Rahul Gandhi has a mental illness

TE Bvwg knowledge 2020/2/6 W220 2225769-1

REASONS FOR DECISION:

I. Procedure:

After illegal entry into the Austrian federal territory, the complainant filed the present application for international protection on July 3, 2019.

On July 4, 2019, the complainant was interviewed for the first time in front of an organ of the public security service and stated that he was questioned about his reason for fleeing that his life was in danger in India; they are being harassed by the Hindu government. Sikhs are reported and arrested for no reason, and are falsely labeled as terrorists, drug dealers or arms dealers.

On September 3, 2019, the complainant's written questioning took place in front of the Federal Office for Immigration and Asylum. In this, the complainant essentially stated that he came from a Sikh family. The Sikhs would be in favor of establishing their own state, Khalistan. Sikhs are always disadvantaged and do not have the same rights as the rest of the country. Since the complainant was in favor of the founding of Khalistan, he was being persecuted by Hindus. He was labeled a terrorist and was even attacked, leaving a scar on his left arm. In addition, he was threatened with death by telephone. The Sikhs would also have been forbidden to read their holy book. Sikhs were reported and imprisoned, the holy book was burned, and a friend of the applicant was murdered by the police.

With the decision of the Federal Office for Immigration and Asylum of October 18, 2019, Zl. 1236528807-190673074, the complainant's application for international protection of July 3, 2019, both with regard to the granting of the status of person entitled to asylum in accordance with Section 3 (1) AsylG 2005 (point I .) as well as with regard to the granting of the status of beneficiary of subsidiary protection according to § 8 Abs. 1 AsylG 2005 (ruling point II.), the complainant was not granted a residence title for reasons worthy of consideration according to § 57 AsylG 2005 (ruling point III.), according to § 10 para. 1 no.3 AsylG 2005 in conjunction with Article 9 BFA-VG, a return decision was issued against the complainant pursuant to Article 52 para. 2 no.2 (point IV.) And, pursuant to Article 52 para 46 FPG to India is admissible (point V.). A period of fourteen days from the date on which the return decision becomes final was set for voluntary departure.

The Federal Office for Immigration and Asylum found the following on the general situation in the country of origin (reduced to the findings relevant to the decision):

"KI from May 27, 2019, election result Lok Sabha, election to the House of Commons from April 11, 2019 to May 19, 2019.

India's ruling party BJP (Bharatiya Janata Party) led by Prime Minister Narendra Modi has clearly won the parliamentary election in the world's most populous democracy. The Hindu nationalists achieved an absolute majority of the 545 seats in the lower house (SZ May 23, 2019), as emerged on Friday night from the count of the votes cast by the electoral commission. In all likelihood, President Ram Nath Kovind will re-appoint Prime Minister Modi as head of government for a second five-year term of office (ZO May 24, 2019), during which he will govern India with a new, larger parliamentary majority (IT May 24, 2019) represents the clearest re-election of an Indian ruling party since 1971 (SZ 23.5.2019).

More than 8,000 candidates ran for the election, which was carried out in seven phases over almost six weeks, from April 11 to May 19 (SZ May 23, 2019). Around two thirds of the approximately 900 million citizens of India who are eligible to vote cast their votes (IT May 24, 2019), which corresponds to a turnout of 67 percent (SZ May 23, 2019). The BJP won a total of 303 constituencies (ECI May 24, 2019; see BBC May 24, 2019).

Opposition leader Rahul Gandhi, head of the Congress Party, which had previously ruled for decades, accepted the defeat and congratulated Modi on his victory (ZO May 24, 2019; see BBC May 23, 2019). The congress party remains the second strongest force in parliament (ZO May 24, 2019). It is expected to improve slightly compared to its worst election result so far five years ago (AJ May 24, 2019).

Modi's populist policy divides the country. During his tenure there was frequent violence by Hindus against Muslims and other minorities. Modi's economic policy is also criticized (ZO May 24, 2019). During the election campaign, he emphasized national security and presented himself as the protector of the South Asian country - especially against the arch enemy Pakistan. Shortly before the election, the neighbors with nuclear armed forces almost went to war (SZ May 23, 2019).

According to the Indian Foreign Ministry, some heads of state and government have already congratulated Modi on his election victory, including Russian President Vladimir Putin, China's head of state and party leader Xi Jinping and Pakistani Prime Minister Imran Khan - even before the election result was official (ZO May 24, 2019) .

Prime Minister Narendra Modi has been holding talks on the formation of a new cabinet since September 25, 2019 (REUTERS May 24, 2019).

Swell:

AJ - Al Jazeera (May 24, 2019): India elections 2019: All the latest updates,

https://www.aljazeera.com/news/2019/05/indian-general-elections-2019-latest-updates-190521080547337.html, accessed on May 24, 2019

BBC - British Broadcasting Corporation (May 24, 2019): India general election 2019: What happened?

https://www.bbc.com/news/world-asia-india-48366944, accessed on May 24, 2019

BBC - British Broadcasting Corporation (23.5.2019): India election 2019: Narendra Modi thanks voters for 'historic mandate', https://www.bbc.com/news/world-asia-india-48389130, accessed on 24.5.2019

ECI - Election Commission of India (24.5.2019): Result Status, Status Known For 542 out of 542 Constituencies, Last Updated at 08:10:02 pm On 05/24/2019,

http://results.eci.gov.in/pc/en/partywise/index.htm, accessed May 24, 2019 (8:00 p.m.)

IT - India Today (May 24, 2019): Election results 2019: Ab ki baar, 300 pairs: Modi makes it mumkin for BJP, https://www.indiatoday.in/elections/lok-sabha-2019/story/election- results-2019-narendra-modi-wins-big-bjp-300-seats-1533550-2019-05-24, accessed on May 24, 2019

REUTERS (May 24, 2019): Modi begins talks for new cabinet after big election win, accessed May 24, 2019

SZ - Süddeutsche Zeitung (May 23, 2019): Prime Minister Modi's government clearly wins the marathon election, https://www.sueddeutsche.de/politik/haben-modi-wahl-hindu-1.4459235, accessed on May 23, 2019

ZO - Zeit Online (May 24, 2019): Governing party wins absolute majority in parliamentary elections,

https://www.zeit.de/politik/ausland/2019-05/haben-parlamentswahl-narendra-modi-bharatiya-janata-absolute-mehrheit, accessed on May 24, 2019

KI from March 6, 2019, current events in the Kashmir conflict (relevant for Section 3.1./regional problem area Jammu and Kashmir).

India penetrated Pakistani airspace for the first time since the war in 1971 on February 26, 2019 and launched an attack in retaliation for the suicide attack on February 14, 2019 [note: see KI in LIB India on February 20, 2019] a training camp of the Islamist group Jaish-e-Mohammad outside the city of Balakot (Balakot region, Khyber Pakhtunkhwa province, Pakistan). This is outside the contested region of Kashmir (SZ February 26, 2019; see FAZ February 26, 2019b, WP February 26, 2019). India is convinced that the suicide attack on February 14 was planned and supported from Pakistan (NZZ February 26, 2019).

The information about the effects of the bombing varies: While Indian authorities report that almost 200 (CNN News 18 26.2.2019) terrorists, trainers, commanders and jihadists were killed and the camp completely destroyed, the Pakistani military confirms the air strike (DW February 26, 2019), however, announces that the Indian planes hastily disposed of their bomb load near Balakot in order to immediately escape the ascending Pakistani fighter jets. According to Pakistani information, there is neither a large number of victims (Dawn 02.26.2019; see FAZ 02.26.2019a), nor would infrastructure have been hit (DW 26.2.2019).

Observers were skeptical that this military strike could actually have hit a large number of terrorists in one place. Residents of the village of Balakot told the Reuters news agency that they were startled by loud explosions in the early morning. They said that only one person was injured and no one was killed. They also stated that there had indeed been a terror camp in the area in the past. However, this has now been converted into a Koran school (FAZ 26.2.2019b).

The Pakistani armed forces reportedly shot down two Indian fighter planes over Pakistan on February 27, 2019 and confirmed the arrest of a pilot. A spokesman for the Indian government confirms the shooting down of a MiG-21 (standard February 27, 2019). The Indian pilot was handed over to the Indian authorities on March 1st, 2019 at the Wagah border crossing. The Pakistani Prime Minister Imran Khan described the release as a "gesture of peace" (March 1st, 2019).

Pakistan closed its airspace completely on February 27, 2019 (Flightradar24 February 27, 2019) and reopened its airspace on March 1, 2019 for flights to / from Karachi, Islamabad, Peschawar and Quetta (also Lahore on March 2) (Flightradar24 February 27, 1/3 / 2.3.2019; see AAN 1.3.2019). The entire airspace was - with restrictions - on March 4th. released (Dawn 6.3.2019; see Dawn 4.3.2019b).

On March 2nd, 2019 it was reported that at least seven people had been killed and ten others injured in firefights in the Kashmiri border area. According to Indian media reports, a 24-year-old woman and her two children were killed by artillery fire and eight other people were injured in the Indian part of the conflict region. According to the Pakistani security forces, a boy and another civilian and two soldiers were killed and two other people were injured in the Pakistani part of Kashmir. The armies of the hostile neighbors had repeatedly fired at various points across the de facto border between the parts of Kashmir controlled by Pakistan and India since March 1, 2019 (Presse March 2, 2019). On March 3, 2019 both sides reported that the situation along the "Line of Control" was again relatively calm (Reuters March 3, 2019)

The Pakistani Minister of Information confirmed on March 3, 2019 that decisive action against the extremist and militant organizations Jaish-e-Mohammad (JeM) and Jamaatud Dawa (JuD) with their charity wing Falah-i-Insaniat Foundation (FIF) was imminent. This approach would be in accordance with the National Action Plan (NAP). The decision was made long before the attack on Indian security forces on February 14th. fallen and only now been released. The decision was not made under pressure from India (Dawn 4.3.2019a).

Swell:

AAN - Austrian Aviation Network (1.3.2019): Pakistan partially opens the airspace again,

http://www.austrianaviation.net/detail/pakistan-oeffnet-den-luftraum-wieder-teilweise/, accessed on March 4th, 2019

CNN News 18 (February 26, 2019): Surgical Strikes 2.0: '200-300 Terrorist Dead',

https://www.news18.com/videos/india/surgical-strikes-2-0-200-300-terrorist-dead-2048827.html, accessed on February 26, 2019

Dawn (February 26, 2019): Indian aircraft violate LoC, scramble back after PAF's timely response: ISPR, https://www.dawn.com/news/1466038, accessed on February 26, 2019

Dawn (March 4th, 2019a): Govt plans decisive crackdown on militant outfits, https://www.dawn.com/news/1467524/govt-plans-decisive-crackdown-on-militant-outfits, accessed on March 4th, 2019

Dawn (4.3.2019b): Pakistan airspace fully reopened, says aviation authority, https://www.dawn.com/news/1467600, accessed on 6.3.2019

Dawn (6.3.2019): Airlines avoiding Pakistan's eastern airspace, making flights longer,

https://www.dawn.com/news/1467798/airlines-avoiding-pakistans-eastern-airspace-making-flights-longer, accessed on March 6, 2019

DW - Deutsche Welle (February 26, 2019): Indian jets fly air raid in Pakistan,

https://www.dw.com/de/indische-jets-fliegen-luftangriff-in-pakistan/a-47688997, accessed on February 26, 2019

FAZ - Frankfurter Allgemeine Zeitung (26.2.2019a): India flies air strikes in Pakistan,

https://www.faz.net/aktuell/politik/ausland/lösungen-fliegt-angriff-gegen-mutmassliche-islamisten-in-pakistan-16060732.html, accessed on March 4th, 2019

FAZ - Frankfurter Allgemeine Zeitung (February 26, 2019b): Pakistan: We reserve the right to react to India's attacks, https://www.faz.net/aktuell/politik/ausland/indische-luftwaffe-verletzt-den-pakistanischen- luftraum-16061769.html, accessed on March 4th, 2019

Flightradar24 (February 27, 2019; additions on March 1, 2019 and March 2, 2019):

Tensions between India and Pakistan affect air traffic, https://www.flightradar24.com/blog/tensions-between-india-and-pakistan-affect-air-traffic/, accessed on March 4th, 2019

NZZ - Neue Züricher Zeitung (February 26, 2019): The spiral of escalation is turning,

https://www.nzz.ch/meinung/haben-bombardiert-pakistan-spirale-der-eskalation-draht-ld.1462893, accessed on February 26, 2019

Presse, die (2.3.2019): Kashmir: Seven dead in shots at the border between India and Pakistan,

https://diepresse.com/home/ausland/aussenpolitik/5588780/Kaschmir_Sieben-Tote-bei-Schuessen-an-Grenze-von-Indien-und-Pakistan, accessed on March 4th, 2019

Reuters (3.3.2019): India-Pakistan border quiet but Kashmir tense amid militancy crackdown,

https://www.reuters.com/article/us-india-kashmir-pakistan-idUSKCN1QK093, accessed on March 6, 2019

Reuters (4.3.2019): Pakistan adds flights, delays reopening of commercial airspace,

https://www.reuters.com/article/us-india-kashmir-pakistan-airports/pakistan-adds-flights-delays-reopening-of-commercial-airspace-idUSKCN1QL0SH, accessed on March 5, 2019

Standard, der (February 27, 2019): Pakistan shoots down Indian fighter jets, premier warns of "great war", https://derstandard.at/2000098654825/Drei-Tote-bei-Absturz-von-indischem-Militaerflugzeug-in-Kashmir , Accessed on March 4th, 2019

SZ- Süddeutsche Zeitung (February 26, 2019): India bombs Pakistani part of Kashmir,

https://www.sueddeutsche.de/politik/haben-pakistan-luftangriff-1.4345509, accessed on February 26, 2019

WP - The Washington Post (February 26, 2019): India strikes Pakistan in severe escalation of tensions between nuclear rivals, https://www.washingtonpost.com/world/pakistan-says-indian-fighter-jets-crossed-into-its -territory-and-carried-out-limited-airstrike / 2019/02/25 / 901f3000-3979-11e9-a06c-3ec8ed509d15_story.html? utm_term = .ee5f4df72709, accessed on February 26, 2019

Zeit, die (March 1st, 2019): Pakistan releases Indian pilots, https://www.zeit.de/politik/ausland/2019-03/kaschmir-konflikt-pakistan-indischer-pilot, accessed March 4th, 2019

KI on February 20, 2019, suicide attack on Indian security forces Awantipora / Pulwama district / Kashmir on February 14, 2019, firefight in Pinglan / Pulwama district / Kashmir on February 18, 2019 (relevant to Section 3.1./ regional problem zone Jammu and Kashmir).

At least 44 people were killed in a suicide attack (TOI February 15, 2019) on Indian security forces in the Goripora area near Awantipora in the Pulwama district of Kashmir. Dozen were injured (IT February 15, 2019).

As reported by the police, an off-road vehicle loaded with around 350 kilograms of explosives exploded on a highway in the Pulwama district (DS 14.2.2019). The target of the attack was a convoy of 78 buses of the paramilitary police force Central Police Reserve Force (CRPF), which was on the strictly guarded road between the cities of Jammu and the capital of the Indian state of Jammu and Kashmir, Srinagar (DW 14.2.2019). The Pakistani terrorist group Jaish-e-Mohammed (JeM) claimed the attack for itself (ANI February 14, 2019).

The group, which originated in Pakistan, has areas of retreat there and uses Kashmir as an arena for their acts of violence. India assumes that the terrorists are supported by circles within the Pakistani military (SZ February 15, 2019).

According to local officials, the bomb attack that took place represents the worst attack in the embattled region in three decades (TNYT 02/14/2019).

India's Prime Minister Narendra Modi spoke of a "vile attack" on Twitter, describing the dead as "martyrs" and further announcing that "the sacrifices made by our courageous security forces [...] will not be in vain. "(DS 14.2.2019). While Pakistan rejects allegations behind the suicide attack, the Indian government calls on Pakistan to take action against the group (DS February 15, 2019).

In an action by the Indian security forces in connection with the bomb attack, five members of the Indian security forces, three militants and one civilian were killed in a firefight between militants and the Indian army in Pinglan in the Pulwama district on February 18, 2019. At least seven security guards were injured. According to the police, the killed militants were members of the JeM who were involved in the attack on February 14, 2019 in nearby Awantipora (TIT February 18, 2019).

Following the announcement by Pakistani Prime Minister Imran Khan to investigate India's allegations and his warning that Pakistan would take retaliatory measures against any Indian military action (TNYT 02/19/2019), India reacted violently by calling Islamabad "the nerve center of terrorism" "(TOI February 19, 2019).Tensions between India and Pakistan have intensified; both countries have called their ambassadors back for consultations (TNYT February 19, 2019).

Annotation:

According to its own statements, India responded in September 2016 to an attack on a military base in Kashmir, in which 19 Indian soldiers were killed, with a "surgical blow" in the Pakistani part of Kashmir. At that time, too, India blamed JeM for the attack (DS 14.2.2019).

Comment:

The situation on site will continue to be monitored and, if necessary, additional brief information will be provided.

Swell:

ANI - Asia News International (February 14, 2019): 12 CRPF personnel killed in terror attack in Kashmir,

https://www.aninews.in/news/national/general-news/12-crpf-personnel-killed-in-terror-attack-in-kashmir20190214170929/, accessed on February 14, 2019

DS - Der Standard (February 15, 2019): Pakistan rejects responsibility for terror in India,

https://derstandard.at/2000098045261/Pakistan-nahm-Verendung-fuer-Terror-in-Indien-von-sich, accessed on February 15, 2019

DS - Der Standard (February 14, 2019): Dozens of dead in an attack on Indian security forces in Kashmir, https://derstandard.at/2000098009156/Zwoelf-Soldaten-in-Kaschmir-durch-Anschlag-getoetet, accessed on February 14, 2019

DW .- Deutsche Welle (February 14, 2019): Many dead in terrorist attack in Kashmir,

https://www.dw.com/de/viele-tote-bei-terroranschlag-in-kaschmir/a-47523658 Accessed February 14, 2019

IT - India Today (February 15, 2019): Kashmir terror attack: Pakistan says attack matter of concern, rejects India's charges | As it happened, https://www.indiatoday.in/india/story/pulwama-awantipora-jammu-and-kashmir-terror-attack-live-1456117-2019-02-14, accessed on February 20, 2019

SZ - Süddeutsche Zeitung (February 15, 2019): The other election campaign, https://www.sueddeutsche.de/politik/haben-und-pakistan-der-andere-wahlkampf-1.4331915, accessed February 17, 2019

TIO - Times of India (February 15, 2109): Pulwama terror attack: What we know so far,

https://timesofindia.indiatimes.com/articleshow/67994287.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst, accessed January 18, 2019

TIT - The Irish Times (February 18, 2019): Four Indian soldiers among dead in Kashmir gun battle,

https://www.irishtimes.com/news/world/asia-pacific/four-indian-soldiers-among-dead-in-kashmir-gun-battle-1.3797668, accessed on February 19, 2019

TNYT - The New York Times (February 19, 2019): Pakistan Offers to Investigate Deadly Suicide Bombing in Kashmir, https://www.nytimes.com/2019/02/19/world/asia/pakistan-imran-khan-india- kashmir.html? rref = collection% 2Ftimestopic% 2FKashmir & action = click & contentCollection = world & region = stream & module = stream_unit & version = latest & contentPlacement = 1 & pgtype = collection, accessed February 19, 2019

TNYT - The New York Times (February 14, 2019): Kashmir Suffers From the Worst Attack There in 30 Years, https://www.nytimes.com/2019/02/14/world/asia/pulwama-attack-kashmir.html ? rref = collection% 2Ftimestopic% 2FKashmir & action = click & contentCollection = world & region = stream & module = stream_unit & version = latest & contentPlacement = 4 & pgtype = collection, accessed February 14, 2019

TOI - Times of India (February 19, 2019): "Pakistan is nerve center of terrorism": India rejects Imran Khan's statement on Pulwama terror attack,

https://timesofindia.indiatimes.com/india/pakistan-is-nerve-centre-of-terrorism-india-rejects-imran-khans-claims-on-pulwama-terror-attack/articleshow/68066363.cms, accessed February 19 .2019

Security situation

India is rich in tensions across ethnic groups, religions, castes and also life perspectives, which often erupt in local riots (GIZ 3.2018a). Terrorist attacks in previous years (December 2010 in Varanasi, July 2011 in Mumbai, September 2011 in New Delhi and Agra, April 2013 in Bangalore, May 2014 in Chennai and December 2014 in Bangalore) and in particular the attacks in Mumbai in November 2008 pressured the government. Only a few of the attacks in recent years have been completely cleared up and the reform projects announced in response to these incidents to improve the Indian security architecture have not been implemented consistently (AA April 24, 2015). But there were also terrorist attacks with an Islamist background in the rest of the country. In March 2017, an "Islamic State" (IS) cell in the capital of the state of Madhya Pradesh placed a bomb on a passenger train. According to the police, the terror cell is also said to have planned an attack on a rally by Prime Minister Modi (BPB 12.12.2017).

The tensions in the north-east of the country continue, as does the dispute with the Naxalites (GIZ 3.2018a). The state monopoly on the use of force is being called into question in some areas by the activities of the "Naxalites" (AA September 18, 2018).

The South Asia Terrorism Portal recorded a total of 898 fatalities from terrorism-related violence in 2016. In 2017 803 people were killed by terrorist violence and in 2018 935 people were killed by acts of terrorism. Up to January 13, 2019, 12 deaths were registered as a result of the use of terrorist violence [Note: the figures quoted include civilians, security forces and terrorists] (SATP January 13, 2019).

Conflict regions are Jammu and Kashmir, the northeastern regions and the Maoist belt. Attacks by Maoist rebels on security forces and infrastructure continued in Jharkhand and Bihar. In Punjab there were repeated assassinations and bomb attacks by violent opponents of the government. In addition to the Islamist terrorists, the Naxalites (Maoist underground fighters) contribute to the destabilization of the country. From Chattisgarh they fight in many union states (from Bihar in the north to Andrah Pradesh in the south) with armed force against state institutions. In the north-east of the country, numerous separatist groups (United Liberation Front Assom, National Liberation Front Tripura, National Socialist Council Nagaland, Manipur People's Liberation Front etc.) are fighting against state power and demanding either independence or more autonomy. Hindu radicalism, which is directed against minorities such as Muslims and Christians, is seldom officially classified in the terror category, but rather referred to as "communal violence" (ÖB 12.2018).

The government acts with great severity and consistency against militant groups, who mostly advocate the independence of certain regions and / or adhere to radical views. If such groups renounce violence, negotiations about their demands are usually possible. Nonviolent independence groups are free to be politically active (AA September 18, 2018).

Pakistan and India

Pakistan neither recognizes the accession of Jammu and Kashmir to the Indian Union in 1947 nor the de facto division of the region between the two states since the first war in the same year. India, on the other hand, takes the position that Jammu and Kashmir as a whole are not part of India (AA 11.2018b). Since 1947 there have been three wars due to the disputed Kashmir area (BBC January 23, 2018).

After the peaceful struggle for independence against British colonial rule, the bloody division of British India, which was accompanied by mass exodus, severe outbreaks of violence and pogroms, showed how difficult it will be to keep the ethnically, religiously, linguistically and socio-economically extremely heterogeneous society together in a nation-state. The inter-religious violence continued even after the partition between India and Pakistan (BPB 12.12.2017).

India accuses Pakistan of at least tolerating, if not promoting, infiltration of terrorists into Indian territory. Major terrorist attacks in India in 2001 and 2008 and a terrorist attack on a military base in the Indian part of Kashmir in September 2016 had significantly exacerbated tensions in bilateral relations. According to a government statement, India responded to the attack, in which 18 Indian soldiers were killed, with a limited military operation ("surgical strike") in the Pakistani-controlled part of Kashmir, which, according to Indian information, was directed against an impending terrorist infiltration. There are repeated exchanges of fire between Indian and Pakistani troops at the armistice line in Kashmir. India sees Pakistan as being responsible for the terrorist threats on its north-western border and is increasing the pressure on its neighbors to achieve effective Pakistani measures against terrorism (AA 11.2018b).

The dialogue process between the two sides, which gave rise to hope from 2014-2015, came to a standstill in 2016. Relationships are currently stable at a very low level (AA 11.2018b).

Swell:

AA - Federal Foreign Office (September 18, 2018): Report on the asylum and deportation-relevant situation in the Republic of India

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

AA - Foreign Office (11.2018b): India, Foreign Policy, https://www.auswaertiges-amt.de/de/aussenpolitik/laender/lösungen-node/-/206046, accessed on January 23, 2019

BBC - British Broadcasting Corporation (23.1.2018): India country profile - Overview,

http://www.bbc.co.uk/news/world-south-asia-12557384, accessed on January 29, 2019

BPB - Federal Agency for Political Education (12.12.2017):

Domestic Conflicts - India, http://www.bpb.de/internationales/weltweit/innerstaatliche-konfligte/215390/ Indien, accessed on October 23, 2018

GIZ - German Society for International Cooperation GmbH (3.2018a): India, https://www.liportal.de/haben/geschichte-staat/, accessed on October 11, 2018

ÖB - Austrian Embassy New Delhi (12.2018):

Asylum Country Report India - Working Version

SATP - South Asia Terrorism Portal (13.1.2019): Data Sheet - India Fatalities: 1994-2019,

http://www.satp.org/satporgtp/countries/india/database/indiafatalities.htm, accessed on January 23, 2019

Punjab

According to the Indian Ministry of the Interior on the numbers of the census in 2011, 16 million of the 21 million Sikhs live in Punjab (MoHA undated).

Terrorism in Punjab almost came to a standstill in the late 1990s. Most of the high-profile members of the various militant groups have left the Punjab and operate from other Union states or Pakistan. They also receive financial support from Sikh groups in exile in western countries (ÖB 12.2018).

Pakistan's illegal arms and drug trafficking in Indian Punjab has tripled recently. In May 2007 the Indian secret service became aware of plans by the Pakistani secret service, Inter-Services-Intelligence (ISI), which, together with the Sikh group Babbar Khalasa International (BKI) and other militant Sikh groups, carried out attacks on cities in the Punjab ( Jalandhar, Ludhiana, Pathankot) intended. The security authorities in Punjab have so far been able to successfully neutralize the burgeoning revival of the militant Sikh movement (ÖB 12.2018). In Jammu and Kashmir, Punjab and Manipur, the authorities have special powers to search for and detain people without an arrest warrant (USDOS April 20, 2018; cf. BBC October 20, 2015). According to human rights reports, there are regular cases of human rights violations in Punjab, especially by the security authorities (extrajudicial killings, arbitrary arrests, torture in police custody, death as a result of torture, etc.) (ÖB 12.2018).

The State Commission on Human Rights in Punjab has intervened in a series of serious human rights violations committed by the security forces. In many cases, the authority was obliged to make compensation payments. The Human Rights Commission receives 200-300 complaints about human rights violations every day and is overwhelmed in its capacity. Often undercast or casteless are victims of police arbitrariness (ÖB 12.2018).

In addition to the forms of violence listed, honor killings continue to be a problem, especially in the northern states of Haryana and Punjab (USDOS April 20, 2018).

Belonging to the Sikh religion is not a criterion for arbitrary police acts. The Sikhs, 60 percent of the Punjab's population, make up a significant proportion of the officials, judges, soldiers and security forces there. High-ranking positions are also open to them (ÖB 10.2017).

In India, freedom of movement and settlement is legally guaranteed and practically respected by the authorities; In some border areas, however, special residence permits are necessary. Sikhs from the Punjab have the opportunity to settle in other parts of the country, Sikh communities are scattered throughout the country. Sikhs can practice their religion in any part of the country without restriction. Active members of banned militant Sikh groups such as Babbar Khalsa International must expect police persecution (ÖB 10.2017).

Swell:

AI - Amnesty International (February 22, 2017): Amnesty International Report 2016/17 - The State of the World's Human Rights - India, https://www.ecoi.net/de/dokument/1394309.html, accessed on November 6, 2018

BBC - British Broadcasting Corporation (October 20, 2015): Why are Indian Sikhs angry ?, http://www.bbc.com/news/world-asia-india-34578463, accessed October 18, 2018

MoHA - Government of India, Ministry of Home Affairs, Office of the Registrar General & Census Commissioner, India (oD): C-1 Population By Religious Community, http://www.censusindia.gov.in/2011census/C-01 .html, accessed on October 18, 2018

ÖB - Austrian Embassy New Delhi (12.2018):

Asylum Country Report India - Working Version

USDOS - US Department of State (April 20, 2018): Country Report on Human Rights Practices 2015 - India,

https://www.ecoi.net/de/dokument/1430388.html, accessed on October 18, 2018

USDOS - US Department of State (May 29, 2018): 2015 Report on International Religious Freedom - India, https://www.ecoi.net/de/dokument/1436757.html, accessed on October 23, 2018

General human rights situation

India signed the Universal Declaration of Human Rights in 1948 (AA September 18, 2018). National legislation on human rights matters is broad. All important human rights are constitutionally guaranteed (ÖB 12.2018). However, the implementation of these guarantees is often not fully guaranteed (AA September 18, 2018). However, a number of security laws limit the rule of law guarantees, e.g. the right to a fair trial. These laws were tightened after the Mumbai terrorist attacks in November 2008; i.a. the presumption of innocence was suspended for certain criminal offenses. Particularly in unrest areas, the security forces have extensive powers to combat secessionist and terrorist groups, which are often used excessively. There are credible reports of extrajudicial killings (AA September 18, 2018).

The main human rights problems are abuse by police and security forces, including extrajudicial executions, torture and rape. Corruption remains widespread and contributes to the ineffective fight against crime, in particular crimes against women, children and members of registered castes and tribes as well as social violence based on gender, religion, caste or tribal affiliation (USDOS April 20, 2018).

A generalized assessment of the human rights situation is hardly possible for India: Drastic violations of fundamental rights and deficits in the rule of law coexist with extensive civil liberties, progressive laws and committed initiatives by civil society. Above all, the reality of the lower social classes, who make up the majority of the population, is often characterized by violations of fundamental rights and discrimination (AA September 18, 2018). Many human rights violations in India remain rooted in social practices such as the caste system (AA September 18, 2018). Women, members of ethnic and religious minorities and lower castes are systematically discriminated against (BICC 12.2018). While civil and human rights are largely respected by the government, the situation in regions where there are internal conflicts is sometimes very bad. This is especially true in Jammu and Kashmir and the northeast of the country. The security forces, but also the non-state armed groups, be they separatist organizations or militias loyal to the government, are accused of massive human rights violations. The military and paramilitary forces are charged with kidnapping, torture, rape, arbitrary arrest and extrajudicial executions. The security forces are accused of partiality, particularly with regard to the tensions between Hindus and Muslims, which led to thousands of deaths in 2002. The mood is fueled by Hindu nationalist parties, which are also represented in the government (BICC 12.2018).

Separatist rebels and terrorists in Jammu and Kashmir, the northeastern states and the "Maoist Belt" committed serious human rights violations, including the killings of civilians, police officers, the armed forces and government officials. Insurgents are responsible for numerous cases of kidnapping, torture, rape, extortion and the use of child soldiers (USDOS April 20, 2018).

In some states, the law restricts religious conversion, restrictions on freedom of movement persist (USDOS April 20, 2018).

Swell:

AA - Federal Foreign Office (September 18, 2018): Report on the asylum and deportation-relevant situation in the Republic of India

BICC - Bonn International Center for Conversion (12.2018):

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

http://www.ruestungsexport.info/user/pages/04.laenderberichte/haben/2018_lösungen.pdf, accessed on January 29, 2019

ÖB - Austrian Embassy New Delhi (12.2018: Asylum Country Report India - Working Version

USDOS - US Department of State (April 20, 2018): Country Report on Human Rights Practices 2015 - India,

https://www.ecoi.net/de/dokument/1430388.html, accessed on October 18, 2018

Freedom of assembly and association, opposition

The law guarantees freedom of assembly and association and the government generally respects these rights (USDOS 4/20/2018). While there are some restrictions on the freedom of assembly and association - such as a provision in the Code of Criminal Procedure that authorizes the authorities to restrict freedom of assembly and impose curfew when "immediate prevention or quick remedial action" is required - peaceful protests take place regularly (FH 27.1 .2018).

An application for holding meetings and demonstrations must be submitted in advance to the relevant local authorities. Applications are occasionally rejected, for example in Jammu and Kashmir, where the authorities sometimes do not issue permission for separatist groups (ÖB 12.2018) and the security forces sometimes arrest or attack members of political groups that take part in peaceful protests (USDOS 20.4.2018). In times of unrest in Jammu and Kashmir, the authorities use the Code of Criminal Procedure to ban public gatherings or to impose curfews (USDOS April 20, 2018).

Union strikes and public protests can paralyze all public life in the affected area and lead to violence. However, trade unions play a relatively minor role in India as only about 8 percent of Indian workers are unionized. The "Essential Services Maintenance Act" allows the government to ban strikes in state-owned companies (ÖB 12.2018)

In principle, the political opposition can operate freely. The state and national elections to community assemblies, city councils, and parliaments are free, equal, and secret. Irrespective of problems resulting from the size of the country, widespread poverty or high illiteracy rate and local manipulations, they are carried out correctly according to international observers. Obstacles of the opposition occur particularly at regional and municipal level, e.g. through limited police protection for politicians, refusal of permits for election campaign events, physical assaults by supporters of other parties. Such incidents are picked up by the press and can be addressed by the political parties in a publicly effective manner. As a rule, they also result in sanctions from the independent and respected state election commission ("Election Commission of India") (AA September 18, 2018).

The most important opposition party in terms of number of MPs is the Congress Party (Indian National Congress - INC) after its defeat in the last general election. At the beginning of December 2017, she completed the long-awaited change in leadership from Sonia Gandhi to her son Rahul. However, the party has still not found its way out of the crisis and is having a hard time holding its own against popular Prime Minister Modi and his BJP. The communist parties of India were also further weakened in the last parliamentary elections in 2014; together they only got ten seats. In recent years, a number of regional parties have gained in profile and influence, such as the All India Trinamool Congress (TMC) from West Bengal under the dynamic Chief Minister Mamata Banerjee and the Biju Janata Dal (BJD) from Odisha. Their party leaders have successfully distinguished themselves as heads of government in their states in recent years (AA 11.2018a).

India has a diverse political landscape. In addition to the large national parties Congress (in its roots socialist-inspired national collection movement), Bharatiya Janata Party (BJP, Hindu-nationalist) and supraregional communist parties, there is a large number of regional parties that form state governments in individual states alone or in coalitions but are also of political importance at the national level (AA September 18, 2018).

Each officially recognized party is classified as either a federal or a regional party. If a regional party is officially recognized in more than four states, it is given federal party status. Major Indian parties include the Indian National Congress (INC), Bharatiya Janata Party, Bahujan Samaj Party (BSP), Communist Party of India and Communist Party of India (Marxist). Well-known and influential regional parties are Telugu Desam Party (TDP) in Andhra Pradesh, Muslim League in Kerala, Shiv Sena in Maharashtra, Dravida Munnetra Kazhagam in Tamil Nadu and Samajwadi Party in Uttar Pradesh (GIZ 3.2018).

Swell:

-AA - Federal Foreign Office (September 18, 2018): Report on the asylum and deportation-relevant situation in the Republic of India

-AA - Foreign Office (11.2018a): India - domestic policy, https://www.auswaertiges-amt.de/de/aussenpolitik/laender/lösungen-node/-/206048, accessed on December 17, 2018

-GIZ - German Society for International Cooperation GmbH (3.2018a): India, https://www.liportal.de/haben/geschichte-staat/, accessed on October 11, 2018

-FH - Freedom House (27.1.2018): Freedom in the World 2018 - India, https://www.ecoi.net/de/dokument/1142635.html, accessed on 22.10.2018

-ÖB - Austrian Embassy New Delhi (12.2018):

Asylum Country Report India - Working Version

-USDOS - US Department of State (April 20, 2018): Country Report on Human Rights Practices 2015 - India,

https://www.ecoi.net/de/dokument/1430388.html, accessed on October 18, 2018

death penalty

The Indian government repealed the unofficial memorandum on the death penalty in 2012 (HRW 11/22/2012). Around 60 offenses under various laws and the Indian Penal Code allow the death penalty to be imposed. In military laws, the death penalty has been provided as a standard punishment for serious cases of collaboration, mutiny and desertion, and since the end of 2014 also for violent aircraft hijacking resulting in death. In addition, there are different laws of the individual states. Neither the Indian government nor the individual Union states keep statistics on those sentenced to death (AA September 18, 2018).

Any criminal court can impose the death penalty. The Supreme Court has drawn up a restrictive case law on the imposition of the death penalty, according to which it can only be imposed under two strict conditions: The act must be extremely serious ("rarest of the rare cases"), and the perpetrator has no prospect of rehabilitation ( AA September 18, 2018). However, a survey by the renowned National Law University in May 2016 showed that the death penalty continues to be imposed continuously by local criminal courts; the total number of prisoners on death row is currently approximately 400

1,468 death sentences imposed; Of these, around 30 percent were acquitted in the next instance, only around five percent of the death sentences were confirmed in the last instance. The NLU last put the total number of prisoners on death row (as of December 31, 2017) at 371 (AA September 18, 2018).

Those sentenced to death have the right to submit a petition for clemency. The right of pardon is available to the state president or the governor of the respective federal state, depending on the instance. In January 2014, the Supreme Court qualified an excessively long, unjustifiable duration of the pardon proceedings as unconstitutional. The death sentences of 15 people were then commuted to life imprisonment. In addition, the court ruled that such a conversion must also take place in the event of the offender's mental illness - regardless of the time of the illness (AA September 18, 2018).

In August 2015, the Law Commission of India recommended the abolition of the death penalty, with the exception of crimes related to terrorism and incitement to war of aggression. Since large parts of parliament and the population in India continue to support the death penalty, its abolition is not to be expected anytime soon. In 2017, the scope of the death penalty was further expanded both at the national level (for abduction and kidnapping) and in individual states. On April 21, 2018, the government issued a decree allowing the use of the death penalty for rape of children under the age of 12 (AA September 18, 2018).

In 2015, the death penalty was imposed in more than 75 cases (AI April 6, 2016; see HRW January 18, 2018), but only one person was actually executed (AI April 6, 2016). No death sentences were carried out in India in 2016 and 2017 (AI April 12, 2018; see AI April 11, 2017). However, 136 people were sentenced to death in 2016 (HRW January 18, 2018) and a total of 109 people in 2017 (AI April 12, 2018). Around 400 to 500 prisoners are on death row (HRW January 18, 2018; cf. DW 5.5.2017).

Swell:

AA - Federal Foreign Office (September 18, 2018): Report on the asylum and deportation-relevant situation in the Republic of India

AI - Amnesty International (April 12, 2018): Death sentences and executions in 2017,

http://www.amnesty-todesstrafe.de/files/ACT50-7955-2018_laenderuebersicht.pdf, accessed on October 29, 2018

AI - Amnesty International (April 6, 2016): death sentences and executions in 2015,

https://www.ecoi.net/en/file/local/1050646/1226_1466066825_act5034872016english.pdf, accessed on October 29, 2018

DW - Deutsche Welle (May 5, 2017): Group rape and murder:

Supreme Court of India confirms the death penalty, https://www.dw.com/de/gruppenvergewaltigung-und-mord-oberstes-gericht-indiens-best%C3%A4tigt-todesstrafe/a-38717281, accessed on October 29, 2018

HRW - Human Rights Watch (January 18, 2018): World Report 2018 - India, https://www.ecoi.net/de/dokument/1422455.html, accessed on October 23, 2018

HRW - Human Rights Watch (November 22, 2012): India: Reinstate Moratorium on Death Penalty,

https://www.hrw.org/news/2012/11/22/india-reinstate-moratorium-death-penalty, accessed on October 29, 2018

Religious freedom

The constitution guarantees religious freedom (USDOS May 29, 2018; cf. AA September 18, 2018), orders a secular state, calls on the state to treat all religions impartially and forbids discrimination on a religious basis. National and federal law, however, grant freedom of religion subject to public order, health and morals (USDOS May 29, 2018). Protection includes both internal freedom of belief and the exercise and in principle also the spread of religion (AA September 18, 2018). Religious freedom is generally respected in practice (FH January 27, 2018) and hardly restricted (AA September 18, 2018). Prime Minister Modi committed himself to freedom of religion and the equality of all religions in February 2015 (AA April 25, 2015). Violent clashes between the religious groups are not tolerated by the government (AA April 25, 2015). The peaceful coexistence in multi-ethnic, multi-religious India is the norm, but in some Union states religious minorities are repeatedly the target of fundamentalist fanatics, often with the support of local politicians (ÖB 12.2018). The existing tensions have also led to massive outbreaks of violence in the past (2013 in Muzzafarnagar / Uttar Pradesh with more than 40 deaths) (AA September 18, 2018). There have been reports of sectarian killings, assaults, riots, forced conversions, actions that seek to give individuals the right to change their religious beliefs, as well as discrimination and vandalism. There are also threats and attacks by Hindu nationalists on Muslims and Christians as well as the destruction of their property due to their beliefs and in the course of disputes over the local location of churches and mosques (USDOS 29.5.2018).

The largest religious groups, based on their share of the total population in the 2011 census, are Hindus (79.8 percent), Muslims (14.2 percent), Christians (2.3 percent) and Sikhs (1.7 percent ) (CIA Factbook January 15, 2019). Muslims, Sikhs, Christians, Parsis, Janais and Buddhists are legally recognized minority groups among the religious groups (USDOS May 29, 2018; see AA September 18, 2018), whose representatives sit on a state national minority commission. In addition, there is an almost unmanageable number of different indigenous ethnic groups with their own animistic rites (called "Adivasis"), and the numerically small Jewish and Baha'i communities (AA September 18, 2018). The law states that the government protects the existence of these religious minorities and favors conditions for the promotion of their individual identities. State governments are empowered to legally grant minority status to religious groups (USDOS May 29, 2018).

Legislation in several Hindu majority states forbids religious conversion by coercion or "lure", which can be interpreted very broadly to persecute missionaries. Some states require government approval for conversion (FH January 27, 2018). Eight of the 29 states (Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha and Rajasthan) have anti-conversion laws. Foreign missionaries of any religious affiliation require "missionary visa" (USDOS 29.5.2018).

The National Commission on Minorities, which includes representatives of the six designated religious minorities and the National Human Rights Commission, is investigating allegations of religious discrimination. The Ministry of Minority Affairs is also empowered to investigate. However, these bodies do not have any enforcement powers, but rather attach their findings to investigations based on written complaints by complainants who allege criminal or civil violations, and submit their results to the law enforcement authorities for comment. Eighteen of the country's 29 states and the National Capital Territory of Delhi have state minority commissions that also investigate allegations of religious discrimination (USDOS May 29, 2018).

Violence against religious minorities became an increasing threat in India in 2017 (HRW 18.1.2018). In 2018, the government failed to prevent or credibly investigate the growing violence against religious minorities - often by groups that claim to support the ruling Bharatiya Janata Party (BJP). At the same time, some high-ranking figures of the BJP publicly supported the perpetrators of such crimes, giving hate speech against minority groups and supporting Hindu supremacy and ultra-nationalism, which leads to further violence (HRW January 17, 2019).

Civil status laws only apply to certain religious communities in matters of marriage, divorce, adoption and inheritance. The government grants considerable autonomy to civil status bodies in drafting these laws. The Hindu, Christian, Parsi and Islamic civil status laws are legally recognized and legally enforceable (USDOS May 29, 2018). In family law, both Muslims and Christians enjoy special freedoms that enable them to observe their traditions (AA September 18, 2018).

The election victory of the Hindu nationalist BJP in 2014 sparked an intense public discussion about the tension between the values ​​of a secular constitution and a population that is in part deeply religious; the debate on religiously motivated violence is lively and controversial (AA September 18, 2018). According to official information, the number of violent clashes between religious groups increased in 2017: Compared to the previous year (2017: 706 cases) to 822 recorded cases with a total of 111