Key developments since May 2003: India reported that as of 30
September 2003, over 90 percent of the mines it laid n the border with Pakistan
in 2001 and 2002 had been recovered. The National Socialist Council of
Nagaland, a Non-State Actor in Northeast India, signed the Geneva Call
“Deed of Commitment” banning antipersonnel mines in October 2003.
In 2003, there were at least 99 new civilian landmine casualties in the border
districts of Rajasthan, Punjab and Jammu.
Key developments since 1999: India laid large numbers of mines along
its border with Pakistan between December 2001 and July 2002, in one of the
biggest mine-laying operations anywhere in the world in years. There have been
numerous reports of civilian casualties, raising concerns about the
effectiveness of the measures taken to protect civilians. The Indian Army
started major mine clearance operations in October 2002 and reported that as of
30 September 2003, over 90 percent of the mines had been recovered. Previously,
India said it cleared 8,000 mines planted by intruders during the 1999 conflict
in the Kargil area of Kashmir.
India has for the first time designed a remotely-delivered antipersonnel mine
system for trial evaluation and prototype production. It has also designed for
production a detectable version of its hand-laid, non-metallic M14 mine. India
is making its large existing stockpile of M14 antipersonnel mines detectable.
India has had an export moratorium in place since 1996.
India ratified CCW Amended Protocol II on 2 September 1999. An Indian
Ambassador chaired the key Main Committee One during the Second CCW Review
Conference in 2001 and subsequently chaired the Group of Governmental Experts
considering the issues of explosive remnants of war and antivehicle mines.
The Indian Institute for Peace, Disarmament & Environmental Protection
started collecting data on civilian landmine casualties in the border districts
of Rajasthan, Punjab and Jammu in December 2002; it has collected data on more
than 700 civilians killed or injured by landmines with some injuries dating back
to the 1965 India-Pakistan war.
Mine Ban Policy
India has not acceded to the Mine Ban Treaty. The government position on
antipersonnel mines remains unchanged. At the Fifth Annual Conference of States
Parties to Amended Protocol II of the Convention on Conventional Weapons (CCW)
in November 2003, Ambassador Rakesh Sood stated:
India remains committed to the pursuit of the ultimate objective of a
non-discriminatory, universal and global ban on anti-personnel mines in a manner
that addresses the legitimate defense requirements of states. India believes
that the process of complete elimination of anti-personnel mines will be
facilitated by the availability of appropriate militarily effective, non-lethal
and cost effective alterative technologies. This will enable the legitimate
defensive role of anti-personnel landmines for operational requirements to be
addressed, thereby furthering our
objective.[1]
India has in the past called for a complete prohibition of the use of
landmines, except in international armed conflicts, and has also said that use
of antipersonnel landmines should only be permitted for the long-term defense of
borders.[2]
Although India voted in favor of the 1996 United Nations General Assembly
(UNGA) Resolution urging states to vigorously pursue an international agreement
banning antipersonnel mines, it has abstained from voting on every annual
pro-Mine Ban Treaty UNGA resolution since then, including UNGA Resolution 58/53
on 8 December 2003. India attended the Ottawa Process meetings and the treaty
negotiations in 1997, but only as an observer. India has not attended any of
the annual meetings of the States Parties to the Mine Ban Treaty, or any of
intersessional meetings.
India ratified the CCW’s Amended Protocol II on 2 September 1999.
India participated in the Fifth Annual Conference of the States Parties to
Amended Protocol II in November 2003 and submitted its annual report as required
by Article 13. India’s Ambassador Rakesh Sood served as chair of the key
Main Committee One during the Second CCW Review Conference in 2001 and he
subsequently chaired the Group of Governmental Experts considering the issues of
explosive remnants of war and antivehicle mines.
On 17 October 2003, the National Socialist Council of Nagaland, the oldest
and most influential armed opposition group in Northeast India, signed the
Geneva Call “Deed of Commitment” banning antipersonnel mines.
Production, Stockpiling and Transfer
India is one of the world’s fifteen remaining producers of
antipersonnel mines. All production is vested with government agencies, and
there is no manufacture in the private
sector.[3] India in the past
produced two types of antipersonnel mines: AP M16A1 bounding fragmentation mines
and low-metal-content (non-detectable) AP NM M14 blast mines, both copies of US
mines. India has declared that, in accordance with its obligations under
Amended Protocol II, no low-metal-content mines have been produced since January
1997.[4]
India has also stated that it will produce new antipersonnel mines that meet
Amended Protocol II standards, apparently both a detectable version of the
hand-emplaced M14 mine and a newly designed remotely-delivered mine with a
self-destruct mechanism. India’s October 2000 Article 13 report states,
“As regards new production of APLs, a detectable version of the existing
mines is being designed. An RDM (Remotely Delivered Mine) System for APLs with
the requisite SD/SDA [Self-destruction/Self-deactivation] mechanism has been
designed. Prototype production and trial evaluation will
follow.”[5] The
production of a remotely-delivered mine system is notable in that India has not
previously had RDMs, and in the past suggested banning such
mines.[6]
India has declined to reveal the number of antipersonnel mines in its
national stockpile. Since 1999, Landmine Monitor has estimated that India holds
between four and five million antipersonnel mines, the sixth largest stockpile
in the world.[7] India has
neither confirmed nor denied the estimate. The figure may no longer be accurate
following the large number of landmines—possibly millions—planted
along the Pakistan border in 2001 and 2002, or in light of new production of
mines. The great majority of mines in the stockpile are believed to be the
Indian M14 mines.
India has indicated that it will modify all of the low-metal-content M14
mines to be compliant with CCW Amended Protocol II. In December 2002, India
reported that it “has completed the design, development and necessary
trial of detectable anti-personnel mines affixed with 8 grams of
iron.”[8] In October
2003, it further reported, “All necessary technical issues have been
resolved and requisite financial support has also been obtained to carry out the
said modifications. A program has been evolved and disseminated to ensure that
implementation is completed well before the stipulated period, as per provisions
laid down in the Amended Protocol
II.”[9]
India maintains that it has never exported or imported antipersonnel mines.
It has had a comprehensive export moratorium in place since 3 May 1996.
India’s most recent Article 13 Report states, “India has a formal
moratorium, of unlimited duration, prohibiting export of landmines and favors an
outright ban on transfer of mines even to States Parties to the Protocol. The
above reduce the difficulties associated with the task of regulating the
production and use of
landmines.”[10]
However, it would appear that exports did occur prior to 1996. Antipersonnel
mines of Indian origin have been declared by Mine Ban Treaty States Parties in
their Article 7 transparency reports. These include: Bangladesh (3,480 M14
low-metal-content blast mines), Mauritius (93 M14 low-metal-content blast mines,
Lot Number 45-8B0CZ-85), and Tanzania (48 M16 bounding fragmentation mines and
1,729 unidentified blast mines, Lot Number
BP33-9/72IMI).[11]
Many armed Non-State Actors in India have manufactured improvised explosive
devices (IEDs), and there have been some reports of NSAs maintaining stocks of
factory-produced mines.
Use
Following the attack on Parliament on 13 December 2001, the Indian Army began
deploying antipersonnel and antivehicle mines along the 1,800-mile northern and
western border with Pakistan; mine-laying reportedly ceased after July
2002.[12] This was apparently
one of the biggest mine-laying operations anywhere in the world in many years.
The exact number of landmines emplaced is not known. In a meeting with Nobel
Peace Laureate Jody Williams, ICBL Government Relations Officer Sylvie Brigot,
and two Indian landmine survivors, Ambassador Sood, according to Ms. Williams
and Ms. Brigot, indicated “millions” of mines were laid by Indian
forces.[13] Asked to verify
this, an Indian official present in the meeting said that Ambassador Sood
remarked, “Given the length of the international boundary, a large number
of mines were indeed laid by the Indian
forces.”[14] Ambassador
Sood also remarked that the “mine-laying by Indian forces was undertaken
in full compliance with the obligations under the Amended Protocol II of the
CCW.”[15]
The minefields extended as far as six to eight kilometers from the
border.[16] Mines were planted
in cultivated and uncultivated land and around villages in defensive positions.
The ICBL has raised concerns about whether this massive mine-laying operation
was carried out in compliance with India’s obligations under CCW Amended
Protocol II. The large number of civilian casualties resulting from the newly
planted mines calls into question whether India has met the requirement to
provide effective exclusion of civilians from areas containing
non-remotely-delivered antipersonnel mines. In addition, India has neither
confirmed nor denied whether it used low-metal-content M14 mines from its
stockpiles. Amended Protocol II prohibits use of this mine without the addition
of extra metal content. As noted above, India appears to be in the early stages
of both modifying existing stocks of M14s by adding metal, and producing a new,
detectable version of the M14.
Asked to respond to the ICBL’s concerns, India stated:
“Minefields were laid, recorded and marked in consonance with
well-established Standard Operating Procedures and in conformity with Amended
Protocol II. In addition, all village headmen were personally informed about
the location of the minefields in order to insure that local inhabitants were
adequately sensitized. Mine awareness programs were also conducted at the
sub-district/village level. All efforts were made to ensure that the markings
remained visible, legible, durable and resistant to environmental
effects.”[17]
The mine-laying operation was characterized by numerous deaths and injuries
to Indian forces. A total of 145 Army personnel were killed or injured in the
first three months alone. This high accident rate during mine-laying has been
attributed to “adverse climatic and terrain conditions like night laying,
dense fog” and “mines and fuzes held in inventory for a long
period.”[18]
In the past, India used mines in its three wars with Pakistan in 1947-48,
1965 and 1971. It also used mines in its war with China in 1962. India states
that it “has never resorted to the use of mines for maintenance of law and
order or in internal security situations. Despite the grave provocations by the
use of improvised explosive devices by terrorists groups, Indian armed forces
have exercised restraint and refrained from using landmines except as a part of
military
operations.”[19]
Use by Non-State Actors
There continue to be numerous reports of armed Non-State Actors (NSAs) using
improvised explosive devices, and sometimes landmines. For example, there have
been reported incidents of landmine use by both the National Democratic Front of
Bodoland (NDFB) and United Liberation Front of Assam (ULEF) in
Assam.[20] In a major
collaborative strike in Belpahari, suspected Naxalites of the People’s War
Group and the Maoist Communist Center allegedly laid mines that killed eight
security personnel.[21] In May
2003, an Indian Army operation against militants in Kashmir recovered
antipersonnel mines.[22]
In recent years, Landmine Monitor has reported Non-State Actors using
antipersonnel mines, antivehicle mines, and improvised explosive devices in
Jammu and Kashmir, Central India, and Northeast India. In Jammu and Kashmir at
least five militant groups have used landmines and IEDs: Hizbul Mujahideen,
Harkat-ul-Ansar, Lashkar-e-Toiba, Jaish-e-Mohammad, and Hakat-ul-Jihadi
Islami.[23] In the Central
Indian states of Bihar, Jharkhand and Chattisgarh, three militant groups have
been responsible for landmine and IED attacks: CPI (ML) – Party Unity; the
People’s War Group; and the Maoist Communist
Center.[24] In Andhra Pradesh
and Maharashtra, Naxalite groups have used mines and IEDs. In Assam in
Northeast India, the National Democratic Front of Bodoland (NDFB) and the United
Liberation Front of Assam (ULFA) have used
landmines.[25]
In this reporting period, since May 2003, the following NSAs have been
accused of using IEDs or landmines: the People’s War Group in Andhra
Pradesh[26] and in the village
of Bhubaneshwar;[27] Maoists in
Ranchi;[28] Naxalite militants
in Purada, Gadchiroli
district;[29] Hizbul Mujahideen
at Sopore,[30] in South
Kashmir’s Fulwama
district,[31] and in the
Baramulla district of Jammu &
Kashmir;[32] Laskar-e-Toiba at
Arnia in Jammu province; and Sengalidham in Udhampur
districts.[3]3
In signing the Geneva Call “Deed of Commitment” on 17 October
2003, the National Socialist Council of Nagaland has pledged to never use
antipersonnel mines and to destroy any stockpiles. There is no evidence that
NSCN has ever used landmines in the past, but it is not known if it has a
stockpile.
Landmine Problem
Following the mine-laying operations that began in December 2001, there were
significant minefields along the 1,800-mile border with Pakistan, including the
Indian states of Gujarat, Rajasthan, Punjab and Jammu and Kashmir. According to
government figures, the Army operations along the border affected 1,900,000
farmers in 1,818 villages cultivating 60,915 acres in the three border districts
of Ferozpur, Gugudaspur, and Amritsar. The government has estimated that 200
villages were affected in the Jammu, Kathua, Rajouri, and Poonch districts; the
Army expropriated 70,100 acres of land of which 25,000 acres were
mined.34 Various media reports indicate that mined land included
about 20,000 acres in the Punjab border
area,[35] 9,500 acres in the
Amritsar border area,[36] and
29,000 hectares (about 71,000 acres) in the Ferozpur
district.[37] One report,
citing senior Army officials, said a total of 173,000 acres had been
mined.[38]
According to a military spokesperson in the Firozpur and Amritsar districts
in Punjab, landmines were planted in 506 villages on nearly 29,049 acres of
land. He said that up to 96 people had been injured by mines in these
villages.[39]
During the operation, landmines were planted on farming and grazing land,
around infrastructure, and around some villages. In many locations, farmers
could not tend their crops or graze their animals. Some border villagers had to
vacate their homes, and some border farmers had to work as laborers in fields
far away from where they
live.[40]
The Ministry of External Affairs wrote to the Landmine Monitor, “During
the mine-laying operations, land was temporarily expropriated to prevent
untoward casualties to civilians. This will be returned once 100% recovery is
achieved. Compensation is being paid for the period of expropriations and for
any adverse impact on both the winter and the summer
crops.”[41] According to
Deputy Commissioner Ramandir Singh of the Firozpur district, affected villagers
were paid approximately US$262 per acre as compensation from December 2001 to
June 2002. From July 2002 to December 2003, compensation was paid at a rate of
US$295 per acre.[42] According
to Indian media, the government has agreed to pay farmers compensation for their
land at the rate of approximately US$234 per acre. Some farmers maintain that
this sum compensates for the loss of one crop, while they have lost three crops
since their fields were
mined.[43]
Mine Clearance
In October 2002, the Indian Army started large-scale mine clearance
operations along the Pakistani border. India reported that as of 30 September
2003, approximately 90 percent of the mines had been “recovered.”
It stated, “Concerted efforts are being made to achieve the target
of 100% recovery of all mines that have been laid.”[44] It also noted that in addition
to indigenous demining equipment, Indian Army Engineers were using Danish
Hydrema mechanical demining machines and mine boots from Canada.
Military personnel engaged in clearance along the Punjab border reported that
mine clearance was painstakingly slow and dangerous. Mines had shifted from
their original locations for a variety of reasons. After nearly a year of being
exposed to the elements, some of the mines had become unstable and prone to
exploding. The scarcity of trained manpower and mine detection equipment
further complicated the
problem.[45]
“The Government of India has approved enhancement in the existing
scales of minefield marking and laying stores. This is in keeping with
India’s commitment to the Amended Protocol
II.”[46]
Mine Risk Education
There were no formal mine risk education programs in India before 2003.The government reports, “During and post-active military operations
and as part of civic action programs, civilians have been educated on the
location of landmines and are made aware of measures that need to be adopted to
prevent mine casualties. In addition, mine awareness programs have been and are
regularly being conducted down to sub-district/village
level.”[47] The
government has also stated that mine risk education is provided at the field
level by field force
commanders.[48]
The government cites two NGOs, the Indian Institute for Peace, Disarmament
and Environmental Protection (IIPDEP) and the All India Women’s
Conference, for contributing to public knowledge about the problem of
landmines.[49] The IIPDEP,
which leads the Indian Campaign to Ban Landmines, has arranged a number of mine
risk education workshops in India-Pakistan border towns and villages, including:
Barmer (Rajasthan) on 23 February 2003; Abohar (Punjab) on 20 March 2003;
Srinagar (Jammu & Kashmir) on 20 April 2003; Jaislmer, (Rajasthan) on 14
December 2003; Jammu (Jammu & Kashmir) on 25 December 2003; and Abohar
(Punjab) on 28 December 2003. The IIPDEP has organized many public education
and awareness seminars throughout the country in the past. The Indian Campaign
to Ban Landmines and Global Green Peace organized a workshop in Srinagar on 20
April 2004 to raise awareness of the landmine situation in India and mobilize
civil society to act against mine use.
In 2003, the Indian Red Cross Society (IRCS) with the support of the
International Committee of the Red Cross (ICRC) launched a mine risk education
program in seven affected districts of Rajasthan and Punjab. Workshops took
place in both states.[50] About
80 IRCS volunteers were trained to collect information, assess the mine threat
situation in affected communities and deliver basic safety messages. Based on
the information collected, a curriculum was developed. Posters and leaflets
were produced after field-testing. More trainings of teachers and community
representatives are
planned.[51]
Mine Action Assistance
India reports that its Corps of Engineers has over many years assisted with
UN-sponsored mine clearance programs in Cambodia, Bosnia, Angola, Ethiopia,
Mozambique, Rwanda, Sierra Leone, and
Somalia.[52]
Horizon-Organization for Post-Conflict Management, an NGO founded by retired
officers of the Indian Armed Forces in 2002, was undertaking demining operations
in Sri Lanka as of October
2003.[53]
India has distributed the widely-known “Jaipur Foot” in
mine-affected countries in Africa, as well as Afghanistan. India states it is
developing and improving the technology, components and materials used for
construction of state-of-the-art
prosthetics.[54] In December
2001, India sent a team of doctors and technicians to Kabul to set up a camp to
repair artificial limbs (Jaipur Foot) for Afghan
amputees.[55]
In November 2003, India reiterated that it “remains committed to
provide mine-related assistance and is willing to contribute technical
assistance and expertise to mine clearance and rehabilitation
programs.”[56]
Landmine Casualties
There is no comprehensive data collection mechanism on landmine casualties in
India. It is believed that many civilian casualties are not reported due to the
remoteness of and lack of transportation and communication facilities in some of
the mine-affected border areas.
In 2003, there were at least 99 new civilian landmine casualties in the
border districts of Rajasthan, Punjab and Jammu, including 13 killed and 86
injured; eight were women and 21 were
children.[57] The Indian
Institute for Peace, Disarmament & Environmental Protection (IIPDEP) started
collecting data on civilian landmine casualties in the border districts in
December 2002, with funding provided by the government of Canada. IIPDEP has
collected data on more than 700 civilians killed or injured by landmines with
some injuries dating back to the 1965 India-Pakistan
war.[58]
New casualties in 2003, identified by IIPDEP during data collection, included
six children injured after one child stepped on a landmine in a field; a
ten-year-old boy killed when he stepped on a mine; a man killed in a mine
explosion as he herded his cattle; a 28-year-old man severely injured in a mine
explosion in the fields; and a farmer injured when he stepped on a mine in a
field. New casualties in 2004 include two children killed and another injured
in a mine incident in Ladhurka village in Punjab, and a young man who stepped on
a mine and lost his right foot while working in his
field.[59] Some of these
mine incidents occurred in fields that reportedly had been cleared by the Army
and returned to the
owners.[60]
In December 2002 and March 2003, IIPDEP visited three border villages in the
Ganganagar district, Rajasthan, and in four villages close to the border town of
Abohar, Punjab. In the seven border villages, 71 landmine casualties were
identified; 16 people had been killed and another 55 injured. Adults reportedly
stepped on landmines while working in fields, cutting grass or grazing their
animals. Children suffered landmine injuries while grazing animals or
playing.[61]
In one district of Rajasthan, Sriganganagar, landmines reportedly killed 29
people and injured 84 others, including 18 children, in a 15 to 16 month period
after December 2001. Only seven of the casualties were military
personnel.[62]
In 2003, based on an analysis of media reports by Landmine Monitor,
information was available on at least 270 new casualties (101 people killed and
169 injured) caused by landmines, improvised explosive devices (IED) or UXO; 136
were civilians, at least twelve of which were
children.[63] In 2002, at least
523 new mine/UXO/IED casualties (310 people killed and 213 injured) were
reported in the media; 173 were civilians, at least fifteen were
children.[64] In 2001, 332 new
mine/UXO/IED casualties (133 people killed and 199 injured) were reported in the
media; 107 were civilians, 32 were
children.[65] Media reports
often related to incidents involving vehicles and tended to focus on military or
militant casualties. Casualties reported in the media were not confined to the
Jammu and Kashmir areas, with incidents also reported in Assam, Jharkland,
Bijapur, Bihar, Manipur and Andhra Pradesh.
From January to March 2004, there were at least 33 new civilian landmine
casualties in the border districts of Rajasthan, Punjab and Jammu, including ten
killed and 23 injured; five were women and five were
children.[66] Military and
civilian casualties also continue to be reported in the media in 2004. Between
January and June, at least 113 landmine/UXO or IED casualties (70 people killed
and 43 injured) were reported in the media; 56 were civilians, including six
women and four children.[67]
Since military mine clearance began in the border area, at least four
soldiers died and another 31 were injured during clearance
operations.[68]
In January 2002, 60 soldiers were reportedly killed, and another 242 injured
during mine-laying operations on the India-Pakistan border; 21 civilians were
also killed. In December 2001, in two separate accidents, 33 soldiers and three
civilians died when landmines exploded prior to being
laid.[69]
On 13 May 2002, an Indian peacekeeper was injured in a landmine incident in
the Democratic Republic of
Congo.[70]
In July 2001, six Bhutanese nationals were killed and eight injured in a
landmine blast in Assam.[71]
The total number of landmine casualties in India is not known. Government
sources reported 10,709 landmine and IED casualties (1,489 killed and 9,220
injured) between 1989 and 1999 in Jammu and Kashmir and Andhra
Pradesh.[72] The Indian Army
maintains a website with statistics on civilian casualties in Kashmir.
According to the data, the Army recorded 9,257 civilian casualties (663 killed
and 8,594 injured) attributed to “explosive/grenade incidents” since
1999.[73] It is not known how
many of these casualties can be attributed to landmines.
Survivor Assistance
India has a system of free medical care for all citizens. However, in rural
areas the quality and availability of services can be problematic. First aid is
generally not available in remote border villages. State hospitals provide
treatment free of charge to mine casualties including amputation surgery if
required. Mine survivors living in remote border villages reportedly have no
access to physiotherapy or prosthetics
services.[74] An IIPDEP survey
in seven border villages revealed that there was no disability awareness in the
community, or opportunities for vocational training, or special education
facilities for children disabled in mine incidents. Socio-economic
reintegration was a major problem for landmine survivors and for family members
who were dependent on a person who was
killed.[75]
The government of India has indicated its support for the rehabilitation of
mine survivors, including provision of prostheses, financial grants, and
assistance with economic reintegration. In October 2003, the government stated,
“Concerted efforts are being made to rehabilitate these [mine survivors].
Depending on the nature of the casualty, monetary compensation is being paid to
army personnel and civilians.... In addition, artificial limbs are also being
provided, where necessary. Subsequent assistance for employment/self-employment
is also being imparted. The Army’s Artificial Limb Centre (ALC) has
played a sterling role in the field of prosthetics for mine victims. In
essence, the country as a whole remains committed to provide rehabilitation to
the unfortunate victims of landmine
accidents.”[76]
In July 2003, the Ministry of External Affairs told Landmine Monitor,
“All efforts are made by the Government to provide free, expeditious and
quality medical and other assistance to landmine victims.... Depending upon the
nature of the injury and the extent of disability, compensation is provided to
the victims. In addition, facilities such as assistance in securing employment
and provision of artificial limbs are also extended by the
Government.”[77]
In February 2004, a program to provide medical facilities for people living
in remote border areas was launched by the Army and State Government; seven
Mobile Medical Teams started in February and another seven in
August.[78]
Handicap International’s program in India includes training and
enhancing the capacity and quality of community-based rehabilitation, raising
awareness of the rights and needs of persons with disabilities, and support for
disability associations.[79]
The NGO Bhagwan Mahaveer Viklang Sahayata Samiti (BMVSS) provides an
artificial limb known as the Jaipur Foot as well as walking aids, especially
targeting people with limited resources. The artificial limbs, which cost about
Rs.900 ($20) to produce, are free and at the center amputees are given a place
to sleep, meals, and transport home. BMVSS also organizes regular mobile camps
to bring rehabilitation services to people living in remote rural areas; all
services are provided free-of-charge. It receives financial support from the
government and from private
donors.[80] In January 2002,
BMVSS provided 1,000 artificial limbs for an Indian orthopedic team traveling to
Afghanistan to assist Afghan amputees. The Indian government funded the
program.[81]
The NGO Ortho Prosthetics Care and Rehabilitation (OPCAR) provides orthopedic
devices and mobility aids for persons with disabilities, including landmine
survivors. OPCAR has two orthopedic workshops, one in Delhi and another in
Nalagarh. It also runs mobile camps to mine-affected
areas.[82]
Several NGOs operate within Jammu and Kashmir assisting the population with
medical care, rehabilitation, education and
training.[83] The NGO ICNA
Relief-Helping Hand, for example, provides medical assistance through the
Kashmir Surgical Hospital. The hospital provides medicines and surgical
services, and has four ambulances, one operating theater, and sixty branch
centers in refugee camps. In addition, there are five Primary Health Centers in
refugee camps.[84]
As of January 2002, the Srinagar-based 15-Corps, in coordination with Jyot
Charitable Trust, provided artificial limbs or tricycles to 198 amputees from
Kashmir as part of Operation Sadbhavna. The Jammu-based 16-Corps has assisted
many survivors by providing prosthetics, including for 35
children.[85] It is not known
how many beneficiaries were landmine amputees, or the current activities of the
programs.
Two landmine survivors participated in the Raising the Voices training
program held during the intersessional Standing Committee meetings in Geneva in
May 2003.
Disability Policy and Practice
The “Persons with Disabilities Act 1995” protects the rights of
persons with disabilities, including mine survivors. The Act, however, is not
applicable to the state of Jammu and Kashmir. To be eligible for benefits under
the Act, a person must be certified by a medical authority to be at least 40
percent disabled.[86] The
Disabled Division of the Ministry of Welfare provides rehabilitation services to
the rural population through 16 district centers, well short of the target of
400 district centers in the national rehabilitation plan. The practical benefits
of the legislation have been minimal due in part to a clause that makes the
implementation of programs dependent on the “economic capacity” of
the government.[87]
In 2002, the government announced that compensation would be paid to
casualties of military related explosions. For military casualties who are
killed the payment would be Rs. five lakh (US$10,780), and for those injured
Rs.75,000 (US$1,620). For a civilian landmine casualty on the border the
payment in the event of death was specified as Rs. one lakh (US$2,160), and for
a civilian permanently disabled no more than Rs.10,000
(US$215).[88] In 2004, a
newspaper article reported that the government now pays Rs.50,000 (US$1,080) for
a mine survivor who is 50 percent disabled, Rs.75,000 (US$1,620) for 75 percent
disability, and Rs.100,000 ($2,155) for a survivor who is 100 percent
disabled.[89] In October 2003,
the government reported that the minimum compensation being paid to civilian
landmine casualties is a sum of 100,000
rupees.[90]
IIPDEP’s field surveys from December 2003 to March 2004 found that
families of landmine casualties who died received Rs.250,000, those with 90
percent disability received Rs.200,000, those with 50 to 75 percent disability
received Rs.150,000, and those below 50 percent disability received
Rs.50-75,000.[91]
[1] Statement by Amb. Rakesh Sood, Head of
Indian Delegation at the Fifth Annual Conference of States Parties to Amended
Protocol II to the Convention on Conventional Weapons, Geneva, 26 November
2003. [2] Statement by Amb. Rakesh
Sood, Deputy Leader of Delegation of India to the Review Conference on the
Convention on Conventional Weapons, 3 May
1996. [3] CCW Amended Protocol II
Article 13 Report, Form D, 27 October
2003. [4] CCW Article 13 Report, Form
C, 27 October 2003. [5] CCW Article 13
Report, 18 October 2000, p. 6. [6]
Ministry of External Affairs, Annual Report 1999-2000 (New Delhi: Government of
India, 2000), p. 81. [7] The estimate
was provided by non-Indian government officials involved in discussions with the
Indian government during the CCW negotiations, and was confirmed by a retired
Indian military officer. [8] Statement
by Amb. Rakesh Sood, Fourth Annual Conference of Amended Protocol II States
Parties, 11 December 2002. [9] CCW
Article 13 Report, Form C, 27 October
2003. [10] Article 13 Report, Form D,
27 October 2003. [11] None of the
countries have provided an acquisition date for the Indian antipersonnel mines.
Bangladesh also lists the US as a source for its M14. It is unclear how many
came from what source. Bangladesh Article 7 Report, Form B, 29 April 2003;
Mauritius Article 7 Report, Form B, 20 May 2002; Tanzania Article 7 Report, Form
D, 5 February 2003. Landmine Monitor has also reported on Indian landmines
found in Burma (Myanmar). [12] For
more details see Landmine Monitor Report 2002, pp. 660–662. The date for
cessation of operations is based on interviews with delegates from border
villages who attended the Regional Seminars in Gangangar, Rajasthan, 23 February
2003, and in Abohar, Punjab, 23 March
2003. [13] Meeting with Amb. Rakesh
Sood, Geneva, 14 May 2003. Williams and Brigot reported this in an ICBL meeting
the following day, and Brigot has confirmed it from her notes, including that a
follow-up question was asked regarding the “millions” remark. One
news article stated, “Although no one has the exact figure, the mines
along the border number 2 million.” “Landmine removal to cost
Rs.700 crore,” New Delhi Business Standard, 29 November
2002. [14] Letter
No.GEN/PMI/254/41/2003 to Landmine Monitor (HRW) from T.P. Seetharam, Minister
(Disarmament), Permanent Mission of India to the Conference on Disarmament,
Geneva, 18 July 2003. [15]
Ibid. [16] The Landmine Monitor
researcher saw the minefields in Ganganagar, Rajasthan, 27 December 2002, and in
Abohar, Punjab, 23 March 2003. Indian military personnel confirmed that this
corresponds to Indian military
tactics. [17] Letter No. 106/5/2003 to
Landmine Monitor (HRW) from Dr. Sheel Kant Sharma, Additional Secretary,
Disarmament & International Security Affairs, Ministry of External Affairs,
28 July 2003. [18] Indian Ministry of
Defence, Press Release, New Delhi, 7 March 2002. The release notes that this
information was given by Defence Minister George Fernandes in a written reply to
two Parliamentarians. [19] Statement
by Amb. Sood, Fifth Annual Conference CCW Amended Protocol II, 26 November
2003. [20] Kashmir Times, 28 November
2003. [21] Hindustan Times, 20
November 2003. [22] Times of India, 25
May 2003. [23] Suba Chandran,
“The Use of Landmines by Non-State Actors in India and Nepal,”
Research for Landmine Monitor Report, New Delhi, May 2002.
[24] Numerous media reports from June
2002 to May 2003, including: “10 injured in Jharkhand land mine
blast,” Press Trust of India, Daltonganj, 29 July 2002;
“Chattisgarh: Two cops killed in landmine blast,” Press Trust of
India (Jagdalpur), 13 October 2002; “Seven Indian policemen killed in
landmine blast,” Agence France-Presse (Ranchi), 20 November 2002; Sanjay
K. Jha, “Left Wing Terror: The MCC in Bihar and Jharkhand,” South
Asia Intelligence Review, 21 April
2003. [25] “Tribal militants
kill 10 in India’s troubled northeast,” Agence France-Presse
(Guwahati), 5 August 2002; “Assam policemen killed in landmine
blast,” Times of India, 21 August
2002. [26] “Three policemen
killed by Maoists in southern India,” Agence France-Presse, 17 June 2003.
[27] Archana Mishra, “Landmines
planted by rebels kill two policemen in eastern India,” Associated Press,
7 February 2004. [28] “Landmine
blasts by suspected Maoists kill 26 Indian policemen,” Hindustan Times, 8
April 2004. [29] Hitvada, 23 December
2003. [30] “3 jawans killed in
Sopore,” Hindustan Times, 21 March
2004. [31] Hindustan Times, 24 April
2003. [32] Daily Excelsior, 27 March
2004. 33Daily Excelsior, 21 January
2003. [3]4 Rahul Kumar, Amar De, and
Masood Hussain, “Villagers here sow seeds and harvest mines,”
Hindustan Times, 27 December 2002. The article states that according to the
state’s chief secretary Y. S. Ratra, New Delhi had authorized only Rs66
million (US$1.4 million). [35]
“Demining of fields in border areas soon: Army,” Times of India, 2
November 2002. [36] “Army
intensifies de-mining work,” Times of India, 6 March
2003. [37] Chandra Parkash
“Treading on Trouble,” Tribune of India, 11 May
2003. [38] Binoo Joshi, “Indian
Troops Begin Removing Mines from Kashmir Border Towns,” Associated Press
(Jammu), 4 July 2002. [39] Amar Ujala
Jalandhar (regional daily), 30 April 2003. This reports landmines were planted
in 5,648 acres in Firozpur, affecting 196 villages; 7,617 acres in Jalalabad,
affecting 178 villages; 15,772 acres in Fazilka, affecting 64 villages; and 12
acres in Abohar. [40] Chander
Prakash, “Treading on Trouble” Tribune of India, 11 May
2003. [41] Daily Jagran (regional
daily), 17 May 2003. [42] Amar Ujala
Jalandhar, 30 April 2003. [43]
Firozpur Jagran, (regional daily), 12 October
2003. [44] Article 13 Report, Form B,
27 October 2003. In December 2002, India stated clearance was 16-18 percent
completed and would take six more months. In July 2003, it reported clearance
was 85 percent completed. See Landmine Monitor Report 2003, pp.
593-594. [45] “India mine
clearing to take months,” BBC News, 10 January
2003. [46] Article 13 Report, Form C,
27 October 2003. [47] Article 13
Report, Form A, 27 October 2003. [48]
Letter No. 106/5/2003 from Dr. Sheel Kant Sharma, Ministry of External Affairs,
28 July 2003. [49] Article 13 Report,
Form A, 27 October 2003. [50] ICRC,
“Special Report: Mine Action 2003,” August 2004,
p.33. [51] Email to Landmine Monitor
(HI) from Boris Cerina, ICRC India, 21 September
2004. [52] Statement by Amb. Sood,
Fifth Annual Conference CCW Amended Protocol II, 26 November
2003. [53] Article 13 Report, Form B,
27 October 2003. [54] Statement by
Amb. Sood, Fifth Annual Conference CCW Amended Protocol II, 26 November
2003. [55] Ministry of External
Affairs, Annual Report 2001-2002 (New Delhi: Government of India, 2002) p. 2.
In 1996 and 1997, India organized similar camps for Afghan landmine victims.
“Indian orthopaedic team leaves for Kabul,” The Times of India, 30
December 2001. [56] Statement by Amb.
Sood, Fifth Annual Conference CCW Amended Protocol II, 26 November
2003. [57] Email to Landmine Monitor
(HI) from Balkrishna Kurvey, IIPDEP, 2 September
2004. [58] A full breakdown of
casualties will not be available until the research is
completed. [59] IIDEP conducted field
surveys from December 2003 to March
2004. [60] “Child Died Due to
Landmines,” Seema Sandesh, Ganganagar/Jaipur, 1 June 2003; “Two
Children Killed in Blast,” Indian Express, 10 June 2003; “Two Minor
Boys killed, Another Injured in Blast,” Hindustan Times, 20 June
2003. [61] Interviews by IIPDEP with
mine survivors and the families of those killed in seven border villages in
December 2002 and March 2003. [62]
Rajesh Sinha, “Killing fields - Civilians worst hit by land mines,”
Hindustan Times, 13 July 2003. [63]
Landmine Monitor collated data from 48 media reports between 1 January and 31
December 2003. Details of individual reports are available. The reported total
represents a minimum number as some media reports do not give an exact figure of
the number killed or injured but report “several” casualties. In
these cases no number was included in the
analysis. [64] Landmine Monitor
collated data from 78 media reports between 1 January and 31 December 2002.
Details of individual reports are
available. [65] Landmine Monitor
collated data from 35 media reports between 1 January and 31 December 2001.
Details of individual reports are
available. [66] Email to Landmine
Monitor (HI) from Balkrishna Kurvey, IIPDEP, 2 September
2004. [67] Landmine Monitor collated
data from eleven media reports between 1 January and 26 June 2004. Details of
individual reports are available. [68]
Rahul Bedi, “Picking mines on the border,” Frontline, Volume 20
– Issue 03, 1-14 February 2003; Binoo Joshi, “Indian army officers
killed in de-mining accident near India-Pakistan border,” Associated Press
(Jammu), 30 January 2003; “Jawan injured in landmine blast during demining
operation,” PTI (Jammu), 5 August 2003; “Major killed in demining
operation,” The Times of India, 2 October
2003. [69] Rahul Bedi, “Picking
mines on the border,” Frontline, Volume 20 – Issue 03, 1-14 February
2003. [70] “UN Peacekeeper
killed by Landmine in the DRC,” Xinhua, 13 May
2002. [71] “Indian militants
kill six Bhutanese nationals in landmine blast,” Agence France-Presse, 31
July 2001. [72] See Landmine Monitor
Report 2000, pp. 494-495. [73]
“Civilian Casualties in J&K up to 31 May 2004,” available
at www.armyinkashmir.org/v2/human_rights/cc_actual_data.shtml
(accessed on 1 September 2004). This includes: 917 casualties (80 killed and
837 injured) to May 2004; 1,658 (112 killed and 1,546 injured) in 2003; 1,831
(117 killed and 1,714 injured) in 2002; 2,253 (133 killed and 2,120 injured) in
2001; 1,387 (129 killed and 1,258 injured) in 2000; 1,211 (92 killed and 1,119
injured) in 1999. [74] IIPDEP
interviews with mine survivors in seven border villages in December 2002 and
March 2003. [75]
Ibid. [76] Article 13 Report, Form B,
27 October 2003. [77] Letter No.
106/5/2003 from Dr. Sheel Kant Sharma, Ministry of External Affairs, 28 July
2003. [78] “Launching of Mobile
Medical teams under Border Area Development Program,” available at www.armyinkashmir.org/v2/army_for_j&k/launching_mmts.shtml
(accessed 1 September 2004). [79]
Handicap International, “Program Summary: India 2004,” 30 November
2003. [80] Sullivan, “In a dusty
Indian city, amputees find hope in a handmade foot,” Associated Press, 28
January 2003; see also www.jaipurfoot.org
. [81] Ian McWilliam, “Jaipur
foot for Afghan amputees: Thousands have lost limbs during 20 years of
war,” BBC, 4 January 2002. [82]
ICBL, “Portfolio of Landmine Victim Assistance Programs,” September
2002. [83] Details on the activities
of these NGOs were not available to Landmine Monitor. For a list of the NGOs see
www.indianngos.com/states/jammu.html
(accessed 1 September 2004). [84] ICNA
Relief, see www.reliefonline.org/kashmir/kashmir.htm
(accessed 1 September 2004). [85]
Masson Hussain, “The Perpetual Minefield,” Kashmir Times, 13 January
2002; see also “Artificial Limbs to Militancy Victims and Handicapped
Persons,” available at www.armyinkashmir.or/v2/army_for_j&k/mh_artificial_lambs.shtml
(accessed 1 September 2004). [86]
“The Persons with Disabilities (Equal Opportunities, Protection Of Rights
And Full Participation) Act, 1995,” available at http://disabilityindia.org/pwdacts.cfm,
accessed 1 September 2004. [87] US
Department of State, “Country Reports on Human Rights Practices –
India 2003,” Bureau of Democracy, Human Rights, and Labor, Washington DC,
25 February 2004. [88] Anuradha Bhasin
Jamwal, “Walking into the Death Trap,” Newsline, February
2002. [89] Luv Puri, “Danger
zone,” The Hindu, 18 July
2004. [90] Article 13 Report, Form B,
27 October 2003. [91] Email from
Balkrishna Kurvey, IIPDEP, 2 September 2004.