the independence of certain regions and / or adhere to radical views, especially as soon as internal security is seen as endangered. If such groups renounce violence, the government is usually ready to negotiate their demands. Nonviolent independence groups are free to be politically active (AA April 24, 2015). Despite numerous and sometimes dramatic successes by India's security and intelligence agencies, which repeatedly suffer from severe resource problems, the reality is that the security apparatus is still easily vulnerable (South Asia Terrorism Portal October 30, 2015).

Pakistan and India

Relations with our neighbors, Pakistan, who are also nuclear armed, remain complicated. Phases of dialogue and tensions through to armed conflict have replaced one another in the decades since independence (AA 10.2015c). The biggest obstacle to improving relationships is still the cashmere problem (AA 10.2015c). There have already been three wars since 1947, two of them due to the disputed Kashmiri area. Peace talks, which began in 2004, continued despite tensions over the Kashmir region and repeated heavy bomb attacks until the attacks by Islamists in Mumbai in 2008 (BBC October 28, 2015). India accuses Pakistan of at least tolerating infiltration of terrorists on Indian territory, if not promoting it (AA 10.2015c).

The South Asia Terrorism Portal recorded 1,073 deaths from terrorism-related violence in 2011, 803 in 2012, 885 in 2013, 976 in 2014 and 608 in 2015 (until October 25, 2015) [Note : the figures quoted include civilians, security forces and terrorists] (South Asia Terrorism Portal 10/30/2015).

In 2013 there were further serious incidents on the "Line of Control". At a meeting in New York at the end of September 2013, Prime Ministers Singh and Sharif merely agreed to better comply with the ceasefire in the future (GIZ 11.2015). Recently, there have been repeated exchanges of fire between Indian and Pakistani troops on the borderline between the two parts of Kashmir and, according to Indian sources, attempts by extremist fighters to break into Indian territory have been unsuccessful (AA 10.2015c).

No breakthrough has yet been achieved in the mutual attempts to put the bilateral relationship on a permanent political basis (AA 10.2015c). On his inauguration, Modi invited all neighboring heads of state - including Pakistan - to show his commitment to building closer ties in the region (HRW 01/29/2015).

Swell:

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AA - Federal Foreign Office (April 24, 2015): Report on the asylum and deportation-relevant situation in the Republic of India

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AA - Foreign Office (10.2015c): India - Foreign Policy, http://www.auswaertiges-amt.de/DE/Aussenpolitik/Laender/Laenderinfos/Indien/Aussenpolitik_node.html#doc346922bodyText3, accessed November 9, 2015

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BBC - British Broadcasting Corporation (October 28, 2015): India profile - Overview, http://www.bbc.co.uk/news/world-south-asia-12557384, accessed November 9, 2015

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Eurasisches Magazin (May 24, 2014): Where is the greatest democracy on earth going?

http://www.eurasischesmagazin.de/artikel/Indien-nach-den-Wahlen-eine-Analyse/14017, accessed on November 9, 2015

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GIZ - German Society for International Cooperation GmbH (11.2015): India,

http://liportal.giz.de/haben/geschichte-staat.html, accessed on November 9, 2015

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HRW - Human Rights Watch (January 29, 2015): World Report 2015 - India, http://www.ecoi.net/local_link/295494/430526_de.html, accessed November 9, 2015

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IHS - Jane's Sentinel Security (July 1, 2014): Jane's Sentinel Security Assessment - South Asia - executive summary, India

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South Asia Terrorism Portal (October 30, 2015): India Assessment - 2014, http://www.satp.org/satporgtp/countries/india/index.html, accessed November 9, 2015

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South Asia Terrorism Portal (October 30, 2015): Data Sheet - India Fatalities: 1994-2015,

http://www.satp.org/satporgtp/countries/india/database/indiafatalities.htm, accessed on November 9, 2015

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USDOS - US Department of State (June 25, 2015): Country Report on Human Rights Practices 2014 - India, http://www.ecoi.net/local_link/306292/443589_de.html, accessed November 9, 2015

3.1. Jammu and Kashmir

There is still considerable potential for unrest in the state of Jammu & Kashmir, where attacks by invading militants, the unresolved conflict between India and Pakistan over the region, the dissatisfaction of the predominantly Muslim Kashmiri population and the sometimes draconian special rights of Indian security forces create a climate of mistrust and fear (AA 10.2015 c).

Pakistan neither recognizes the accession of Jammu and Kashmir to the Indian Union in 1947 nor the de facto division of the region between the two states since the first war in the same year. India, on the other hand, takes the position that Jammu and Kashmir as belonging to India are not up for discussion (AA 10.2015c).

There were some high-level attacks on security forces and some members of the village councils were killed. In recent years, the two decades long uprising against Indian rule in Kashmir, supported by Pakistan, has weakened. It seems as if the insurgents are rearranging themselves and trying to revive militancy. Over the past decade, Delhi and Islamabad have worked on confidence-building measures by relaxing visa restrictions and allowing trade and small border traffic. A weekly bus service between Poonch and the Pakistani city of Rawalakot was also introduced (BBC 9/23/2013).

Militant groups in Jammu and Kashmir continue to fight against security forces, Kashmiri institutions and local politicians who they believe to be “governors” and “collaborators” of the Indian central government. Defectors to the government side and their families are particularly cruelly "punished". However, the number of terrorist incidents continues to decline (AA April 24, 2015).

There are reports of enforced disappearances by security forces in Kashmir, and many of the bereaved women are running campaigns within the framework of the APDP (Association of the Parents of Disappeared Persons) (BBC 12/11/2013).

Growing hopes in the bilateral relationship are repeatedly dashed by setbacks. The bilateral state secretary-level talks scheduled for August 2014 were canceled by India after the Pakistani ambassador met Kashmiri separatists in Delhi. On the sidelines of the SCO summit on July 10, 2015 in Ufa, PM Modi and his Pakistani counterpart Sharif agreed, among other things, to hold a round of talks on the subject of terrorism at the level of the national security advisors. The talks scheduled for August 24, 2015 in Delhi were confirmed by both sides, but had been canceled by Pakistan two days earlier due to differing views on the agenda and a planned meeting between the Pakistani security advisor and Kashmiri separatists (AA 10.2015c). Pakistani armed forces violated the ceasefire agreement 16 times in August 2014 alone. According to reports, however, insurgents were unable to cross the international border (FH January 28, 2015).

Swell:

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AA - Federal Foreign Office (April 24, 2015): Report on the asylum and deportation-relevant situation in the Republic of India

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AA - Foreign Office (10.2015c): India - Foreign Policy, http://www.auswaertiges-amt.de/DE/Aussenpolitik/Laender/Laenderinfos/Indien/Aussenpolitik_node.html#doc346922bodyText3, accessed November 9, 2015

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BBC - British Broadcasting Corporation (23.9.2013): Why the border in Kashmir is restive again,

http://www.bbc.co.uk/news/world-asia-india-24156275, accessed on November 9, 2015

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BBC - British Broadcasting Corporation (12/11/2013): In pictures:

Kashmir's 'half-widows',

http://www.bbc.co.uk/news/world-asia-india-24530201, accessed on November 9, 2015

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FH - Freedom House (January 28, 2015): Freedom in the World 2015 - Indian Kashmir, http://www.ecoi.net/local_link/310322/448267_de.html, accessed November 9, 2015

3.2. Naxalites

Bihar is a stronghold for rebels among several states in central and eastern India. The Maoist uprising that began in the eastern state of West Bengal in the late 1960s has spread to more than a third of India's more than 600 districts (BBC December 3, 2013).

Violent so-called social revolutionary Maoist groups ("Naxalites") currently represent the greatest domestic political challenge for the Indian government. They operate in large parts of eastern core India, especially in rural areas. In Chhattisgarh, Jharkhand, Bihar, Madhya Pradesh, West Bengal, Odisha and Andhra Pradesh, the Naxalites succeeded in establishing their own rulership structures in numerous districts. The Naxalites pursue a double strategy: on the one hand there is social engagement, job creation and the defense of the poor and weak, on the other hand brutal violence, guerrilla actions, intimidation and blackmail against real and supposed, including civilian opponents. Murder commands, especially against police units, are not uncommon (AA April 24, 2015).

In recent years, major military and police offensives have pushed the rebels back into their strongholds. Nonetheless, there are frequent attacks in which hundreds of people are killed every year (BBC December 3, 2013). In general, the Naxalite raids are from

1,415 in 2012 to 1,129 in 2013 and kills decreased from 415 to 394 over the same period; of the 394 deaths recorded nationwide, 115 were security forces and 279 civilians. Among the states affected, Jharkhand had the most frequent attacks in 2013 with 383 incidents and 150 deaths, a lower number compared to 2012. The state of Chhattisgarh was the second most affected by terrorist activities with a total of 353 incidents and 110 killings in 2013 . Bihar, which has recently caused concern to the central government for its anti-Naxalite stance, was the only state where extremism activity increased. With regard to the other states (Odisha, Maharashtra, Andhra Pradesh) that were affected by attacks by left-wing extremists, there were fewer incidents overall in 2013 than in the previous year (ToI January 27, 2014).

The state of Chhattisgarh is also marked by the armed conflict between the Maoists and the security forces. In order to contain the guerrilla movement, the government has deployed considerable paramilitary forces (AHRC 11.1.2014).

Swell:

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AA - Federal Foreign Office (April 24, 2015): Report on the asylum and deportation-relevant situation in the Republic of India

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AHRC - Asian Human Rights Commission (11.1.2014): Paramilitary Still Squats in Chhattisgarh Schools, http://www.humanrights.asia/news/ahrc-news/AHRC-STM-010-2014, accessed on November 9, 2015

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BBC (December 3, 2013) India Maoist attack kills six policemen in Bihar, http://www.bbc.co.uk/news/world-asia-india-25196625, accessed November 9, 2015

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ToI - Times of India (January 27, 2014): Naxalite violence down in 2013; Jharkhand saw most incidents,

http://timesofindia.indiatimes.com/india/Naxalite-violence-down-in-2013-Jharkhand-saw-most-incidents/articleshow/29431937.cms, accessed on November 9, 2015

4. Legal protection / justice

In India there is a constitutionally guaranteed, independent judiciary with three levels of authority (AA April 24, 2015). The law guarantees an independent judiciary, but corruption was widespread in the judiciary (USDOS 6/25/2015).

The courts conduct criminal proceedings with judicial independence. A generally discriminatory criminal prosecution or sentencing practice cannot be determined, but the lower levels in particular are not free from corruption. The former Chief Justice Katju had triggered a public controversy with a statement in autumn 2014 when he made corruption among the judges public and in one case also disclosed state influence on the appointment of a judge (AA April 24, 2015).

The judiciary continued to be overburdened and the backlog at the courts led to long delays or the withholding of case law (USDOS June 25, 2015). In August 2013, the Justice Minister announced that there were three positions in the Supreme Court and 275 positions in the high courts. Alarming was also the number of vacancies in the subordinate judiciary, with more than 3,700 positions to be filled. The Justice Minister attributed lengthy delays in the courts to the vacancies (USDOS 02/27/2014). An analysis by the Ministry of Justice revealed a vacancy of 34% of the judges at the higher courts on August 1, 2014 (USDOS June 25, 2015).

The very long duration of the procedure is very problematic. The standard duration of criminal proceedings (from the indictment to the judgment) is several years; in some cases, proceedings take up to ten years. Witness protection is also inadequate. As a result, witnesses in court often do not testify freely because they were bribed or threatened (AA April 24, 2015).

The judiciary is separate from the executive. Judges showed considerable dedication to handling public interest litigation. However, in recent years judges have also opened proceedings for improper conduct in court against activists and journalists who have taken action against corruption in the judiciary or who have questioned judgments. Corruption is reported to be widespread in the lower levels of the judiciary. Many citizens have difficulties enforcing the law through the courts (FH January 28, 2015). The system is heavily backlogged and understaffed. This often leads to prolonged pre-trial detention for many suspects, which often lasts longer than the actual sentence would be (FH January 28, 2015; see FH May 19, 2014). The establishment of various fast-track courts to deal with pending court cases led to the right to a fair trial not being observed in some cases (FH May 19, 2014).

Rule of law guarantees enshrined in the constitution (e.g. the right to a fair trial, Art. 21) are restricted by a number of security laws. These laws were tightened after the Mumbai terrorist attacks in November 2008; Among other things, the presumption of innocence was suspended for certain criminal offenses. Particularly in unrest areas, the security forces have extensive powers to combat secessionist and terrorist groups, which are often used excessively (AA April 24, 2015). Pretrial detention takes a long time. Except in the case of offenses threatened by the death penalty, the judge should order a detention review after half of the impending maximum sentence has expired and order a release on bail. However, with such an application, the person concerned accepts that the case will not be pursued for a long time. In the meantime, around 70% of all prisoners are remand prisoners, many because of minor offenses that lack the means to provide bail (AA April 24, 2015).

The criminal law provides for public negotiations, except in proceedings in which the statements may concern state secrets or state security. There is free legal advice for defendants in need, but in practice access to competent advice is often limited. All evidence brought against a defendant must be accessible to him and convictions must be published (USDOS 6/25/2015). The law allows defendants access to relevant government evidence in most civil and criminal cases, but the government reserves the right to withhold information, including in cases it deems sensitive. Defendants have the right to interview witnesses; underprivileged defendants sometimes do not enjoy this right due to a lack of proper legal representation. The court is obliged to issue judgments publicly and there are effective ways of appeal at almost all levels of the judiciary (USDOS 25.6.2015).

In rural India there are also informal council meetings, the decisions of which sometimes lead to violence against people who break social rules - especially women and relatives from the lower castes (FH January 28, 2015).

Swell:

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AA - Federal Foreign Office (April 24, 2015): Report on the asylum and deportation-relevant situation in the Republic of India

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FH - Freedom House (January 28, 2015): Freedom in the World 2015 - India, http://www.ecoi.net/local_link/296800/433144_de.html, accessed November 9, 2015

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FH - Freedom House (May 19, 2014): Freedom in the World 2014 - India, http://www.refworld.org/docid/5379d1d710.html, accessed on November 9, 2015

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USDOS - US Department of State (February 27, 2014): India, Country Report on Human Rights Practices 2013 - India, http://www.ecoi.net/local_link/270728/400811_de.html, accessed November 9, 2015

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USDOS - US Department of State (June 25, 2015): Country Report on Human Rights Practices 2014 - India, http://www.ecoi.net/local_link/306292/443589_de.html, accessed November 9, 2015

5. Security agencies

The police act on the basis of state police laws (AA April 24, 2015). The Indian Police Service is not a direct law enforcement or law enforcement agency. Rather, it acts as a training and recruiting agency for police officers in the states. With regard to the federal structures, the police are organized decentrally in the individual states. The individual units are organized on a decentralized basis, but in view of a national police law, numerous national criminal laws and the central recruiting office for executives described above, they have a number of things in common. In general, the police are entrusted with prosecuting, preventing and combating crime, and maintaining public order, while at the same time exercising partial control over the various secret services (BICC 6.2015). In addition, there are largely paramilitary units subordinate to the Ministry of the Interior (AA April 24, 2015).

The Indian military is subordinate to civil administration and has shown little interest in a political role in the past. The supreme command is incumbent on the President. According to their self-image, the army is the "protector of the nation", but only in a military sense (BICC 6.2015). The military can also be active domestically if this is necessary to maintain internal security (AA April 24, 2015; cf. BICC 6.2015), for example in the fight against armed insurgents, supporting the police and paramilitary units, as well as deploying Natural disasters (BICC 6/2015).

In addition to structural deficits, a lack of trust in the reliability of the police arises from frequent reports of human rights violations such as torture and extrajudicial killings and threats that were allegedly perpetrated by the police (BICC 6.2015; see USDOS 25.6.2015; see HRW 29.1 .2015). The police are accused of serious human rights violations such as extrajudicial killings, torture and rape (USDOS 25.6.2015). The police remain overburdened, underpaid and exposed to political pressure. Political demands to identify perpetrators as quickly as possible after terrorist attacks and rape often lead to illegal arrests (USDOS June 25, 2015).

The Special Frontier Force is subordinate to the Prime Minister's Office. The so-called border special forces are an elite unit that is deployed on sensitive sections of the border with China. There are also legal bases for the actions of the secret services, the so-called intelligence bureau (domestic secret service) and the research and analysis wing ("Research and Analysis Wing"). The Armed Forces Special Powers Act (AFSPA) is used as the legal basis for the deployment of armed forces - especially land forces - in unrest areas and against terrorists. The AFSPA gives the armed forces extensive powers to use lethal force, make arrests without a warrant, and search without a warrant. In their actions, those involved in the armed forces enjoy broad immunity from prosecution. The AFSPA comes into play after state governments declare their states or only parts of them to be "unrest areas" on the basis of the Disturbed Areas Act. The states of Jammu and Kashmir and the northeastern states of Arunachal Pradesh, Assam, Meghalaya, Manipur, Mizoram, Nagaland and Tripura are currently considered unrest areas (AA April 24, 2015 cf. USDOS June 25, 2015).

Terrorist attacks in previous years (December 2010 in Varanasi, July 2011

Mumbai, September 2011 New Delhi and Agra, April 2013 in Bangalore, May 2014 Chennai and December 2014 Bangalore) and in particular the attacks in Mumbai in November 2008 have put the government under pressure. Only a few of the attacks in recent years have been completely cleared up and the reform projects announced in response to these incidents to improve the Indian security architecture have not been implemented consistently. The "Unlawful Activities (Prevention) Act" (UAPA) has been tightened. The changes include an expanded definition of terrorism and, in cases related to terrorism, the possibility of extending pre-trial detention without charge from 90 to 180 days and simplified rules for proving the perpetrator of a defendant (which in fact come close to reversing the burden of proof) (AA April 24, 2015) .

There were continued reports of police rape of detainees.Some rape victims were afraid to come forward and report the crime because of the threat of social stigma and possible retaliation, especially if the perpetrator was a police officer or other official. The National Human Rights Commission (NHRC) has the mandate to investigate rape cases involving police officers. The NHRC is legally empowered to request information about members of the military and paramilitary forces, but has no client to investigate cases in which these units are involved (USDOS 6/25/2015).

Swell:

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AA - Federal Foreign Office (April 24, 2015): Report on the asylum and deportation-relevant situation in the Republic of India

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BICC - Bonn International Center for Conversion (6/2015):

Information service - security, armaments and development in recipient countries of German arms exports: Country information India,

http://ruestungsexport.info/uploads/pdf/countries/20157/haben.pdf, accessed on November 9, 2015

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HRW - Human Rights Watch (January 29, 2015): World Report 2015 - India, http://www.ecoi.net/local_link/295494/430526_de.html, accessed November 9, 2015

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USDOS - US Department of State (June 25, 2015): Country Report on Human Rights Practices 2014 - India, http://www.ecoi.net/local_link/306292/443589_de.html, accessed November 9, 2015

6. Torture and Inhuman Treatment

Torture is banned in India; Statements obtained as a result of torture are not permitted for use in court (AA April 24, 2015; see USDOS June 25, 2015). The law thus bans torture, but there are reports from NGOs that such practices are widespread, especially in conflict areas (USDOS 6/25/2015). The state persecutes torture. However, security forces repeatedly use torture during interrogation. Torture by police officers, the army and paramilitary units often goes unpunished because the victims do not know their rights, are intimidated or do not survive the torture (AA April 24, 2015). Promised police reforms are dragging on (HRW 01/29/2015).

According to human rights experts, the government continued to try to arrest people and to blame them for violations of the - repealed - Act on Combating Terrorism, Terrorist Acts and Destructive Acts. This law stated that confessions made in front of a police officer would be treated as admissible evidence in court (USDOS 6/25/2015).

Although India signed the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 1997, it has not yet ratified it (AA April 24, 2015). In addition, no changes to national legislation necessary for ratification have been introduced (BICC 6.2015). A national draft law to combat torture, which is a national requirement for ratification of the UN Anti-Torture Convention, was not passed by parliament (AA April 24, 2015).

According to reliable information from the "Asia Pacific Human Rights Network", torture is systematically used by the police as a means of questioning and extorting money or as a summary punishment of alleged perpetrators (AA April 24, 2015; cf. USDOS June 25, 2015); According to reliable assessments by NGOs, deaths of prisoners are related to the use of torture. Systematic torture continues to occur in interrogation centers in Jammu and Kashmir, according to credible, confidential estimates by the ICRC. Torture is also used in other parts of the country, especially in socially disadvantaged and populous countries such as Uttar Pradesh and Bihar. According to reliable information from Amnesty International, torture and ill-treatment in prisons are widespread (AA April 24, 2015).

The human rights situation in India varies greatly from region to region. While civil and human rights are largely respected by the government, the situation in regions where there are internal conflicts is sometimes very bad. This applies in particular to Jammu and Kashmir and the north-east of the country (BICC 6.2015; cf. AA April 24, 2015). The security forces, but also the non-state armed groups, be they separatist organizations or militias loyal to the government, are accused of massive human rights violations. The military and paramilitary units are charged with kidnapping, torture, rape, arbitrary arrests and extrajudicial executions. There are fears that the new, draconian anti-terrorist legislation will worsen the human rights situation and that these laws will be misused against political opponents (BICC 6/2015). Socially weak classes and women are particularly at risk (AA April 24, 2015).

Individuals - or NGOs on behalf of individuals or groups - can submit public interest litigation petitions to any high court or directly to the Supreme Court to seek legal redress for public violations. These complaints can be a violation of government duties by a government employee or a violation of constitutional provisions. NGOs very much appreciate these motions to hold government officials accountable to civil society organizations for corruption and partiality (USDOS June 25, 2015).

Swell:

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AA - Federal Foreign Office (April 24, 2015): Report on the asylum and deportation-relevant situation in the Republic of India

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BICC - Bonn International Center for Conversion (6/2015):

Information service - security, armaments and development in recipient countries of German arms exports: Country information India,

http://ruestungsexport.info/uploads/pdf/countries/20157/haben.pdf, accessed on November 9, 2015

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HRW - Human Rights Watch (January 29, 2015): World Report 2015 - India, http://www.ecoi.net/local_link/295494/430526_de.html, accessed November 9, 2015

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USDOS - US Department of State (June 25, 2015): Country Report on Human Rights Practices 2014 - India, http://www.ecoi.net/local_link/306292/443589_de.html, accessed November 9, 2015

7. Corruption

Corruption is widespread (USDOS 6/25/2015). India appears in the 2014 corruption index of Transparency International on place 85 (note: 2013 place 94) out of a total of 175 countries (TI 12.2014).

The fight against corruption was intensified through domestic and international pressure. Although politicians and officials are caught taking bribes every year, there are numerous cases of corruption that go unnoticed and go unpunished. National and international pressure has led to legal measures to combat corruption. After years of large-scale social mobilization by activists, Parliament passed the Lok Pal and Lokayuktas Law, which the President signed in January 2014. The law creates independent state bodies to which complaints about corrupt officials or politicians can be directed and which are empowered to investigate the complaints and prosecute convictions in court. At the federal level, this facility is called Lok Pal, and the law requires states to set up their own anti-corruption institutions, known as Lokayuktas, within a year. However, questions about enforcement remain open. Since 2008 at least 29 "right to information activists" have been murdered and 164 have been attacked or harassed (FH January 28, 2015).

The law provides penalties for corruption in the public service, but the government has not effectively implemented the law and, in practice, public officials often get away with corrupt practices. Corruption is present at all levels of government. The CBI (Central Bureau of Investigation) registered 583 cases of corruption during the investigation period [note: January to November]. The CBI operates a toll-free hotline - to record complaints - and a web portal to publish information (USDOS 25.6.2015).

NGOs report that bribes are commonly used to expedite legal proceedings, for police protection, for school enrollment, or access to water supplies or grants. Civil society organizations drew public attention to the issue of corruption throughout 2014 through public demonstrations and websites (USDOS June 25, 2015).

The government appointed Chief Vigilance Offifers to investigate public complaints and grievances in banking, insurance and other sectors serviced by private, public and corporate bodies. Parliament passed a law on ombudsman organization, Lok Pal, in December to investigate allegations of government corruption (USDOS 6/25/2015).

The lower areas of the judiciary are particularly affected by corruption and most citizens have difficulties obtaining justice through the courts (FH January 28, 2015). Many state-sponsored programs for poverty reduction and job creation suffered from corruption. (USDOS 6/25/2015).

A new helpline to help people deal with government bribery claims in the capital, Delhi, received more than 4,000 calls in the first few hours of its existence. The Anti-Corruption Helpline is an initiative of the new Aam Aadami (Common Citizens) Party (AAP), which governs Delhi with the support of the Congress Party. This helpline is available 14 hours a day and is intended to help fight everyday corruption (BBC 9/1/2014).

Swell:

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BBC - British Broadcasting Corporation (9/1/2014): India's Delhi government's anti-corruption helpline gets thousands of calls, http://www.bbc.co.uk/news/world-asia-india-25663763, accessed 11/9/2015

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FH - Freedom House (January 28, 2015): Freedom in the World 2015 - India, http://www.ecoi.net/local_link/296800/433144_de.html, accessed November 9, 2015

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TI - Transparency International (December 2014): Corruption Perceptions Index 2014, http://www.transparency.org/cpi2014/results, accessed November 9, 2015

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USDOS - US Department of State (June 25, 2015): Country Report on Human Rights Practices 2014 - India, http://www.ecoi.net/local_link/306292/443589_de.html, accessed November 9, 2015

8. Non-governmental organizations (NGOs)

Human rights organizations are generally free to operate, but they continue to face threats, legal harassment, excessive police violence and the occasional deadly violence. Although India has a strong civil society and academic community, foreign observers wishing to travel to the country to investigate human rights and other issues are sometimes denied visas. Under special circumstances, the Foreign Contributions Regulation Act (FCRA) allows the federal government to deny non-governmental organizations access to foreign funding. The government is accused of abusing this law to fight the political opposition (FH January 28, 2015; cf. HRW January 29, 2015). India has a strong NGO sector. Although there was no complete survey, it is estimated that around 25,000-30,000 NGOs are active in India (IJSS & IR 4.2013). The website NGOsIndia.com contains extensive further information on the numerous human rights organizations active in various areas and regions in India (NGOsIndia.com undated).

In addition to a large number of domestic and foreign human rights organizations, India also has a difficult to manage number of small, thematically and spatially limited initiatives. The sponsors are international organizations, foreign state and private donors, private individuals, companies and associations. In principle, human rights organizations can work freely, but are not infrequently exposed to subtle harassment from the authorities (delay or refusal of permits, frequent billing and financial reviews, slow processing or refusal to issue visas for foreign personnel) and also threats from the army or the police. The Indian government has in the past repeatedly refused entry to representatives of UN organizations, the ICRC and human rights activists, but in September 2011 issued a permanent invitation to the special rapporteurs for human rights. For some years now, public allegations have been made that foreign governments would specifically support such NGOs that stir up political unrest. At the same time, the so-called "Foreign Contribution Regulation Act" (FCRA) was tightened, according to which Indian organizations have to give a detailed account of contributions from abroad. A report by the Indian domestic secret service Intelligence Bureau (IB), which became known in mid-2014, accused some NGOs financed by foreign donors of taking targeted action against Indian national interests (AA April 24, 2015).

Swell:

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AA - Federal Foreign Office (April 24, 2015): Report on the asylum and deportation-relevant situation in the Republic of India

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FH - Freedom House (January 28, 2015): Freedom in the World 2015 - India, http://www.ecoi.net/local_link/296800/433144_de.html, accessed November 9, 2015

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HRW - Human Rights Watch (January 29, 2015): World Report 2015 - India, http://www.ecoi.net/local_link/295494/430526_de.html, accessed November 9, 2015

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IJSS & IR - International Journal of Social Science & Interdisciplinary Research (4.2013): The Emerging Role Of Ngos In Rural Development Of India: An Assessment, http://indianresearchjournals.com/pdf/IJSSIR/2013/April/4.pdf, Accessed November 9, 2015

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NGOsIndia.com (undated): Online Database and Resources of Indian NGOs, NPOs, VOs, Funding Resources and Date, http://www.ngosindia.com/, accessed on November 9, 2015

9. Ombudsman

The National Human Rights Commission is an independent and impartial investigative and advisory body. It has the mandate to deal with human rights violations or failures to prevent human rights violations by public employees, to intervene in legal proceedings, to deal with allegations of human rights violations, and to deal with all kinds of factors (including acts of terrorism) that violate human rights examine. It is directly accountable to Parliament and works closely with the Ministry of the Interior and the Ministry of Justice. She has the opportunity to invite witnesses, create documentation and request public reports. It also recommends adequate compensation in the form of compensation for families of those killed or injured, but it cannot enforce its recommendations or investigate allegations against military or paramilitary personnel. She has generally worked independently, but there have been allegations by human rights groups about her financial reliance on the government and the policy of not investigating cases older than a year. They further criticize the fact that not all complaints are registered, cases are arbitrarily dismissed, cases are not thoroughly investigated and complaints are directed back to the alleged infringer, and that the complainants are not adequately protected. The Human Rights Commission reported that by July 2014 it had received 10,320 cases of which 11,229 had been processed and in total

36,544 old and new cases are being processed (USDOS 6/25/2015).

Twenty-three states have their own human rights commissions that conduct independent investigations but work under the National Human Rights Commission. The chair was vacant in seven states. Human rights groups suspected that the human rights commissions were restricted in their activities by local politics (USDOS 25.6.2015). According to the Working Group on Human Rights in India and the United Nations, 14,231 people died in police custody between 2001 and 2010 and around 1.8 million people are victims of police torture each year. This is probably an underestimation, as these are only the cases registered with the National Human Rights Commission (NHRC) (FH January 28, 2015).

The government has appointed chief vigilance officers to investigate public grievances and grievances in the banking, insurance, and other sectors served by private, public, and corporate bodies. Parliament passed a law in December 2014 that established an ombudsman organization known as Lok Pal to investigate allegations of government corruption (USDOS 6/25/2015).

Swell:

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FH - Freedom House (January 28, 2015): Freedom in the World 2015 - India, http://www.ecoi.net/local_link/296800/433144_de.html, accessed November 9, 2015

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USDOS - US Department of State (June 25, 2015): Country Report on Human Rights Practices 2014 - India, http://www.ecoi.net/local_link/306292/443589_de.html, accessed on November 2, 2015

10. Military service and desertion

India maintains a professional army. There are no known cases of forced recruitment. The minimum age to join the army is 16 years of age. According to Section 38 of the "Army Act" of 1950 and the corresponding "Navy Act" and "Air Force Act", desertion, attempted desertion and aiding and abetting are punishable by long prison sentences or the death penalty, depending on the severity of the case (AA April 24, 2015). You can volunteer for military service between the ages of 16 and 18 (CIA October 28, 2015).

Swell:

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AA - Federal Foreign Office (April 24, 2015): Report on the asylum and deportation-relevant situation in the Republic of India

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CIA - Central intelligence Agency (28.10.2015): The World Factbook- India,

https://www.cia.gov/library/publications/the-world-factbook/geos/in.html, accessed on November 9, 2015

11. General human rights situation

The human rights situation in India varies greatly from region to region (BICC 6/2015). Essential fundamental rights are guaranteed in the Indian constitution. However, a number of security laws limit the rule of law guarantees (AA April 24, 2015). While civil and human rights are largely respected by the government, the situation in regions where there are internal conflicts is sometimes very bad. This is particularly true of Jammu and Kashmir and the northeast of the country. The security forces, but also the non-state armed groups, be they separatist organizations or militias loyal to the government, are accused of massive human rights violations. The military and paramilitary units are charged with kidnapping, torture, rape, arbitrary arrests and extrajudicial executions. There are fears that the new, draconian anti-terrorist legislation will worsen the human rights situation and that these laws will be misused against political opponents. Women, members of ethnic and religious minorities and lower castes are systematically discriminated against. The security forces have been accused of partiality, particularly over the tension between Hindus and Muslims, which resulted in thousands of deaths in 2002. The mood is fueled by Hindu nationalist parties, which are also represented in the government (BICC 6.2015).

The authorities continue to violate citizens' privacy. In some states, the law restricts religious conversion and there have been reports of arrests but no convictions under that law. Some restrictions on freedom of movement persist (USDOS 6/25/2015).

In October 1993 the National Human Rights Commission (NHRC) was established. Its statutes include the protection of the 1993 Human Rights Act. The commission embodies India's concern for the protection of human rights. It is independent and was established by an implementing law of the parliament. The NHRC has the power of a civil court (NHRC o. D.). The NHRC recommends that the Criminal Investigation Bureau investigate all murders in which the alleged suspects were killed during their indictment, arrest, or attempted escape. Many states have not followed this non-binding advice and conducted internal audits at the discretion of their managers. The NHRC guidelines direct state governments to report all police deaths to the NHRC within 48 hours, but many state governments did not adhere to these guidelines. The NHRC directed the state government to provide financial compensation to the families of victims, but state governments did not consistently comply with these guidelines. The security forces did not have to report deaths while in custody to the NHRC (USDOS 6/25/2015).

The constitutional and legal order contain guarantees for basic human rights and freedoms. The implementation of these constitutional goals is not fully guaranteed (AA April 24, 2015). Rule of law guarantees enshrined in the constitution (e.g. the right to a fair trial) are restricted by a number of security laws. These laws were tightened after the Mumbai terrorist attacks in November 2008; Among other things, the presumption of innocence was suspended for certain criminal offenses. Particularly in unrest areas, the security forces have extensive powers to combat secessionist and terrorist groups, which are often used excessively (AA April 24, 2015).

Twenty-three of the 29 states have human rights commissions that conduct independent investigations but work under the National Human Rights Commission. In seven states the position of chairman remained vacant. Human rights groups suspected that the human rights commissions were restricted in their activities by local politics (USDOS 25.6.2015).

Some human rights organizations alleged that legal and institutional weaknesses hampered the work of the NHRC. While the NHRC has the authority to investigate and investigate complaints, or to require the federal government to publish a report, it does not have the power to enforce inquiries, initiate criminal prosecutions, or order interim compensation, nor is it able to independently commit human rights violations by the armed forces to pursue. Human rights organizations criticized the NHRC's financial dependence on the government and its policy of not investigating violations that are more than a year old. They alleged that the NHRC did not register all violations, failed to thoroughly investigate cases, returned complaints to the alleged perpetrator and did not adequately protect complainants (USDOS 6/25/2015).

The NHRC worked together with various NGOs. The NGOs also had several representations on several NHRC committees. Human rights monitors in Jammu and Kashmir were able to document human rights violations, but they were hindered or harassed in their work by security forces, the police and insurgents (USDOS June 25, 2015).

Swell:

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AA - Federal Foreign Office (April 24, 2015): Report on the asylum and deportation-relevant situation in the Republic of India

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BICC - Bonn International Center for Conversion (6/2015):

Information service - security, armaments and development in recipient countries of German arms exports: Country information India,

http://ruestungsexport.info/uploads/pdf/countries/20157/haben.pdf, accessed on November 9, 2015

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NHRC - The National Human Rights Commission India (undated): The National Human Rights Commission India, http://www.nhrc.nic.in/Documents/Publications/NHRCindia.pdf, accessed on November 9, 2015