India

Cluster Munition Ban Policy

Last updated: 08 July 2019

Summary: Non-signatory India acknowledges the humanitarian concerns associated with cluster munitions, but views them as legitimate weapons and has not taken any steps to join the convention. India has never attended a meeting of the convention. It abstained from voting on a key United Nations (UN) resolution on the convention in December 2018.

India produces and exports cluster munitions. It has imported cluster munitions, but is not known to have used them. India has not disclosed information on its stockpiled cluster munitions.

Policy

The Republic of India has not acceded to the Convention on Cluster Munitions.

India has never made a statement detailing its position on acceding to the ban convention. It has acknowledged humanitarian concerns at the “irresponsible use” of cluster munitions, but views them as “legitimate” weapons if used in accordance with international humanitarian law. [1]

India did not participate in the Oslo Process that produced the Convention on Cluster Munitions. [2]

India has never participated as an observer in a meeting of the convention. It was invited to, but did not attend, the convention’s Eighth Meeting of States Parties in Geneva in September 2018.

In December 2018, India abstained from the vote on a key UN General Assembly (UNGA) resolution on the Convention on Cluster Munitions, which urges states outside the convention to “join as soon as possible.” [3] India has never explained why it has abstained from the vote on the annual UNGA resolution promoting the convention since it was first introduced in 2015.

India is not party to the Mine Ban Treaty.

India is a party to the Convention on Conventional Weapons (CCW) and its Protocol V on explosive remnants of war. [4] India still regrets the 2011 failure by states to adopt a CCW protocol on cluster munitions. [5] This concluded CCW deliberations on the matter, leaving the Convention on Cluster Munitions as the sole international instrument dedicated to ending the suffering caused by these weapons.

Use, production, transfer, and stockpiling

The Monitor has not been able to verify any use of cluster munitions by India, but it imports, produces, and exports cluster munitions.

Production

India has produced cluster munitions delivered by ground-launched artillery projectiles, rockets, and missiles. It is not known to have developed or produced air-dropped cluster munitions.

India is one of the few countries currently manufacturing cluster munitions and production appears to be ongoing in 2019. Purchase order records retrieved from a publicly accessible online government transaction database list at least one company providing components for 130mm “Cargo Shells.” Components were produced under contract and supplied to the Ordnance Factory Chandrapur in Maharashtra state. [6] Orders indicated that production may continue until June 2021.

State-owned India Ordnance Factories continue to advertise their capacity to produce for export 130mm and 155mm artillery projectiles containing dual-purpose improved conventional munition (DPICM) submunitions equipped with a self-destruct feature. [7]

It had been previously reported that ground-delivered cluster munitions were supposed to be produced at Khamaria Ordnance Factory near Jabalpur in Madhya Pradesh as the result of a transfer of production technology from Israel Military Industries. [8] In response to a Right to Information request, a Ministry of Defense official stated in 2012 that India does not produce 130mm and 155mm artillery containing DPICM submunitions, but acknowledged a 130mm version was being developed. [9]

The Defense Research and Development Organization (DRDO) of India’s Ministry of Defense has produced a cargo rocket containing antitank/antimaterial submunitions for the 214mm Pinaka multi-barrel rocket launcher system. [10] In June 2015, a DRDO official told media that submunition warheads for the Pinaka system had been tested at a firing range in Pokhran, Rajasthan. [11] Other sources claim that warheads containing submunitions were developed for the Agni, Dhanush, and Prithvi ballistic missile systems. [12]

Transfer

India has imported cluster munitions from the United States (US) and other countries. The US announced a sale to India in 2008 of 510 air-delivered CBU-105 Sensor-Fuzed Weapons. [13] In 2010, US arms manufacturer Textron announced a US$258 million contract to provide India with 512 CBU-105. [14] In May 2019, Indian Air Force Jaguar aircraft used at least two CBU-105 bombs during tests at the Pokhran Test Firing Range in Jaisalmer. [15]

Jane’s Information Group lists India as possessing KMG-U dispensers, as well as United Kingdom (UK)-made BL755, BLG-66 Belouga made in France, and Soviet-produced RBK-250-275, and RBK-500 cluster bombs. [16] In 2006, India bought 28 launch units for the Russian-produced 300mm Smerch multi-barrel rocket launchers with rockets equipped with dual-purpose and sensor-fuzed submunitions. [17]

A private Indian arms manufacturer listed components for cluster munitions in a sales catalog displayed at a February 2017 IDEX defense event in Abu Dhabi. [18] In June 2018, the same manufacturer displayed components for cluster munitions at the Eurosatory defense event in Paris. [19]

In February 2017, Russia displayed its RBK-500U SPBE-K cluster bomb, which contains 15 SPBE-K sensor-fuzed submunitions, at a military exhibition in Bangalore called “Aero India 2017.” [20] In February 2013, Textron displayed the CBU-105 at an arms fair in Bangalore, India. [21]

According to NGO PAX’s December 2018 report “Worldwide Investments in Cluster Munitions: a shared responsibility,” the Indian investment firms Housing Development Finance Corporation, Industrial Development Bank of India, State Bank of India, and Yes Ban are involved in investments in the production of cluster munitions. [22]



 [1] Statement of India, Convention on Conventional Weapons (CCW) Fourth Review Conference, Geneva, 14 November 2011. India has often made similar statements in the past. Statement of India, CCW Group of Governmental Experts (GGE) on Cluster Munitions, Geneva, 30 August 2010. Notes by Action on Armed Violence (AOAV); and statement of India, CCW GGE on Cluster Munitions, Geneva, 12 April 2010. Notes by AOAV.

 [2] After the Convention on Cluster Munitions was adopted in May 2008, India sent a representative to a regional meeting on cluster munitions held in Lao PDR in October 2008. For more details on India’s policy and practice regarding cluster munitions through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 208–210.

 [3]Implementation of the Convention on Cluster Munitions,” UNGA Resolution 73/54, 5 December 2018.

 [4] Statement by Amb. Hamid Ali Rao, Permanent Mission of India, Conference on Disarmament, CCW GGE on Cluster Munitions, Geneva, 7 July 2008. He said that “until [cluster munitions] can be replaced by other alternatives which are cost effective and perform the required military tasks, [cluster munitions] will continue to find a place in military armories as both point target as well as area target weapons.”

 [5] Statement of India, CCW Fifth Review Conference, Geneva, 12 December 2016. See also, statement of India, CCW Meeting of the High Contracting Parties, Geneva, 12 November 2015; statement of India, CCW Meeting of the High Contracting Parties, Geneva, 13 November 2014; and statement of India, CCW Meeting of the High Contracting Parties, Geneva, 14 November 2013.

 [6] Sandeep Metalkraft Pvt Ltd. of Maharastra was listed as having concluded contract for production of components for 130mm cargo projectiles on the Indian Ordnance Factories Purchase Orders on 12 April 2019.

 [7] The 130mm projectile contains 24 submunitions, and the 155mm projectile contains 49 submunitions. See, India Ordnance Factories website.

 [8]Ordnance Board to produce ‘cargo ammunition’ with Israeli company,” The Hindu (online edition), 2 August 2006.

 [9] According to the response, India did not produce any cluster munitions in 2011. Response to Right to Information request submitted by Control Arms Foundation of India from T.J. Konger, Director and Central Public Information Officer, Ordnance Factory Board, Ministry of Defense, 6 June 2012.

 [10] Leland S. Ness and Anthony G. Williams, eds., Jane’s Ammunition Handbook 2007–2008 (Surrey, UK: Jane’s Information Group Limited, 2007), p. 715.

 [12] Duncan Lennox, ed., Jane’s Strategic Weapons Systems 46 (Surrey, UK: Jane’s Information Group Limited, January 2007), pp. 49–56 and 85–87; and Duncan Lennox, ed., Jane’s Strategic Weapons Systems 42 (Surrey, UK: Jane’s Information Group Limited, January 2005), pp. 85–87.

 [13] US Defense Security Cooperation Agency, Department of Defense, “India: CBU-105 Sensor Fuzed Weapons,” Transmittal No. 08-105, Press Release, 30 September 2008. The US has attached a term to the transfer, in compliance with Public Law 110-161 (26 December 2008), which requires that the submunitions have a 99% or higher reliability rate and stipulates that “the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present.”

 [14] Craig Hoyale, “India signs Sensor Fused Weapon deal,” Flightglobal, 10 December 2010; and Craig Hoyale, “AERO INDIA: Textron launches production of CBU-105 sensor fuzed weapon for India,” Flightglobal, 10 February 2011.

 [15]IAF successfully test-fires anti-tank guided bomb,” Times of India, 19 May 2019.

 [16] Robert Hewson, ed., Jane’s Air Launched Weapons, Issue 44 (Surrey, UK: Jane’s Information Group Limited, 2004), p. 840. While there is no information about specific transfers, the manufacturers are the UK (BL-755), France (BLG-66), and Russia/USSR (RBKs).

 [17] “India, Russia sign $500 mn [sic] rocket systems deal,” Indo-Asian News Service (New Delhi), 9 February 2006. Each Smerch rocket can carry five sensor-fuzed submunitions and either 72 or 646 dual-purpose high explosive submunitions.

 [18] Hyderabad Precision Mfg. Co. Pvt. Ltd. brochure/information, obtained from IDEX February 2017, on file in Omega Research Foundation archive.

 [19] Event organizers requested that they alter their display, but the caption “Cargo Ammunition for 130&155mm Gun - bomblet assembly” remained visible at the event. See, Omega Research, also Hyderabad Precision Mfg. Co. Pvt. Ltd. brochure/information, obtained from Eurosatory, June 2018, on file in Omega Research Foundation archive.

 [20] Rahul Udoshi, Janes 360, “Aero India 2017: Bazalt pushes bombs and rockets to India,” 15 February 2017.

 [21] Photographs from Aero India 2013 sent to Control Arms Foundation of India by a journalist at the event. Email from Binalakshmi Neepram, Director, Control Arms Foundation of India, 6 February 2013.

 [22] PAX, Worldwide Investments in Cluster Munitions: a shared responsibility (Utrecht, December 2018), pp. 32–33.


Mine Ban Policy

Last updated: 23 September 2019

Policy

The Republic of India has not acceded to the Mine Ban Treaty.

In November 2018, India repeated that it “supports the vision of a world free of anti-personnel mines. Our presence as Observers in this and previous meetings of States Parties since 2004 is a demonstration of our support towards this goal.”[1] In October 2017, India reiterated its long-held position that the Amended Protocol II of the Convention on Conventional Weapons (CCW) “enshrines the approach of taking into account legitimate defence requirements of states with long borders.” India has previously offered the same explanation each year, stating it “supports the vision of a world free of anti-personnel mines” and that the “availability of cost-effective alternative military technologies that can perform the legitimate defensive role played by anti-personnel landmines will considerably facilitate the goal of the complete elimination of anti-personnel mines.”[2]

India attended, as an observer, the convention’s Third Review Conference in Maputo in September 2014. India sent an observer to the Mine Ban Treaty Seventeenth Meeting of States Parties in Geneva in December 2018, but did not attend the intersessional meetings in June 2019.

On 15 December 2018, India abstained from voting on United Nations General Assembly (UNGA) Resolution 73/61 calling for universalization and full implementation of the Mine Ban Treaty, as it has on similar annual resolutions since 1997.

Subsequent to a bilateral meeting with the delegate of India to the Vienna Meeting of States Parties, at the invitation of the delegate, the ICBL sent a Note Verbale to the government of India regarding its concerns about the Mine Ban Treaty and requesting the government of India consider undertaking a comprehensive policy review, with both military and civil input, on its use of antipersonnel landmines.[3] In February 2018, much of the material and suggestions within the Note Verbale were published in the Indian media.[4] In April 2018, a major newspaper in Jammu & Kashmir called on both India and Pakistan to join the Mine Ban Treaty.[5]

India is party to the CCW and its Amended Protocol II on landmines and Protocol V on explosive remnants of war. It is not party to the Convention on Cluster Munitions.

Production, transfer, and stockpiling

India is one of the few countries still producing antipersonnel mines. India states that all production is authorized and controlled by government agencies.[6] Production of antipersonnel mines appeared to be ongoing in 2016, 2017, and to some extent in 2018 and 2019. Purchase order records retrieved from a publicly accessible online government transaction database, list at least a dozen private companies providing components of M-16, M-14, and APER-1B antipersonnel mines to the Indian Ordnance Factories.[7] Components were produced under these contracts and supplied to the Ammunition Factory Khadki and Ordnance Factory Chandrapur, both in Maharashtra state, and Ordnance Factory Dum Dum in West Bengal.[8] Orders indicated that production may have continued into 2019.[9] In September 2018, Indian military officials confirmed to the Monitor that production of completed mines remains under the Indian Ordnance Factories, a state enterprise.[10]

Previously, during 2010 and into 2011, the Indian Ordnance Factory Board produced M14 and M16 antipersonnel mines. The quantities produced are not known.[11] In 2007–2008, India produced at least five types of mines, including two types of antipersonnel mines (AP NM-14 and AP NM-16) and two types of antivehicle mines (AT ND 1A and AT ND 4D), as well as the APER 1B mine (a type unknown to the Monitor).[12]

In November 2018, India reaffirmed its commitment to a moratorium on export and transfer of anti-personnel mines that has been in place since May 1996.[13] It has previously stated that it favors an outright ban on the transfer of antipersonnel mines even to States Parties of CCW Amended Protocol II.[14] However, in June 2018, a private Indian arms manufacturer advertised a “bounding mine with fuze” in its sales catalogue at the Eurosatory military trade event in Paris. On the second day of the event, Eurosatory organizers ordered the display booth of the Indian company closed, and removed their entry at the event from the online catalogue.[15] Previously in February 2017, the same Indian arms manufacturer had components for bounding fragmentation antipersonnel landmines listed within their sales catalogue on display at the IDEX military trade event in Abu Dhabi.[16] Five Mine Ban Treaty States Parties have reported Indian-made mines in their stockpiles: Bangladesh, Bhutan, Mauritius, Sudan, and Tanzania. India has previously denied that any transfer of mines to these countries took place.[17]

In 1999, the Monitor estimated that India stockpiled between four and five million antipersonnel mines, one of the world’s largest stockpiles.[18] India has neither confirmed nor denied this estimate. In March 2008, Brigadier Vijay Sharma, former Deputy Director of the Directorate of Military Operations, stated that India does not possess mines that can detonate in the presence of mine detectors and does not possess—nor is it designing—any mine with antihandling characteristics.[19] However, Indian Ordnance Factory produces a non-detectable antivehicle mine with an “anti-removal” fuze.[20] An address by a military commander to army sappers (engineers), reported by the press in September 2010, stated, “After India became a signatory to a UN convention on landmine [sic], we are compulsorily putting a steel rod measuring a few inches in each mine so that it can be detected during demining operations.”[21]

Use

Government

India’s last major use of antipersonnel mines took place between December 2001 and July 2002, when the Indian Army deployed an estimated two million mines along its northern and western border with Pakistan in Operation Parakram.[22]

In April 2010, in response to a Right to Information Act (RTI) request, India stated that the army had not laid any mines during 2008 or 2009.[23] Officials did not respond to a later RTI request. Indian officials have also previously stated on many occasions that “There is no minefield or mined area in any part of India’s interiors” but have acknowledged that “minefields are laid, if required, along the border areas as part of military operations.”[24] However, in previous years, injuries from mines planted near military bases within Jammu and Kashmir state were reported.[25] In December 2018, the National Herald documented monthly casualties along the Line of Control (LoC) with Pakistan, primarily Indian Army soldiers, but also porters employed by the army and civilians.[26]

Some Indian Army officials have said that infiltration of Kashmiri militants across the LoC between Pakistani- and Indian-administered sections of Kashmir is the main rationale for mines laid along the LoC, as well as the international border.[27] The Monitor has previously reported mine use in counter-insurgency operations in Kashmir.[28] Civilians continued to be killed and injured by mines in Kashmir in 2018. (See Casualties section).[29]

Non-state armed groups

In the first half of 2019, there were multiple reports of the use of landmines and improvised explosive devices (IEDs) by non-state armed groups. Maoist insurgent groups as well as alleged cross-border terrorist groups within Pakistan were attributed to the attacks, many of which resulted in civilian and military casualties. The attacks were reported in the border region of Jammu and Kashmir, as well as in the states of Maharashtra and Andhra Pradesh.[30]

In January 2018, a wild elephant was injured by a landmine in the Latehar district, Jharkhand state, allegedly laid by Communist Party of India-Maoist (CPI-M).[31] Previously, in September 2017, an elephant was killed after it stepped on a landmine also attributed to the CPI-M in the same area of Jharkhand state.[32] In July 2017, the Deputy Inspector General of Police in Chhatisgarh state informed the state news agency that “Pressure IEDs planted randomly inside the forests in unpredictable places, where frequent de-mining operations are not feasible, remain a challenge.”[33] The use of these victim-activated improvised mines was attributed by the police to the CPI-M and its armed wing, the People’s Liberation Guerrilla Army.[34] In May 2017, India’s Central Reserve Police Force (CRPF) recovered a cache of 53 landmines, with 500 grams of explosive, in Jharkhand state. In December 2016, the CRPF recovered a cache of 120 landmines, with between 800–1,000 grams of explosive, also in Jharkhand state.[35]

Previous Landmine Monitor reports have documented widespread use by the CPI-M of command-detonated IEDs.[36] These were frequently reported as “landmines” in the media and specialized reports on the conflict, but it has not always been possible to determine the mechanism of explosive devices from news reports.[37]

In June 2018, a cache of landmines, believed to have been hidden by the former LTTE (Liberation Tigers of Tamil Eelam) of Sri Lanka, was found during a construction project in Tamil Nadu.[38]

In a previous response to an RTI request by the Landmine Monitor regarding landmine use by non-state armed groups (NSAGs), a Ministry of Home Affairs official, referring to the NSAG Naxal, wrote, “The naxal affected area are prone to IEDs planted by naxal operation.” He further noted that “detection and disposal of IEDs is carried out by the state police/Central Armed Police Forces allotted to the affected states. Army units have not been tasked to deal with Naxal-related problem.”[39]

In 2018 and early 2019, there were no allegations of landmine use by insurgents in the northeastern states of India or in Jammu & Kashmir state. No NSAGs have declared a ban on mine use in recent years.[40]



[1] Statement of India, Mine Ban Treaty Seventeenth Meeting of States Parties, Geneva, 26 November 2019. This statement was virtually identical to its statement of the previous year.

[2] India, Explanation of Vote on Resolution L.40, 72nd Session, United Nations General Assembly (UNGA) First Committee, New York, 31 October 2017, UNGA, Official Records, A/C.1/72/PV26, p. 14/29. The statement is identical to statements in earlier years such as 2016, 2011, 2010, and 2009.

[3] As of September 2019, no official reply to the note was received. To the side of the CCW meeting, two representatives met informally with the Monitor but indicated that no such review was planned, and that they did not believe that the casualties indicated by the Monitor were accurate. Landmine Monitor meeting with Cmdr. Nishant Kumar, Ministry of External Affairs and Col. Sumit Kabthiyal, Ministry of Defence, CCW Group of Governmental Experts (GGE), Geneva, 27 August 2018.

[5]Sign the treaty now,” Greater Kashmir, 22 April 2018.

[6] CCW Amended Protocol II Article 13 Report, Form D, 4 December 2006. However, as reported by the Monitor in 2007, some of the production process appears to be carried out by commercial entities. See, Landmine Monitor Report 2007, p. 833. All subsequent Article 13 reports state that this statement is unchanged.

[7] Landmine Monitor has reviewed annually the listing of “current contracts” that states which commercial entity the contract was awarded to, which companies applied for consideration, the number of units, cost and total cost, when it is to be delivered by, plus other information. From Indian Ordnance Factories, “Purchase Orders,” through June 2019. Contracts are with one of three Indian Ordnance Factories located in Maharastra state or West Bengal state, where the mines are assembled with components from private companies. Presumably they produce and add the explosive charge here, as no vendor provides more than fuzes, bodies, and other parts.

[8] The following companies were previously listed as having concluded contract listed for production of components of antipersonnel mines on the Indian Ordnance Factories Purchase Orders between October 2016 and November 2017: Sheth & Co., Supreme Industries Ltd., Pratap Brothers, Brahm Steel Industries, M/s Lords Vanjya Pvt. Ltd., Sandeep Metalkraft Pvt Ltd., Milan Steel, Prakash Machine Tools, Sewa Enterprises, Naveen Tools Mfg. Co. Pvt. Ltd., Shyam Udyog, and Dhruv Containers Pvt. Ltd. In addition, the following companies had established contracts for the manufacture of mine components: Ashoka Industries, Alcast, Nityanand Udyog Pvt. Ltd., Miltech Industries, Asha Industries, and Sneh Engineering Works. Mine types indicated were either M-16, M-14, APERS 1B, or “APM” mines. From searching the Indian Ordnance Factories, “List of Registered Vendors,” undated.

[9] In December 2018 and January 2019, CIPET of Ahmedabad was listed as having concluded a contract for production of some component of an M-14 antipersonnel mine on the Indian Ordnance Factories Purchase Orders. In February 2018, Supreme Industries Ltd was listed as having concluded a contract for production of material for antipersonnel mines on the Indian Ordnance Factories Purchase Orders. However, no other orders were listed as concluded between December 2017 and September 2018 for antipersonnel mines. Components and materials for directional antipersonnel mines and antivehicle mines were also listed.

[10] Landmine Monitor meeting with Cmdr. Kumar, Ministry of External Affairs, and Col. Kabthiyal, Ministry of Defence, CCW GGE, Geneva, 27 August 2018.

[11] Email reply to Right to Information (RTI) request made by Control Arms Foundation of India, from Ordnance Factory Board, Ministry of Defence, 5 May 2011.

[12] Email reply to RTI request made by Control Arms Foundation of India on behalf of the Monitor, from Saurabh Kumar, Director, Planning and Coordination, Department of Defence Production, Ministry of Defence, 2 April 2009.

[13] India, Explanation of Vote on Resolution L.40, 72nd Session, UNGA First Committee, New York, 31 October 2017, UNGA, Official Records, A/C.1/72/PV26, p. 14/29; and statement of India, Mine Ban Treaty Seventeenth Meeting of States Parties, Geneva, 26 November 2019.

[14] Statement by Amb. Jayant Prasad, Eighth Annual Conference of States Parties to CCW Amended Protocol II, Geneva, 6 November 2006.

[15] Upon being alerted to Ashoka’s presence at the Eurosatory military trade fair, the ICBL contacted the French government regarding the sale catalogue’s antipersonnel mine. The brochure was observed on display at Eurodatory by Omega Research in June 2018. Emails from Omega Research, 11 & 12 June 2018. See also, Rachida El Azzouzi, “La planète guerrière défile à Eurosatory,” Mediapart, 15 June 2018.

[16] Ashoka Manufacturing Limited, “Marketing Brochure,” undated. Brochure was observed on display at IDEX by Omega Research in February 2017. Email from Omega Research, 7 November 2017.

[18] See, Landmine Monitor Report 1999, p. 467. The figure may no longer be accurate following the large number of mines planted along the Pakistani border in 2001 and 2002, or taking into consideration new production of mines.

[19] Control Arms Foundation of India, “Conference on the Indispensability of Anti-Personnel Mines for India’s Defence: Myth or Reality?” Conference Report, New Delhi, 26 March 2008, p. 75.

[20] Indian Ordnance Factory lists the mine as “Anti-Tank Mine 4D ND,” on “List of Registered Vendors,” undated.

[21] Shubhadeep Choudhury, “Pokhran debate will impact forces, says Army officer,” The Tribune, 21 September 2010.

[22] This was probably the most extensive use of antipersonnel mines anywhere in the world since the Mine Ban Treaty was negotiated and first signed in 1997. See, Landmine Monitor Report 2006, p. 898; Landmine Monitor Report 2004, pp. 976–977; and Landmine Monitor Report 2002, pp. 660–662.

[23] Reply to RTI request, made by Control Arms Foundation of India, from Lt.-Col. Rajesh Raghav, GSO-1RTI, Central Public Information Officer, Indian Army, 8 April 2010.

[24] Statement by Brig. S.M. Mahajan, Director of Military Affairs, Ministry of External Affairs, Fifth National Conference of the Indian Campaign to Ban Landmines (Indian CBL), New Delhi, 23–24 April 2008. This has been stated frequently in the past. See, Landmine Monitor Report 2007, p. 834; Landmine Monitor Report 2006, p. 898; and Landmine Monitor Report 2005, p. 716.

[25] In October 2011, a laborer stepped on a mine at the Khundru army camp in Anantnag district. “Army porter injured in landmine explosion,” Press Trust of India, 19 October 2011.

[26] Ashutosh Sharma, “Why are Indian landmines killing Indians?” National Herald, 9 December 2018.

[29] Between January and September 2018, mine casualties, both military and civilian, including civilians portering for the army, occurred more than once per month according to media monitoring by the Monitor.

[30] See, “Landmine blast near polling centre in Naxal-affected Maharashtra’s Gadchiroli,” India Today, 11 April 2019; also “Army officer defuses landmine in J-K’s Rajouri, second one kills him,” Hindustan Times, 16 February 2019; also “Maoists trigger landmine blast in Odisha, 2 SOG jawans injured,” The Times of India, 11 May 2019; also “Landmine kills at least 15 police in western India,” Reuters, 1 May 2019; “Army man injured in landmine blast in J&K’s Poonch district,” India TV, 7 June 2019; “One civilian killed in landmine blast,” Hans News Service, 1 April 2019; and “Police unearth four landmines in Visakhapatnam,” The Times of India, 30 May 2019.

[31]Hurt tusker hints at rebels,” The Telegraph, 15 January 2018.

[32] A.S.R.P. Mukesh, “Blast in tiger turf kills tusker,” The Telegraph, 21 September 2017.

[33] Tikeshwar Patel, “IEDs pose huge challenge in efforts to counter Naxals: police,” Press Trust of India, 24 July 2017.

[34] The CPI-M and a few other smaller groups are often referred to collectively as Naxalites. The Maoists also have a People’s Militia with part-time combatants with minimal training and unsophisticated weapons.

[35]Over 50 landmines recovered in Jharkhand,” Statesman, 16 May 2017; and “120 land mines found in Latehar forest,” Times of India, 12 December 2016.

[36] Command-detonated explosive devices are not considered antipersonnel mines or prohibited by the Mine Ban Treaty, but are subject, like all other weapons, to International Humanitarian Law.

[37] Requests for clarification on Naxal-made explosive devices to the India’s Central Reserve Police Force, and the CRPF’s Institute of IED Management in Pune, went unanswered.

[39] Email reply to RTI request made by Control Arms Foundation of India, from Sunil Kumar, Director (ANO), Indian Supreme Court, Naxal Management Division (ANO Wing), Ministry of Home Affairs, New Delhi, 3 June 2011.

[40] In March 2009, the Zomi Re-unification Organisation renounced mine use by signing Geneva Call’s Deed of Commitment, as did the Kuki National Organization in Manipur in August 2006, and the National Socialist Council of Nagalim-Isak/Muivah in Nagaland in October 2003. In October 2007, the United Jihad Council, a coalition of 18 organizations in Kashmir, issued a Declaration of a Total Ban on Antipersonnel Mines in Kashmir.


Mine Action

Last updated: 12 November 2018

Treaty status

Mine Ban Treaty

Not a party

Mine action management

National mine action management actors

No civilian mine action program.The Director-General of Military Operations decides on mine clearance

Operators in 2017

Army Corps of Engineers

Extent of contamination as of end 2017

Landmines

Not known

Cluster munition remnants

None

Other ERW contamination

Extent not reported

Land release in 2017

Landmines

Not reported

Other ERW

None

Progress

Landmines

India does not have a mine action program and does not report on extent of contamination or on land release. Information on mine clearance is only available through the media

Note: ERW = explosive remnants of war.

Contamination

The Republic of India is contaminated with mines, mainly as a result of large-scale mine-laying by government forces on and near the Line of Control (LoC) separating India and Pakistan during the 1971 war and the 2001–2002 stand-off betweenthe two states. Antipersonnel and antivehicle mines were laid on cultivated land and pasture, as well as around infrastructure and a number of villages.

Despite occasional official claims that all the mines laid were subsequently cleared, reports of contamination and casualties have persisted. A media report in 2013 cited a government statement that about 20km2 of irrigated land was still mined in the Akhnoor sector of the LoC alone.[1] In 2016 and 2017, according to media accounts, the Indian army was manually clearing mines in the border districts of Jammu and Kashmi.[2]

In 2017–2018, a number of landmine incidents continued to be reported, primarily involving Indian army personnel, but also civilians. (See India’s Casualty profile for details.)

Security forces have also reported extensive use of mines and improvised explosive devices (IEDs) by Maoist insurgents in the northeastern states of Chhattisgarh and Jharkhand causing civilian and military casualties. In July 2018, it was reported that 15 antivehicle mines emplaced by Maoist rebels were neutralised by security forces in Garhwa district, Jharkhand state.[3] However, mine types are usually not specified and may include command-detonated explosive devices as well as mines (i.e. victim-activated explosive devices).[4]

Program Management

India has no civilian mine action programme. The Director-General of Military Operations decides on mine clearance after receiving assessment reports from the command headquarters of the respective districts where mine clearance is needed.

Land Release

There is no publicly available official information on land release in 2017. The Army Corps of Engineers is responsible for clearing mines placed by non-state armed groups.[5] In July 2017, for instance, according to a media report, the Indian army was manually clearing mines in the border districts of Jammu and Kashmir and was procuring more advanced demining equipment with a view to improving safety and decreasing the number of deminer casualties.[6] Media reports have indicated the police also play an active part in clearing mines and other explosive hazards on an ad hocbasis in states dealing with insurgency.[7]

India has not reported that any mine clearance has occurred in its Convention on Certain Conventional Weapons (CCW) Amended Protocol II Article 13 transparency reports since 2006.[8] In August 2016, India stated that “mines used for military operations were laid within fenced and marked perimeters and were cleared after operations.”[9]



The Monitor acknowledges the contributions of the Mine Action Review (www.mineactionreview.org), which has conducted the primary mine action research in 2018 and shared all its country-level landmine reports (from“Clearing the Mines 2018”) and country-level cluster munition reports (from “Clearing Cluster Munition Remnants 2018”) with the Monitor. The Monitor is responsible for the findings presented online and in its print publications.



[1] A. Sharma, “Heavy rainfall worsening landmine peril for Kashmiri farmers,” Thomson Reuters Foundation, 5 November 2013.

[2]Advanced tech to help soldiers map minefields,” The Times of India, 10 July 2017; and, S. Z. Iqbal, “Farmers Hope to Return to Fields as Army Clears Landmines on Line of Control,” NDTV, 27 June 2016.

[3]Jawans unearth 15 landmines on rebel turf,” The Telegraph India, 6 July 2018.

[4] See, for example, “Jharkhand: Six Jaguar Force jawans killed in Maoist landmine blast,” The Indian Express, 27June 2018; “Farmer hurt in blast,” The Telegraph India, 3 May 2018; and “Three killed in landmine blast triggered by Maoists in Chhattisgarh,” Hindustan Times, 19 January 2017.

[5] Convention on Conventional Weapons (CCW) Amended Protocol II Article 13 Report (for 2006), Form B.

[6]Advanced tech to help soldiers map minefields,” The Times of India, 10 July 2017.

[7]IEDs pose huge challenge in efforts to counter Naxals: Police,” The Indian Express, 24 July 2017.

[8] CCW Amended Protocol II Article 13 Report (for 1 April 2016 to 31 March 2017), Form B.

[9] Statement of India, “Summary record of 18th Annual Conference of High Contracting Parties to CCW Amended Protocol II,” CCW/AP.II/CONF.18/SR.1, Geneva, 30 August 2016.


Support for Mine Action

From 2005–2009 the government of Azerbaijan provided more than half the country’s mine action budget of US$34,870,639 including almost 80% ($14,399,293 out of $18,298,763) of the 2008–2009 budget.[1]

 

National contributions: 2009

Year

Sector

Amount ($)

2009

Operations, clearance, risk education, victim assistance

8,086,793

2008

Operations, clearance, risk education, victim assistance

6,312,500

2007

Operations, clearance, risk education, victim assistance

2,235,296

2006

Operations, clearance, risk education, victim assistance

1,241,379

2005

Operations, clearance, risk education, victim assistance

749,561

Total

 

18,625,529

 

International contributions: 2009

Donor

Sector

Amount ($)

UNDP

ANAMA Baku and regional operations

300,000

United States

Clearance, victim assistance

483,000

NATO Partnership for Peace

Clearance

1,393,208

Total

 

2,176,208

 

Summary of contributions: 2005–2009

Year

National contributions ($)

International contributions ($)

2009

8,086,793

2,176,208

2008

6,312,500

1,723,262

2007

2,235,296

3,713,903

2006

1,241,379

4,530,961

2005

749,561

4,100,776

Total

18,625,529

16,245,110

 

 

 



[1] ANAMA, “Annual Report 2010,” p. 5.


Casualties

Last updated: 23 January 2018

Casualties Overview

Total known casualties by end 2016

3,730 (1,091 killed; 2,638 injured; 1 unknown)

Casualties in 2016

79 (2015: 7)

2016 casualties by survival outcome

19 killed; 60 injured (2015: 4 killed; 3 injured)

2016 casualties by device type

7 antipersonnel mine; 62 improvised mine; 10 explosive remnants of war (ERW)

In 2016, the Monitor identified 79 casualties from mines, including improvised mines (victim activated improvised explosive devices, IEDs) and other ERW in the Republic of India.[1] Of the total casualties for which the sex were known, 63 were male and nine were female, including five girls.[2] Of the total, there were 23 civilian casualties and 56 military personnel. Fifteen mine/ERW casualties occurred in the region of Jammu and Kashmir.

The 79 mine/ERW casualties identified in 2016 represented a massive increase from the seven casualties in 2015.[3] Such fluctuations in annual casualty figures are not necessarily indicative of trends, since India lacks a systematic data collection system, however significantly more casualties of “pressure mines” or improvised mines were reported in media in 2016.

The cumulative number of casualties in India is not known. Between 1999 and 2016, the Monitor identified 3,730 mine, improvised mine, and ERW casualties in India (1,091 killed; 2,638 injured; 1 unknown).



[1] Monitor media analysis for 2016 (from 1 January to 31 December); Geneva International Centre for Humanitarian Demining (GICHD)-Stockholm International Peace Research Institute (SIPRI) antivehicle mine database provided by email from Ursign Hofmann, Policy Advisor, GICHD, 24 August 2017; email from Jennifer Dathan, Researcher, Action on Armed Violence (AOAV), 15 September 2017; and Monitor analysis of Armed Conflict Location and Event Data project (ACLED), “ACLED Version 7 All Africa 1997–2016,” and “ACLED Asia Running File 2016,” data for calendar year 2016. Approved citation: Raleigh, Clionadh, Andrew Linke, Håvard Hegre ,and Joakim Karlsen. 2010. Introducing ACLED-Armed Conflict Location and Event Data. Journal of Peace Research 47(5) 651-660.

[2] The age of six casualties and the sex of seven casualties were not recorded.

[3] Monitor media monitoring 1 January 2015 to 31 December 2015. For casualty data from previous years, see previous Monitor country profiles for India available on the Monitor website.


Casualties and Victim Assistance

Last updated: 26 December 2016

Casualties

Casualties Overview

Total known casualties by end 2015

3,191 (1,083 killed; 2,107 injured; 1 unknown)

Casualties in 2015

7 (2014: 18)

2015 casualties by outcome

4 killed; 3 injured (2014: 2 killed; 16 injured)

2015 casualties by device type

6 antipersonnel mines; 1 explosive remnants of war (ERW)


In 2015, the Monitor identified seven casualties from mines and other ERW in the Republic of India. Of the total casualties for which the age and sex were known,[1] five were men and one was a boy. There were six civilian casualties, including one child casualty. All incidents occurred in the region of Jammu and Kashmir.[2]

The seven mine/ERW casualties identified in 2015 represented a decrease from the 18 casualties in 2014, 23 casualties in 2013, 78 casualties in 2012, 51 casualties in 2011, and 26 casualties recorded in 2010. Such fluctuations in annual casualty figures are not necessarily indicative of trends and can be attributed to the challenges in collecting consistent and accurate data from media and local sources, since India lacks a systematic data collection system.

The cumulative number of casualties in India is not known. Between 1999 and 2015, the Monitor identified 3,191 victim-activated mine/improvised explosive devices (IEDs) and ERW casualties in India (1,083 killed; 2,107 injured; 1 unknown). Nearly half of these casualties were civilians.

Victim Assistance

The total number of survivors is unknown, but at least 2,107 people were injured through the end of 2015.

Assessing victim assistance needs

In early 2015, Handicap International (HI) carried out a Knowledge, Attitudes and Practices (KAP) survey regarding risks surrounding mines/ERW and IEDs in four districts of Jammu and Kashmir. The survey focused on risk education, but also identified an apparently high prevalence of disability in border areas that required further investigation.[3]

Victim assistance coordination

Government coordinating body/focal point

None; for all persons with disabilities: the Ministry of Social Justice & Empowerment’s (MSJE) Division of Empowerment of Persons with Disabilities

Coordinating mechanism(s)

None

Plan

None

 

India does not have any specific coordination mechanisms or national plans for mine/ERW victim assistance.

The MSJE coordinated the Indian physical rehabilitation sector. A new Department of Disability Affairs within the MSJE began operation in May 2012. Its role is to facilitate the empowerment of all persons with disabilities, to regulate physical rehabilitation services and various disability funds, as well as to develop and implement India’s legal framework as it relates to physical disability.[4]

The Rights of Persons with Disabilities bill was finalized in 2014 and began the parliamentary process for adoption.[5] The history of the bill process began with a draft proposal in 2011 following consultations with persons with disabilities and disabled people’s organizations (DPOs). The second draft was notified by the Ministry of Social Justice and Empowerment in 2012. However, that draft was opposed in part by several key stakeholders. Disability rights actors united against the third draft of bill, of 2013, which was believed to contain violations of the Convention on the Rights of Persons with Disabilities (CRPD).[6] In February 2014, the Rights of Persons with Disabilities Bill 2014 was introduced in the Rajya Sabha, the upper house of the parliament of India, to replace the Persons with Disabilities Act (1995). The Standing Committee on Social Justice and Empowerment of the Rajya Sabha submitted its report on the Rights of Persons with Disabilities Bill, 2014 on 7 May 2015.[7] As of May 2016, the bill had not yet been passed.

At the Mine Ban Treaty Third Review Conference in Maputo in 2014, India stated that “Mine victims are also assisted in rehabilitation through the provision of financial compensation, employment and health assistance. India’s ratification of the CRPD underscores the importance that we attach to victim assistance.”[8]

India stated that its 2007 ratification of the CRPD underscores the importance it attaches to victim assistance.[9] India did not submit a Convention on Conventional Weapons (CCW) Amended Protocol II Article 13 report nor a Protocol V Article 10 report for the period from April 2015 to March 2016. Its April 2014 to March 2015 report did not include details of victim assistance provided, and India noted that the situation had remained unchanged since 2006.[10] In the April 2014 to March 2015 CCW Protocol V Article 10 report, India stated that reporting on the protection of the civilian population from the effects of ERW was not applicable for India.[11]

Survivor inclusion

Associations of mine survivors were included in the consultative process to in initial draft of the national Rights of Persons with Disabilities Bill (2011).[12]

Service accessibility and effectiveness

Victim assistance activities[13]

Name of organization

Type of organization

Type of activity

Composite Regional Center

Government

Rehabilitation center in Poonch, Kashmir

Preetam Spiritual Foundation

National NGO

Support for prosthetics for persons with disabilities, including mine survivors, in Poonch, Kashmir

Hope Disability Center

National NGO

Outreach, referral, prosthetics and orthotics, rehabilitation

Jammu & Kashmir Landmine Survivors (JKLS)

Survivor association

Support to survivors to obtain legal benefits from the government

Control Arms Foundation and Human Rights Law Network

National NGO

Legal support and advocacy for the rights of mine survivors and other persons with disabilities

Indian Red Cross

National society

Emergency medical response and transport; referrals for mine/ERW survivors to rehabilitation centers

Doctors Without Borders (Médecins Sans Frontières, MSF)

International NGO

Psychosocial care to people wounded by violence and their families in Kashmir

Handicap International (HI)

International NGO

Rehabilitation and referral services at the Hope Disability Centre in Gandarbal, Jammu, and Kashmir; promotion of the rights of persons with disabilities among local government and communities; survey of knowledge, attitudes, and practices regarding risks from mines/ERW

ICRC Special Fund for the Disabled (SFD)

International

organization

Programs suspended due to budget cuts

ICRC

International organization

Support for emergency medical response and healthcare in regions affected by violence; provision of materials and training; support for accommodation and transportation for two rehabilitation centers in Jammu and Kashmir and a district rehabilitation center in Nagaland; coverage of programs previously operated by the ICRC Special Fund for the Disabled (SFD)

 

Budget shortfalls forced the suspension of programs by the ICRC SFD in India in 2014. The ICRC took over support for SFD programs.[14] In 2015, the ICRC continued to provide support for six rehabilitation centers including the Artificial Limb Centre at the Bone and Joint Hospital, Srinagar; the Artificial Limb Centre at the Governmental Medical College, Jammu; and the Voluntary Medicare Society in Jammu and Kashmir. These ICRC-supported centers assisted 15 mine/ERW survivors to obtain prosthetic limbs in 2015, a decrease compared to 26 in 2014 and 64 survivors in 2013.[15] However, this continues to represent a significant increase in contrast with the period 2000 to 2010, when just 95 survivors were served during the entire period.

The government has stated at international meetings that mine survivors and families of those killed by mines are entitled to compensation.[16] Monetary compensation to landmine survivors and family members of people killed is distributed by the Ministry of Defence under a 2006 decree. However, many survivors have not been successful in applying for compensation.[17]

The standard one-time compensation payment from the government is the equivalent of US$1,500, which is inadequate to cover treatment and the future needs of survivors.[18] To pay for medical expenses, families often have to borrow money or sell their land or livestock, resulting in worsening economic situations overall.[19]

Psychosocial support for survivors continued to be limited. MSF provided mental health and psychosocial care, particularly for conflict and weapons victims at five fixed locations in Srinagar and Baramulla districts of Jammu and Kashmir. Teams also visited victims of violence in Srinagar hospitals and provided psychological first aid, thereby ensuring basic psychological, social, and material needs were being met.[20]

India’s Persons with Disabilities Act 1995 protects the rights of persons with disabilities. However, discrimination in employment, education, and access to healthcare remained pervasive, especially in rural areas. Legislation requires that all public buildings and transportation be accessible for persons with disabilities, although accessibility remained limited.[21]

India ratified the CRPD on 1 October 2007.



[1] The age of all casualties and the sex of six casualties were recorded.

[2] Monitor media monitoring 1 January 2015 to 31 December 2015. For casualty data from previous years, see previous Monitor country profiles for India available on the Monitor website.

[3] Handicap International (HI), “Knowledge, Attitudes and Practices Survey: Jammu and Kashmir, India,” April 2015, p. 5.

[4] ICRC Physical Rehabilitation Programme (PRP), “Annual Report 2013,” Geneva, 2014.

[5] ICRC PRP, “Annual Report 2014,” Geneva, 2015, p. 56.

[7] PRS Legislative Research, “The Rights of Persons with Disabilities Bill, 2014,” undated; and “Government introduces Rights of Persons with Disabilities Bill in Rajya Sabha,” The Times of India, 7 February 2014.

[8] Statement of India, Mine Ban Treaty Third Review Conference, Maputo, 27 June 2014.

[9] Ibid.

[12] Committee on the Rights of Persons with Disabilities Bill, 2011, as appointed by the MSJE, “The Rights of Persons with Disabilities Bill, 2011,” Hyderabad, 30 June 2011, pp. 39–48.

[13] There are hundreds of service providers (most of which are public or private health or rehabilitation centers) delivering assistance to persons with disabilities in India. The organizations listed here have some specific focus on mine/IED/ERW survivors. ICRC, “Annual Report 2015,” Geneva, 2016, p. 390; ICRC PRP, “Annual Report 2013,” Geneva, 2014; ICRC SFD, “Annual Report 2014,” Geneva, 2015; Hope Disability Center website; Handicap International, “India,” undated; MSF, “International Activity Report 2013 – India,” 31 December 2013; and Athar Parvaiz, “Explosives shatter lives in Kashmir,” Asia Times Online, 21 May 2013.

[14] ICRC SFD, “Annual Report 2014,” Geneva, 2015, p. 23.

[15] ICRC, “Annual Report 2015,” Geneva, 2016.

[16] Statement of India, Mine Ban Treaty Third Review Conference, Maputo, 27 June 2014; statement of India, Mine Ban Treaty Tenth Meeting of States Parties, 29 November 2010; statement by Prabhat Kumar, Permanent Mission of India to the Conference on Disarmament, Mine Ban Treaty Second Review Conference, Cartagena, 1 December 2009; and statement by Prabhat Kumar, Permanent Mission of India to the Conference on Disarmament, Mine Ban Treaty Ninth Meeting of States Parties, Geneva, 24–28 November 2008.

[17] Vishal Jasrotia, “Victims of landmine blasts, shelling left scarred,” Tribune India, 30 July 2015; report from Monitor victim assistance field mission to Poonch, Jammu, and Kashmir, 26 October–2 November 2013; Ashutosh Sharma, “Living on the edge,” Outlook India, 27 October 2014; “Mine blast victims in Poonch decry delay in rehabilitation,” Greater Kashmir News, 24 December 2013; “Heavy rainfall worsening landmine peril for Kashmiri farmers,” Thomson Reuters Foundation, 5 November 2013; and Baba Umar, “Mines of war maim innocent,” Tehelka Magazine, Vol. 8, Issue 17, 30 April 2011.

[18] Athar Parvaiz, “Explosives shatter lives in Kashmir,” Asia Times Online, 21 May 2013.

[19] Vishal Jasrotia, “Victims of landmine blasts, shelling left scarred,” Tribune India, 30 July 2015; Ashutosh Sharma, “The Bruised Childhood,” Greater Kashmir, 25 August 2012; “Heavy rainfall worsening landmine peril for Kashmiri farmers,” Thomson Reuters Foundation, 5 November 2013; and Athar Parvaiz, “Explosives shatter lives in Kashmir,” Asia Times Online, 21 May 2013.

[21] United States Department of State, “2015 Country Reports on Human Rights Practices: India,” Washington, DC, 13 April 2016.