India
2008 Key Data
Mine Ban Treaty status |
Not a State Party |
---|---|
Stockpile |
Unknown; estimated 4–5 million |
Contamination |
Antipersonnel and antivehicle mines, IEDs |
Estimated area of contamination |
Unknown |
Casualties in 2008 |
33 (2007: 170) |
Estimated mine/ERW survivors |
Unknown but estimated 1,903 |
Demining in 2008 |
Not reported |
Risk education recipients in 2008 |
Unknown |
Ten-Year Summary
The Republic of India continues to view antipersonnel mines as legitimate weapons necessary for use on its borders. India has abstained from voting on every pro-ban UN General Assembly resolution since 1997. India planted large numbers of mines along its border with Pakistan between December 2001 and July 2002 during an escalation of tensions. India is one of the world’s few remaining mine producers. In 2007, India reported that it had converted a large existing stockpile of M14 antipersonnel mines to make them detectable in accord with Amended Protocol II of the Convention on Conventions Weapons. India has had an export moratorium in place since 1996.
The Indian Army has taken responsibility for demining but has not reported on the extent or results of its operations. Despite official statements that clearance of the heavily mined border with Pakistan has been completed, media reports indicate extensive residual contamination.
Between 1999 and 2008, Landmine Monitor identified 2,931 casualties in India from mines/explosive remnants of war (ERW)/improvised explosive devices (IEDs) (1,028 killed and 1,903 injured). However, India lacks effective or systematic data collection of mine/ERW/IED incidents. There has been some risk education (RE) by the Indian Army, the Indian Red Cross Society, and various civil society actors, but there has never been a systematic RE policy framework or program in India. The Indian government claims survivors are provided with compensation, employment, and assistance, but survivors struggle to access healthcare and rehabilitation services, which are often urban-based and overwhelmed. Compensation is not provided systematically and often not at all. In 2008, the government tried to improve employment opportunities for persons with disabilities, but discrimination continued to be widespread.
Mine Ban Policy
India has not acceded to the Mine Ban Treaty. In October 2008, India again asserted, “Landmines continue to play an important role in the defence of the states that have long land borders with difficult and inhospitable terrains.” At the same time, it stated, “India will also continue to pursue the objective of a non-discriminatory, universal and global ban on anti-personnel mines in the manner that addresses the legitimate defence requirements of states.”[1]
On 2 December 2008, India abstained from voting on UN General Assembly Resolution 63/42 calling for universalization and full implementation of the Mine Ban Treaty, as it has on similar annual resolutions since 1997. In explaining its vote, India said it “supports the vision of a world free of the threat of anti-personnel mines” and noted that the “availability of militarily effective alternative technologies that can perform, cost-effectively, the legitimate defensive role of anti-personnel landmines will considerably facilitate the goal of the complete elimination of anti-personnel mines.”[2]
India sent an observer to the Ninth Meeting of States Parties to the Mine Ban Treaty in November 2008 in Geneva.[3] It detailed the “measures and steps taken by [India that] underline its commitment to the humanitarian ideals” of the Mine Ban Treaty.[4] It also attended the May 2009 intersessional Standing Committee meetings, but did not make a statement.
India is party to the Convention on Conventional Weapons (CCW), its Amended Protocol II on landmines, and Protocol V on Explosive Remnants of War. It submitted its annual Article 13 report for Amended Protocol II,[5] and two Protocol V Article 10 reports.[6]
India has not signed the Convention on Cluster Munitions.[7]
On 18 March 2009, the Control Arms Foundation of India, in collaboration with the Centre for International Politics, Organisation and Disarmament at Jawaharlal Nehru University, organized a “Disarmament as Humanitarian Action: Commemorative Conference on 10 Years of Entry Into Force of the Mine Ban Treaty and Other Disarmament Treaties.” The conference brought together campaigners, scholars, students, researchers, lawyers, diplomats, and other representatives from government to share knowledge, raise issues, and determine ways to persuade the government of India to accede to the Mine Ban Treaty. In a presentation at the event, retired Major-General Nilendra Kumar stated that “a number of senior officers who had been mine victims have risen to the top positions in the Army…. It is a matter of regret that despite this, the military top brass has not really accepted that landmines do not offer any significant military advantage.”[8]
In January 2009, a public demonstration in Srinagar against mine use in Kashmir called on India and Pakistan to join the Mine Ban Treaty.[9] In February 2009, an International People’s Tribunal on Human Rights and Justice in Kashmir, which held hearings in Indian-administered Kashmir in 2008 and early 2009, issued a memorandum on its findings to Jammu and Kashmir Chief Minister Omar Abdullah. Among the findings was that “the placement of landmines along the border and other sensitive areas in Jammu and Kashmir continues to endanger lives, including those of children. While the Government of India is not a signatory to the [Mine Ban Treaty], and has continued to justify landmine use in Jammu and Kashmir, we ask that the Government of Jammu and Kashmir institute a comprehensive ban on the use of landmines. We ask that an audit be conducted to ascertain the impact of landmines on local communities, to determine the extent of casualties, devastation, and displacement, and undertake rehabilitation of those affected and de-mining.” Upon receipt of the memorandum on 11 February 2009, Chief Minister Omar Abdullah made a public statement saying that he would consider the memorandum at the highest level, and would invite the International People’s Tribunal for further discussions.[10]
Production, transfer, and stockpiling
India is one of the few countries still producing antipersonnel mines. India claims that all production is vested with government agencies.[11] In response to a Right to Information Act (RTI) request, the Ministry of Defence confirmed that active production of landmines took place between 1 January 2007 and 31 December 2008. Five mine types were produced during that period, including two types of antipersonnel mines (AP NM-14 and AP NM-16) and two types of antivehicle mines (AT ND 1A and AT ND 4D), as well as the APER 1B mine.[12] Landmine Monitor is not familiar with the APER IB mine, presumably an antipersonnel mine. It does not appear in standard reference works on mine types, and has not, to our knowledge, been referred to publicly by India before. The Ministry of Defence declined to answer an RTI request regarding how many mines were manufactured during this period.[13]
The Ministry of Defence said that no landmines produced by Ordnance Factories were exported during the period.[14] India has had a formal export moratorium of unlimited duration in place since 3 May 1996. It has stated that it favors an outright ban on transfer of antipersonnel mines even to States Parties of CCW Amended Protocol II.[15] However, five Mine Ban Treaty States Parties have reported Indian-made mines in their stockpiles: Bangladesh, Bhutan, Mauritius, Sudan, and Tanzania. India has previously denied that any transfer of landmines to these countries took place.[16]
In 1999, Landmine Monitor estimated that India stockpiled between four and five million antipersonnel mines, one of the world’s largest stockpiles.[17] India has neither confirmed nor denied this estimate. In March 2008, Brigadier Vijai Sharma, Deputy Director of the Directorate of Military Operations, stated that India does not possess mines which can detonate due to the presence of mine detectors and does not possess—nor is it designing—any mine with antihandling characteristics.[18]
Use
In April 2008, a senior Indian official repeated the assertion that, “There is no minefield or mined area in any part of India’s interiors,” but acknowledged that “minefields are laid, if required, along the border areas as part of military operations.”[19] He said that the infiltration of Kashmiri militants across the Line of Control (LoC) between Pakistani and Indian-administered sections of Kashmir is the main rationale for mines laid along the LoC, as well as the international border.[20] Similarly, in October 2007, Ministry of Defence spokesperson Colonel A. K. Mathur in Srinagar, Jammu and Kashmir, reportedly stated that mines are laid there only by the army to halt infiltration of militants, but not by the militants themselves.[21]
Indian government representatives have often stated that India does not use mines for “counter-insurgency or counter terrorist operations or for maintenance of law and order or internal security situations.”[22] However, this does not appear to apply to counter-insurgency operations in Kashmir, where mines have been laid in the Kashmir valley.[23] In March 2009, two civilians were reportedly injured by antipersonnel mines near army posts. In one case, the Superintendent of Police in Handwara reportedly said the mine was planted “around OP post of 33 RR Camp in 84–85 forest compartment of Magam,” explaining that the army has laid mines around army posts to prevent militant attacks. An Army 15 Corps spokesperson reportedly said the Handwara incident was being investigated to determine if the army or non-state armed groups (NSAG) had mined the area.[24]
India’s last major use of antipersonnel mines took place between December 2001 and July 2002, when the Indian Army deployed an estimated two million mines along its 2,880km northern and western border with Pakistan in Operation Parakram.[25] This was probably the most extensive use of antipersonnel mines anywhere in the world since the Mine Ban Treaty was negotiated and first signed in 1997.
Non-State Armed Groups
On 4 March 2009, the Zomi Re-unification Organisation (ZRO) renounced mine use by signing Geneva Call’s Deed of Commitment. Geneva Call stated that the ZRO began to destroy its stockpiles and clear the mines that it had laid after commencing dialogue with Geneva Call in 2008, and that the ZRO completed these tasks prior to signing the Deed of Commitment. In its statement to Geneva Call, ZRO President Thanglianpau stated, “I am proud that as an armed revolutionary movement, we have prioritised humanitarian issues, and consider this a major step forward and hope it will serve as an example to others.”[26] The ZRO had not previously been identified as a mine user by Landmine Monitor.In October 2007, the United Jihad Council, a coalition of 18 militant organizations in Kashmir, issued a Declaration of a Total Ban on Antipersonnel Mines in Kashmir.[27] In August 2006, the Kuki National Organization in Manipur pledged not to use antipersonnel mines by signing Geneva Call’s Deed of Commitment, as did the National Socialist Council of Nagalim-Isak/Muivah (NSCN-IM) in Nagaland in October 2003.[28]
In March 2009, two women and a teenage girl were injured by what appears to have been a victim-activated IED while they were tilling land near an NSCN-IM military camp at Shikavi village near Dimapur.[29] NSCN-IM denied having laid the device and told Geneva Call that it believes “enemies” placed the device in its territory with the intention of discrediting the NSCN-IM.[30]
The Communist Party of India-Maoist (CPI-M) and its armed wing, the People’s Liberation Guerrilla Army, have continued to use command-detonated IEDs.[31] While these were frequently reported as “landmines” in the media and specialized reports on the conflict, Landmine Monitor could not identify any incidents clearly involving victim-activated mines or explosive devices. CPI-M IEDs have caused civilian casualties.[32] In 2008, Human Rights Watch reported that the CPI-M recruits children for manufacture and deployment of landmines and IEDs.[33]
Kashmiri insurgents continued to use command-detonated IEDs, with some resulting in civilian casualties.[34] Again, these were often reported as “landmines” in the media, but Landmine Monitor could not identify any incidents clearly involving victim-activated mines or explosive devices. A June 2008 Indian government report on IED use by militant organizations states that Maoist and Kashmiri groups both use command-detonated devices.[35]
In February 2009, security forces reportedly discovered three pressure-activated IEDs in two locations while on patrols in Khangtun and Old Changpol in Samtal, Chandel district, Manipur.[36] The area is known to be a United National Liberation Front stronghold.
In December 2008, security forces reportedly recovered 15 antipersonnel mines, among other weapons, from a camp of the Kanglei Yawol Kanna Lup, an armed group operating in Manipur.[37] This group was not previously known to possess antipersonnel mines.
In January 2009, security forces reportedly recovered four unidentified mines among other weapons from a camp of the Karbi Longri North Cachar Hills Liberation Front, an armed group operating in Assam.[38] In February 2009, security forces reportedly recovered one unidentified mine among other weapons from surrendering militants of the National Liberation Front of Tripura and its associate Borok National Council of Tripura, armed groups operating in Tripura.[39] Neither group was previously known to possess mines of any type.
Media continued reporting seizures of mines, mostly unidentified, by authorities in different parts of India, including Jammu and Kashmir[40] and Andhra Pradesh.[41]
Scope of the Problem
Contamination
India is contaminated with mines, mainly as a result of mine-laying by government forces on and near the northwestern border with Pakistan during the 2001–2002 stand-off between the two countries. Antipersonnel and antivehicle mines were laid on cultivated land and pasture, and around infrastructure and a number of villages.[42] India also contends with increased use of IEDs and mines by non-state armed groups in other parts of the country (see Use section above).[43] The extent of India’s ERW problem is not known.
In its Amended Protocol II Article 13 report submitted in November 2005, India claimed that it had concluded mine clearance operations along its northern and western borders and all arable land had been cleared and returned to its owners, except land required “for operational purposes.”[44] Defence Minister A. K. Anthony repeated the claim in March 2008.[45]
India’s Engineer-in-Chief’s Staff Directorate reported in 2009 that “all mines laid during Operation Parakaram were recovered/cleared (99.32%) by 2006.” It stated that the very few stretches where demining was not possible “due to terrain conditions” were fenced in accordance with UN protocols. The Staff Directorate also indicated some clearance of these mined areas had continued (see Demining and battle area clearance section below).[46]
Unofficial estimates cited in the Indian media, however, put the area still contaminated in 2007 at 160km2 of Jammu and 1,730km2 of Kashmir.[47] An army officer interviewed in 2009 said no official assessment has been made of the extent of remaining contamination but that such estimates could still be correct.[48] Military authorities acknowledge that areas prone to infiltration by militants are still mined but say the areas are clearly marked. However, they also say heavy rainfall, snow, mudslides, and avalanches can cause mines to move.[49]
According to some reports, as much as 280km2 was mined along the LoC during Operation Parakram, which directly affected more than 6,000 families across 21 villages.[50] Although substantial border areas have been returned to civilian owners, other sources say some sections of the LoC in Jammu and Kashmir remain heavily mined.[51] The Uri sector of Baramulla district, for instance, is said to have remained mined and fenced along the LoC since 1990. In the Karna sector of Kupwara district, mines were laid through villages cut in half by the LoC. Kupwara district was heavily affected by the 8 October 2005 earthquake, and authorities are said to fear that mines planted in the area were displaced as a result.[52]
An army officer stated in April 2008 that demining was underway, and that most of the areas in Jammu and Kashmir have been demined and handed over to the farmers.[53] However, a field visit by Landmine Monitor to Khari village in Poonch district in May 2009 found that mines planted in 1965 had not been removed and were located only 100m from one resident’s house.[54]
Minefields also reportedly remain from the 1962 war with China along the Tankso valley to Spangmik road in the vicinity of Pangong Tso Lake in the Himalayas.[55] Mine contamination in Sikkim, a landlocked Indian state in the Himalayas, was acknowledged in 2008 by a government ministry for the first time. Mines in remote areas were reported to have caused casualties among wildlife, including yak, Tibetan sheep, and Tibetan wolves.[56] Civil society organizations also report continuing casualties from landmines in Manipur, bordering Myanmar.[57]
An explosion at an Indian Army ammunition storage area in Khundru, south Kashmir, in August 2007 was reported to have killed six people and left 25 people missing.[58] Media quoted a senior army officer as saying that UXO had affected an area of 225km2.[59] A little over a year later, Indian media cited authorities in South Kashmir as saying the army had reported clearing 60% of rice fields in affected areas but residents were still reluctant to return to their land.[60]
Casualties
Landmine Monitor identified 33 casualties (12 killed and 21 injured) of mines, ERW, and victim-activated IEDs in 2008. Antipersonnel mines caused the most casualties (13), followed by ERW (nine), IEDs (five), and other mines (five). One casualty resulted from an unknown device. The majority of casualties (24) were civilians and nine were security forces. The largest number of casualties were adult men (14), followed by adult women (5), girls (5), and boys (4); the gender of five casualties was unknown. The most common activities at the time of the incident were handling a device (10), security and patrolling (7), gardening (3), and collecting wood and water (3). Most casualties occurred in Jammu and Kashmir (20), followed by Manipur (12).
The 33 casualties in 2008 represent a decrease from the number identified in 2007 (170 casualties: 41 killed and 129 injured) and 2006 (107 casualties: 41 killed and 66 injured). Due to the lack of a systematic data collection system, however, this should not be considered indicative of a trend.[61]
The cumulative number of casualties in India is not known. Between 1999 and 2008, Landmine Monitor has identified 2,931 mine/ERW/IED casualties in India (1,028 killed and 1,903 injured). A 2003–2004 survey by the Indian Institute for Peace, Disarmament and Environmental Protection (IIPDEP) identified some 1,295 civilian casualties (325 killed and 970 injured) in Rajasthan, Punjab, and Jammu and Kashmir.[62] A 2008 study in Poonch district estimated that more than 700 people were disabled by mines in the last 10 years.[63]
The Sinlung Indigenous Peoples Human Rights Organisation reported a total of 47 landmine casualties (22 killed and 25 injured) between 2001 and 2008 in Chandel and Churachandpur districts of Manipur. The casualties included 31 males, 16 females, and three whose gender was unidentified. A casualty list compiled by the Army headquarters in Manipur and obtained by the Indian Institute for Peace, Disarmament and Environmental Protection showed 52 civilian casualties in 2004–2006, including 16 killed.[64]
India’s 2001 Census and 2002 National Sample Survey estimated that persons with disabilities made up 2% of the population;[65] alternative estimates suggest it could be as high as 4% to 8%.[66]
Casualties occurred at a higher rate in 2009, with 45 casualties (15 killed and 30 injured) as of 13 June.
Risk profile
People living in the conflict-affected states of Jammu and Kashmir, Manipur, Punjab, and Rajasthan, are particularly at risk from mines, ERW, and IEDs. Adult men and security forces are most at risk.
Socio-economic impact
In addition to causing casualties, inhabitants state that mines prevent cultivation of large areas of agricultural land and harm livestock. The speaker of Jammu and Kashmir’s legislative assembly said in 2007 that more than 6,000 families and some 3,500 acres (14km2) of agricultural land in his constituency alone are mine-affected.[67] Disruption to livelihoods as a result of the Khundru ammunition storage area explosion prompted south Kashmir authorities to distribute food rations to the population in affected areas.[68]
Program Management and Coordination
Mine action
India has no civilian mine action program and no structured mechanism to address the problems from mines and ERW.[69] Its international point of contact for clearance activities is the Disarmament and International Security Affairs Division within the Ministry of External Affairs. The Director-General of Military Operations decides on mine clearance after receiving assessment reports from the command headquarters of the respective districts where mine clearance is needed.[70]
Victim assistance
There is no systematic policy framework for the management, implementation, or coordination of RE or victim assistance (VA) in India. The Ministry of Social Justice and Empowerment’s Disability Division is responsible for coordinating the education and welfare of persons with disabilities.[71] The ministry’s disability Central Coordination Committee (CCC) is a coordination body of NGOs and governmental agencies working on disability issues.[72] The Rehabilitation Council of India regulates and monitors services for persons with disabilities.[73] The Office of the Chief Commissioner for Persons with Disabilities investigates claims of mistreatment of persons with disabilities.[74]
Data collection and management
India has no mine/ERW/IED casualty data collection system. Landmine Monitor monitors casualties reported in the media, but under-reporting is likely given the remoteness and insecurity of the areas where casualties occur.
India collects information on persons with disabilities through its census and National Sample Surveys.[75] In 2008, India launched a National Disability Register. Persons with disabilities can register for certification of their disability to become eligible for services. The register will also be used for data collection and as a source of reference. The government’s disability web portal has an online form to facilitate registration, but the form does not distinguish between disabilities that occur “by accident” and mine/ERW/IED incidents.[76]
Demining and Battle Area Clearance
The Army Corps of Engineers is responsible for clearing mines as well as IEDs placed by non-state armed groups.[77] Media reports indicate police also play an active part in clearing mines and IEDs in states dealing with insurgency.[78]
The Engineer-in-Chief’s Staff Directorate reported that few LoC minefields had been demined between the start of 2007 and the end of 2008 but the army had recovered and destroyed 927 mines, of which 524 were antivehicle mines and 403 were antipersonnel mines.[79]
In November 2007, the army reportedly deployed three tanks in the Chhamb area of the LoC to act as demining machines, with operations said to be due to last four to five months.[80] An army source interviewed by Landmine Monitor in May 2009 said that the Chhamb sector had been cleared, primarily because the flat terrain made demining possible. An army official interviewed in Jammu and Kashmir was unaware of plans for any further demining operations in the Kashmir valley, citing the difficulties of demining in the hilly terrain.[81]
Indian Army units have sustained heavy casualties in the course of demining operations, notably since the start of mine-laying on the Pakistan border in December 2001. Minister of Defence A. K. Anthony reported in March 2008 that 61 people had been killed and 292 injured in the course of demining operations.[82]
Risk Education
In 2008, India asserted that, “Information on mines laid along border areas is disseminated among the civilian population of the area and the media” and that minefields were fenced and well marked.[83] In March 2008, the Indian Army organized workshops in remote areas of Poonch district for schoolchildren on how to identify explosive devices and take safety measures to save their lives.[84]
In March 2009, however, the Coalition of Civil Society claimed marking and fencing of minefields in Kashmir was inadequate.[85] Landmine Monitor field research in Jammu and Kashmir found that while the army was disseminating some information on mines, ERW, and IEDs, no efforts were made to coordinate activities with the Ministry of Education.[86]
The ICRC and Indian Red Cross Society (IRCS) state that since they were unaware of any landmine casualties in Jammu and Kashmir, they were not undertaking any RE efforts there. They had not included RE in their earlier program activities in Rajasthan and Punjab. The ICRC did not have precise figures of the number of landmine casualties in Jammu and Kashmir, and confirmed that the organization was not permitted to enter the border areas of Jammu and Kashmir where most mine incidents were understood to occur.[87]
Since at least 2000, the police, military, and other security forces have engaged in some information dissemination, particularly in conflict-affected regions such as Jammu and Kashmir. They provided information on the presence of minefields, precautions to be taken when encountering mines/ERW/IEDs, and how to report them to authorities.[88]
The most concerted effort at RE has been led by the IRCS in Rajasthan and Punjab since 2003. With technical support from the ICRC, IRCS volunteers collected information, briefed the media, trained trainers, delivered basic safety messages, and held workshops.[89] While some efforts were made by the IRCS to provide RE in Jammu, plans to expand the program to Jammu and Kashmir were never realized.[90] The other main player has been IIPDEP, which has raised awareness since 1999, particularly through workshops from 2003 to 2007.[91]
Victim Assistance
The total number of survivors is unknown, but is estimated to be 1,903. At the Ninth Meeting of States Parties in November 2008, India asserted that, “Concerted efforts have been made to rehabilitate casualties…by providing monetary compensation, employment and assistance.”[92] However, India does not have specific VA policies or activities and survivors generally receive the same care as other persons with physical disabilities.
Emergency and continuing healthcare is provided by the public sector, along with the private and non-profit sectors. State hospitals in urban areas have the capacity to treat mine/ERW/IED survivors, but such services are not available in rural areas, where many incidents occur.[93]
India’s health system is reportedly “overwhelmed” by high levels of disease, underinvestment, and a large population.[94] In May 2008, Time magazine said that “India’s economic boom has had, so far at least, little impact on health standards.” It quoted Indian Prime Minister Manmohan Singh as admitting that public health spending was “seriously lagging behind other developing countries in Asia.”[95]
The Ministry of Social Justice and Empowerment continued to provide rehabilitation services to rural areas through 16 district centers. The government plans to expand rehabilitation services to 400 districts, but, according to the United States Department of State, “The impact of government programs was limited due to the concentration of funding provided to a few organizations,” generally in urban areas.[96] This made rehabilitation difficult to access for mine/ERW survivors living in remote areas, particularly in Jammu and Kashmir.[97]
Through its Special Fund for the Disabled (SFD), the ICRC continued to support the prosthetic and orthotic services and training for the Christian Medical College in Vellore, and for Mobility India in Bangalore. Through the two centers, in 2008 the ICRC funded the provision of 559 prostheses and 111 orthoses to 424 persons with disabilities, identified through community-based rehabilitation programs. The ICRC also supported two teachers from each center to attend a seminar on prosthetics and orthotics at the Vietnamese Training Centre for Orthopaedic Technologists (VIETCOT).[98]
Through its Physical Rehabilitation Program and in partnership with the IRCS, the ICRC continued to support two artificial limb centers in Jammu and Srinagar, which produced 76 prostheses (17% of them for mine survivors), 95 orthoses (17% of them for mine survivors), and distributed 20 pairs of crutches and 19 wheelchairs. The ICRC provided mentoring and training and funded two staff from the hospital to study prosthetics and orthotics at the Mobility India center.[99] The IRCS also ran a rehabilitation center at the Government Medical College in Jammu.[100]
The Composite Regional Center in Jammu is located near mine-affected areas and provides free services and prosthetics. In 2007–2008, it distributed 54 prostheses and 235 orthoses and provided rehabilitation services to 1,988 people in “outreach camps” in the community.[101]
In Srinagar, the Sultan-ul-Arifeen Artiļ¬cial Limb Centre continued to provide Jaipur limb prostheses. Jaipur limbs are produced by Bhagwan Mahaveer Viklang Sahayata Samiti, which in 2007–2008 produced more than 20,000 artificial limbs.[102] The parastatal ALIMCO (Artificial Limbs Manufacturing Corporation of India), also produced artificial limbs and has established Limb Fitting Centres around the country. It claims to provide limbs and components to a million persons with disabilities in India every year.[103]
Disability and Development Partners (until 2005 the Jaipur Limb Campaign UK) continued to support a variety of disability projects in partnership with Mobility India in Bangalore, including rehabilitation services, an accessible taxi service, educational opportunities, training, and research.[104]
In June 2008, the Indian Army’s 5/5 Gorkha Rifles, under the banner of the Army Wives Welfare Association (AWWA), hosted a rehabilitation camp in the Uri sector of the Kashmir valley to help people to help disabled survivors. Some 45 wheelchairs, 53 crutches, 40 hearing aids, and 59 walking sticks were distributed.[105]
In March 2009, Indian media reported on the efforts of Jagbir Singh Sudan, a local school principal and philanthropist in Poonch, whose trust has reportedly provided 3,000 mine survivors with artificial limbs. The trust is named after his father, Pritam Singh, who was a World War II amputee.[106]
A variety of rehabilitation and vocational services are available to disabled Indian military personnel. The Queen Mary’s Technical Institute (QMTI), in Range Hill, Pune, provides vocational training. The Paraplegic Rehabilitation Centres in Kirkee and Mohali provide rehabilitation to disabled military veterans. The Red Cross Home in Bangalore is a home for disabled former soldiers and also provides rehabilitation.[107]
The Indian government claims that mine survivors and families of those killed by mines are compensated.[108] A brigadier in the Indian Army posted to Jammu and Kashmir told Landmine Monitor that “India has a system of compensation in place which has matured over a period of time and is quite responsive…All cases of compensation to mine victims are dealt with on priority.”[109] In March 2008, India’s Ministry of Defence reported that 353 civilian mine casualties had received compensation.[110] Implementation of compensation appeared unsystematic, however, with the media reporting some casualties (or their families) receiving compensation between Rs10,000 (US$230) and 300,000 ($6,900).[111] Others reportedly received no compensation at all.[112] In meetings with 21 mine survivors in Poonch in 2009, Landmine Monitor found that none of them had been compensated. Indeed, field research revealed that, partly due to the long bureaucratic claims process, no compensation had been given in Poonch for four years.[113] Survivors in Poonch confirmed that they received a pension of Rs300 ($7) every six months, but said that they are not compensated for the long distances they must travel to claim it.[114]
Psychosocial support for survivors is lacking, particularly in Kashmir, where the mental health system is reportedly strained by the ongoing conflict.[115] On 27 February 2009 in Sri Ganganagar, Rajasthan, 128 mine survivors marched to raise awareness of their difficulties and call on the Indian government to ban landmines. They also presented a petition to local officials asking for physical and economic rehabilitation support.[116]
In 2008 and early 2009, the Indian government announced a variety of policy initiatives aimed at increasing economic opportunities for persons with disabilities. In July 2008, the government created a program providing incentives to companies employing persons with disabilities.[117] In October 2008, the government announced an effort to provide 100,000 persons with disabilities with jobs.[118] In June 2009, Indian railways reported it would hire more than 4,000 persons with disabilities.[119] Indian law requires that 3% of all public sector jobs and educational opportunities be reserved for persons with disabilities, but in reality they comprise only 0.44% of public sector employees and 1% of students.[120] The National Handicapped Finance and Development Corporation offers loans for persons with disabilities.[121]
India’s Persons with Disabilities Act protects equal rights for persons with disabilities. However, the law’s provision making implementation dependent on the government’s “economic capacity” reportedly weakened its effect. Discrimination against persons with disabilities was reportedly “widespread.”[122] Buildings and transport are rarely accessible, although in July 2008, the government pledged to make accessibility improvements at India’s universities.[123] While a variety of NGOs and associations for persons with disabilities lobby for better policies for persons with disabilities, mine/ERW survivors are often not included in such efforts as they live in remote and conflict-affected regions.[124]
The Indian government continued to maintain a detailed National Interactive Web Portal on Disability, with news, services directories, and useful information for persons with disabilities.[125]
India ratified the UN Convention on the Rights of Persons with Disabilities on 1 October 2007; it entered into force in May 2008. As of 1 July 2009, India had not signed its Optional Protocol.
Support for Mine Action
India did not report on national funding for its own mine action programs in 2008 or 2007. India reported providing training to Cambodian army demining personnel in 2008 under an agreement to provide annual training to Cambodia. India also reported providing demining equipment to the Cambodian army in September 2008.[126]
[1] Statement by Arjun Charan Sethi, Member of Parliament, First Committee of the 63rd Session of the UN General Assembly, New York, 21 October 2008.
[2] India’s Explanation of Vote on A/C.1/63/L.6, 29 October 2008. The explanation came after the vote on the resolution in the First Committee.
[3] Since the First Review Conference in 2004, India has sent an observer to every Meeting of States Parties, and every intersessional Standing Committee meeting.
[4] Statement by Prabhat Kumar, Counselor, Permanent Mission of India to the Conference on Disarmament, Ninth Meeting of States Parties, Geneva, 24 November 2008.
[5] India submitted a CCW Amended Protocol II Article 13 report summary sheet covering the period September 2007 to September 2008 which is unchanged from the previous year with the exception of some contact information.
[6] India submitted its initial Protocol V Article 10 report covering the period 1 January 2007 to 31 May 2008, and a second Article 10 report on 6 April 2009 covering the period of 1 June 2008 to 31 March 2009. In both reports, India states that Articles 3, 4, 5, 6, and 7 are not applicable to India because they pertain to future wars and because no contamination from ERW exists in India.
[7] For further details on its cluster munitions policy, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice, Mines Action Canada, May 2009, pp. 208–210.
[8] Conference Summary (unpublished), made available to Landmine Monitor by the Control Arms Foundation of India, 24 June 2009. Maj.-Gen. Nilendra Kumar was Judge Advocate General of the Indian Army at the time of his retirement in November 2008.
[9] Showkat A. Motta, “India-Pakistan urged to sign treaties on landmines,” Kashmir Watch, 16 January 2009, www.kashmirwatch.com.
[10] ICBL, “People’s Tribunal Requests Jammu & Kashmir Government to Determine the Impact of Landmines on Local Communities,” Press release, 23 April 2009, www.icbl.org.
[11] CCW Amended Protocol II Article 13 Report, Form D, 4 December 2006. However, as reported by Landmine Monitor in 2007, some of the production process appears to be carried out by commercial entities. See Landmine Monitor Report 2007, p. 833.
[12] Email reply to RTI request, made by Control Arms Foundation of India on behalf of Landmine Monitor, from Saurabh Kumar, Director, Planning and Coordination, Department of Defence Production, Ministry of Defence, 2 April 2009. This is the first time India has provided information on landmines through the RTI.
[13] The Ministry of Defence said, “Disclosure of such information may prejudicially affect the sovereignty, integrity and security of the country and hence this information is exempted from disclosure u/s 8(1) (a) of the RTI Act 2005.” Email reply to RTI request from Saurabh Kumar, Ministry of Defence, 2 April 2009.
[14] Email reply to RTI request from Ministry of Defence, 2 April 2009.
[15] Statement by Amb. Jayant Prasad, Eighth Annual Conference of States Parties to CCW Amended Protocol II, Geneva, 6 November 2006.
[16] See Landmine Monitor Report 2005, p. 715.
[17] See Landmine Monitor Report 1999, p. 467. The figure may no longer be accurate following the large number of mines planted along the Pakistani border in 2001 and 2002, or in light of new production of mines.
[18] Control Arms Foundation of India, “Conference on the Indispensability of Anti-Personnel Mines for India’s Defence: Myth or Reality?” Conference report, New Delhi, 26 March 2008, p. 75.
[19] Statement by Brig. S.M. Mahajan, Director of Military Affairs, Ministry of External Affairs, Fifth National Conference of the Indian Campaign to Ban Landmines (Indian CBL), New Delhi, 23–24 April 2008. This has been stated frequently in the past. See Landmine Monitor Report 2007, p. 834; Landmine Monitor Report 2006, p. 898; and Landmine Monitor Report 2005, p. 716.
[20] Ibid. An army official, who requested anonymity, made the same statement in an interview with Landmine Monitor in New Delhi on 18 February 2008.
[21] Riyaz Wani, “Hizbul chief says no more mines, Army says militants only use IEDs,” Indian Express, 18 October 2007, www.indianexpress.com.
[22] Statement by Prabhat Kumar, Permanent Mission of India to the Conference on Disarmament, Ninth Meeting of States Parties, Geneva, 24 November 2008. See also, Landmine Monitor Report 2008, pp. 846–847; Landmine Monitor Report 2007, p. 834; Landmine Monitor Report 2006, p. 898; and Landmine Monitor Report 2005, p. 716.
[23] See Landmine Monitor Report 2007, p. 834; and Landmine Monitor Report 2006, p. 898.
[24] Wasim Khalid, “Army landmines pose risk to locals,” The Rising Kashmir (Srinagar), 4 March 2009, www.risingkashmir.com.
[25] Operation Parakram was the massive build-up ordered in the wake of the terrorist attack on Parliament House on 13 December 2001. See Landmine Monitor Report 2006, p. 898; Landmine Monitor Report 2004, pp. 976–977; and Landmine Monitor Report 2002, pp. 660–662.
[26] Geneva Call, “The Zomi Re-unification Organisation commits to the ban on anti-personnel mines,” Press release, 4 March 2009, www.genevacall.org. The ZRO did not provide information to Geneva Call on the number of mines it cleared. It stated it destroyed 300–320 stockpiled mines, but did not specify their type or method of destruction. Email from Nicolas Florquin, Program Officer, Geneva Call, 22 June 2009.
[27] See Landmine Monitor Report 2008, p. 847.
[28] See Landmine Monitor Report 2007, pp. 834–835.
[29] “3 women sustain injuries in Nagaland landmine blast,” Indopia (Kohima), 10 March 2009, www.indopia.in.
[30] Email from Nicolas Florquin, Geneva Call, 22 June 2009; and email from Anne-Kathrin Glatz, Program Officer, Geneva Call, 10 August 2009.
[31] The Communist Party of India-Maoist and a few other smaller groups are often referred to collectively as Naxalites. The Maoists also have a People’s Militia with part-time combatants with minimal training and unsophisticated weapons.
[32] Asian Centre for Human Rights, “India Human Rights Report 2009,” 29 May 2009, p. 203; and “Three killed in landmine explosion in West Bengal,” Press Trust of India (Kolkata), 22 October 2008, www.hindu.com.
[33] Human Rights Watch, “Dangerous Duty: Children and the Chhattisgarh Conflict,” 5 September 2008, p. 21.
[34] Anubhav Misri, “Minor among 5 people killed, 9 wounded in landmine blast,” News Agency of Kashmir, 24 April 2009, naknews.co.in.
[35] Government of India, Second Administrative Reform Commission, “8th Report: Combating Terrorism, Protecting the righteousness,” June 2008, p.26.
[36] “IED Recovered,” Imphal Free Press, 27 February 2009, ifp.co.in.
[37] “Gun battle at Loktak: UG hideout at Loktak destroyed in operation; assorted arms and ammunitions recovered,” E-PAO.NET (Imphal), 31 December 2008, www.e-pao.net.
[38] Institute for Conflict Management, South Asian Terrorism Portal, News section, “Karbi Longri North Cachar Hills Liberation Front (KLNLF),” satp.org.
[39] “118 Tripura militants surrender, deposit huge cache of arms,” Daily Excelsior (Agartala), 16 February 2009, www.dailyexcelsior.com.
[40] “Militant hideout busted in J&K,” Press Trust of India (Jammu), 17 September 2008, www.hindu.com; “Two ultras killed in encounter, one arrested,” Press Trust of India (Srinagar), 27 July 2008, www.hindustantimes.com; and “Militant hideout busted in J-K,” Press Trust of India (Srinagar), 12 April 2009, www.hindustantimes.com.
[41] “Arms, ammunition recovered,” The Hindu (Warangal), 13 March 2009, www.hindu.com; “Six arms dumps unearthed,” The Hindu (Warangal), 31 December 2008, www.hindu.com; and “Maoist dump recovered,” The Hindu (Visakhapatnam), 15 August 2008, www.hindu.com.
[42] The army reports the following numbers of mines seized in Jammu and Kashmir: 386 in 2000; 264 in 2001; 111 in 2002; 163 in 2003; 71 in 2004; 69 in 2005; and 59 in 2006 (to 30 April). See Landmine Monitor Report 2007, p. 837.
[43] Information from villagers attending Landmine Survivors Association meetings in Sri Ganganagar in September 2005, and Youth Leadership Education and Action Training Program Workshops on 26–28 December 2005. See Landmine Monitor Report 2004, p. 978.
[44] CCW Amended Protocol II Article 13 Report, Form B, 23 November 2005.
[45] “Ex-gratia sanctioned for 353 landmine casualties: Antony,” Webindia123.com (New Delhi), 17 March 2008, news.webindia123.com.
[46] Fax to Control Arms Foundation of India from Engineer-in-Chief’s Branch, Engineer Staff Directorate, 27 July 2009.
[47] “Kashmir in a death trap of landmines,” Mangalorean (New Delhi/Srinagar), 25 June 2007, mangalorean.com.
[48] Interview with army officer on condition of anonymity, Jammu and Kashmir, 14 May 2009.
[49] Landmine Monitor interviews in Baramulla and Kupwara districts, Jammu and Kashmir, March 2006.
[50] Tejinder Singh Sodhi, “Demining of Chhamb fields begins,” The Tribune (Gigrial), 8 November 2007, www.tribuneindia.com.
[51] See Landmine Monitor Report 2007, p. 837.
[52] Comments by a retired senior military officer, Indian National Seminar on Small Arms and Light Weapons, Allahabad University, 27 February 2006. Notes by Landmine Monitor. The officer was involved in Operation Parakram and the subsequent clearance operations.
[53] See Landmine Monitor Report 2008, p. 850.
[54] Interviews with residents in Khari village, Poonch district, 15 May 2009.
[55] Information provided to Landmine Monitor on condition of anonymity, New Delhi, 20 October 2007.
[56] Envis Centre Sikkim on Ecotourism, “Eco-destination of India: Sikkim Chapter,” p. 44, undated, scstsenvis.nic.in.
[57] Email from Anne-Kathrin Glatz, Geneva Call, 10 August 2009.
[58] “Six dead after army deport fire,” IOL (Srinagar), 13 August 2007, www.int.iol.co.za.
[59] Arif Shafi Wani, “6 months to clear Khundru: Army,” GreaterKashmir Online (Awantipora), 13 August 2007, www.greaterkashmir.com.
[60] “60 pc fields cleared in Khundru but residents hesitant to go back,” Kashmir Times, 15 September 2007, www.kashmirtimes.com.
[61] See Landmine Monitor Report 2008, pp. 851–852; and Landmine Monitor Report 2007, p. 840.
[62] See Landmine Monitor Report 2005, p. 722.
[63] “Landmines cause disability to over 700 people in IHK,” Kashmir Media Service (Srinagar), 15 March 2009, www.kmsnews.org.
[64] Email from Anne-Kathrin Glatz, Geneva Call, 10 August 2009.
[65] “Census Data on Disability,” Punarbhava, 2008, punarbhava.in; and “NSSO Report, Disabled Persons in India,” Punarbhava, 2008, punarbhava.in. See also Landmine Monitor Report 2008, p. 851.
[66] See Landmine Monitor Report 2008, p. 852.
[67] “Kashmir in death trap of landmines,” Mangalorean (New Delhi/Srinagar), 25 June 2007, mangalorean.com.
[68] Athar Parvaiz, “60 pc fields cleared in Khundru but residents hesitant to go back,” Kashmir Times (Srinagar), 14 September 2007, www.kashmirtimes.com.
[69] Interview with army officer speaking on condition of anonymity, New Delhi, 18 February 2008.
[70] Ibid, 30 March 2008.
[71] Disability India Information Resources, “Useful Information,” 2007, www.disabilityindia.com.
[72] Ministry of Social Justice and Empowerment, “List of Members of Central Coordination Committee (CCC),” undated, socialjustice.nic.in.
[73] Disability India Information Resources, “Useful Information,” 2007, www.disabilityindia.com; and Rehabilitation Council of India, “Rehabilitation Council of India,” 2004, www.rehabcouncil.nic.in.
[74] Disability India Information Resources, Useful Information,” 2007, www.disablityindia.com
[75] See Landmine Monitor Report 2008, p. 852.
[76] “Disability Registration/ Enrolment Form,” Punarbhava, 2008, punarbhava.in.
[77] Article 13, Form B, 6 November 2006.
[78] See Landmine Monitor Report 2007, p. 838; and see also, for example, “Landmine Blast injures three jawans,” Statesmen News Service (Malkangiri), 11 December 2007, naxalwatch.blogspot.com.
[79] Fax to Control Arms Foundation of India from Engineer-in-Chief’s Branch, Engineer Staff Directorate, 27 July 2009.
[80] Tejinder Singh Sodhi, “Demining of Chhamb fields begins,” Tribune News Services (Gigrial), 8 November 2007, www.tribuneindia.com.
[81] Interview with army officer requesting anonymity, Jammu and Kashmir, 12 May 2009
[82] “Ex-gratia sanctioned for 353 landmine casualties: Antony,” Webindia123.com (New Delhi), 17 March 2008, news.webindia123.com.
[83] Statement by Prabhat Kumar, Permanent Mission of India to the Conference on Disarmament, Ninth Meeting of States Parties, Geneva, 24–28 November 2008.
[84] “School children being trained to identify IEDs,” Alternative News Network (Jammu), 24 March 2008, www.annonline.in.
[85] “Landmines in IHK posing threat to human, livestock,” Kashmir Media Service (Srinagar), 5 March 2009, www.kmsnews.org; and Wasim Khalid, “Army landmines pose risk to locals,” The Daily Rising Kashmir, 4 March 2009, www.risingkashmir.com.
[86] Information provided by the army and local civilians. Landmine Monitor observations during field mission, Jammu and Kashmir, 11–16 May 2009.
[87] Interview with Charlotte Harford, ICRC Delegation in India, Srinagar, 14 May 2009; and email from Krisztina Huszti Orban, Legal Attaché, Arms Unit, Legal Division, ICRC, 12 August 2009.
[88] See Landmine Monitor Report 2004, p. 980; Landmine Monitor Report 2005, p. 721; Landmine Monitor Report 2006, p. 902; Landmine Monitor Report 2007, p. 839; and Landmine Monitor Report 2008, p. 853.
[89] See Landmine Monitor Report 2004, p. 980; Landmine Monitor Report 2005, p. 721.
[90] See Landmine Monitor Report 2008, p. 853.
[91] See Landmine Monitor Report 2003, p. 594; Landmine Monitor Report 2004, p. 980; Landmine Monitor Report 2005, p. 721; Landmine Monitor Report 2006, p. 902; and Landmine Monitor Report 2007, p. 839.
[92] Statement by Prabhat Kumar, Permanent Mission of India to the Conference on Disarmament, Ninth Meeting of States Parties, Geneva, 24–28 November 2008.
[93] See Landmine Monitor Report 2008, p. 854.
[94] “Lessons from a frugal innovator,” The Economist, 16 April 2009, www.economist.com.
[95] Simon Robinson, “India’s Medical Emergency,” Time, 1 May 2008, www.time.com.
[96] US Department of State, “2008 Country Reports on Human Rights Practices: India,” Washington, DC, 25 February 2009. A listing of District Disability Rehabilitation Centres is available here: “District Disability Rehabilitation Centres,” Punarbhava, 2008, punarbhava.in.
[97] ICRC, “Physical Rehabilitation Programme: Annual Report 2008,” Geneva, 7 May 2009, p. 40.
[98] ICRC Special Fund for the Disabled, “Annual Report,” Geneva, April 2009, p. 39.
[99] ICRC, “Physical Rehabilitation Programme: Annual Report 2008,” Geneva, 7 May 2009, p. 40; and email from Krisztina Huszti Orban, ICRC, 12 August 2009.
[100] ICRC, “2008 Annual Report,” Geneva, May 2009, p. 234.
[101] Composite Regional Center, “Annual Report, 2007–2008,” 2008, www.crcsrinagar.com. Neither further information nor a breakdown of 2007 and 2008 separately were available.
[102] Bhagwan Mahaveer Viklang Sahayata Samiti, “Jaipur Foot/Limb and Calipers,” 2008, www.jaipurfoot.org. Information for 2008 specifically was not available.
[103] ALIMCO, “ALIMCO,” www.artlimbs.com.
[104] Disability and Development Partners, “Mobility India,” undated, www.ddpweb.org.
[105] Bilal Butt, “Indian Army host camp for landmine blasts victims,” 19 June 2008, Asian News International, www.thaindian.com.
[106]Pawan Bali, “This real hero provides limbs to landmine blast victims,” IBN Live, 10 March 2009, ibnlive.in.com.
[107] Indian Army, “Rehabilitation of Disabled Soldiers,” www.indianarmy.gov.in.
[108] Statement by Prabhat Kumar, Permanent Mission of India to the Conference on Disarmament, Ninth Meeting of States Parties, Geneva, 24–28 November 2008.
[109] Responses to Landmine Monitor questionnaire provided on condition of anonymity by a brigadier in the Indian Army posted to Jammu and Kashmir, 20 March 2009.
[110] See Landmine Monitor Report 2008, p. 852.
[111] “J&K seeks central package of Rs 140-cr,” February 5, 2008, Kashmir Times, epaper.kashmirtimes.com; “Civilian driver killed, four BSF jawans hurt in blast,” 9 April 2009, Times of India (Daltonganj), www.timesofindia.indiatimes.com; “Chief secy announces compensation for kin of Belpahari victims,” Express News Service (Kolkata), 23 October 2008, www.expressindia.com; and “Orissa CM meets relatives of Maoist attack victims,” 21 July 2008, AndhraNews.net (Malkangiri), www.andhranews.net.
[112] “Landmines cause disability to over 700 people in IHK,” Kashmir Media Service (Srinagar), 15 March 2009, www.kmsnews.org; and “Family of slain Odisha cop forgotten,” Kalinga Times (Kendrapara), 24 July 2008, www.kalingatimes.com.
[113] Landmine Monitor interviews with mine survivors in Poonch, 15 May 2009.
[114] Ibid.
[115] Kashif-ul-Huda, “Psychological impact of violence on Kashmiris,” News Agency of Kashmir, 13 November 2008, naknews.co.in.
[116] “Making a difference on the ground in India,” Aiming for Prevention News (Rajasthan), February 2009, www.ippnw.org; and email from Dr. Balkrishna Kurvey, Coordinator, Indian CBL, 13 February 2009.
[117] “Scheme for Providing Employment to PWDs in the Private Sector,” Punarbhava, 2008, punarbhava.in; and US Department of State, “2008 Country Reports on Human Rights Practices: India,” Washington, DC, 25 February 2009.
[118] “Jobs for 100,000 disabled people in India, says minister,” newKerala.com (New Delhi), 17 October 2008, www.newkerala.com; and Ministry of Social Justice and Empowerment, “Incentives to employers in the private sector for providing employment to the persons with disabilities,” 26 February 2008, socialjustice.nic.in.
[119] “Railways decide to recruit disabled people,” Disability News India (Patna), June 2009, www.disabilityindia.com.
[120] US Department of State, “2008 Country Reports on Human Rights Practices: India,” Washington, DC, 25 February 2009.
[121] Disability India Information Resources, “Useful Information,” 2007, www.disabilityindia.com; and National Handicapped Finance and Development Corporation, India, “Empowering Persons with Disabilities,” 6 April 2009, www.nhfdc.org.
[122] US Department of State, “2008 Country Reports on Human Rights Practices: India,” Washington, DC, 25 February 2009.
[123] Ibid.
[124] Email from Medha Bisht, Researcher, Landmine Monitor, 4 June 2009.
[125] See Punarbhava, 2008, punarbhava.in; and Disability India Information Resources, “Disability India Information Resources,” 2009, www.disabilityindia.com.
[126] Statement by Prabhat Kumar, Permanent Mission of India to the Conference on Disarmament, Ninth Meeting of States Parties, Geneva, 24 November 2008.