India

Mine Ban Policy

Last updated: 12 November 2020

Policy

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

In November 2019, India repeated that it “supports the vision of a world free of anti-personnel mines.” India noted that it regularly participates at meetings of States Parties.[1] India also 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 that the “availability of effective military and alternative technologies that are cost-effective and can perform the legitimate defensive role of anti-personnel landmines will considerably facilitate the goal of the complete elimination of anti-personnel mines.”[2]

India attended, as an observer, the Mine Ban Treaty’s Fourth Review Conference in Oslo, Norway in November 2019.

On 12 December 2019, India abstained from voting on United Nations General Assembly (UNGA) Resolution 74/61, which calls for universalization and full implementation of the Mine Ban Treaty. India has abstained from voting on similar annual UNGA 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 that 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 and Kashmir called on both India and Pakistan to join the Mine Ban Treaty.[5] On the International Day of Mine Awareness in April 2020, a landmine survivor and Program Coordinator for the Jammu Kashmir Coalition of Civil Society, an ICBL member organization, drew attention to the lack of action to address the threat posed by mines along 734km of the Line of Control (LoC) and the need for India to sign the Mine Ban Treaty.[6]

India is a party to the Convention on Conventional Weapons (CCW) and its Amended Protocol II on landmines and Protocol V on explosive remnants of war. India 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.[7] Production of antipersonnel mines appeared to be ongoing in 2016–2020. Purchase order records, retrieved from a publicly accessible online government procurement database, list tenders for components of M-16, M-14, and APER-1B antipersonnel mines to the Indian Ordnance Factories.[8] Components have been 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.[9] Tenders requested indicate that production has continued in 2019 and 2020.[10] In September 2018, Indian military officials confirmed to the Monitor that production of completed landmines remains under the Indian Ordnance Factories, a state enterprise.[11]

Previously, during 2010 and into 2011, the Indian Ordnance Factory Board produced M14 and M16 antipersonnel mines. The quantities produced are not known.[12] 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).[13]

On 9 August 2020, India announced that a ban on the import of fragmentation and antipersonnel landmines will take effect in December 2021. The import ban is for the stated purpose of increasing domestic production.[14] The Ordnance Factory Board is reported to have put out a tender to local manufacturers for one million M-14 landmines to be delivered at a rate of 200,000 per year.[15]

In October 2019, India reaffirmed its commitment to a moratorium on export and transfer of anti-personnel mines that has been in place since May 1996.[16] India has previously stated that it favors an outright ban on the transfer of antipersonnel mines, even to States Parties of the CCW Amended Protocol II.[17] Five Mine Ban Treaty States Parties have reported Indian-made landmines in their stockpiles: Bangladesh, Bhutan, Mauritius, Sudan, and Tanzania. India has previously denied that any transfer of mines to these countries took place.[18]

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.[19] Previously, in February 2017, the same Indian arms manufacturer had components for bounding fragmentation antipersonnel landmines listed within its sales catalogue on display at the International Defence Exhibition (IDEX) military trade event in Abu Dhabi.[20]

In 1999, the Monitor estimated that India stockpiled between four and five million antipersonnel mines, one of the world’s largest stockpiles.[21] 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.[22] However, Indian Ordnance Factory produces a non-detectable antivehicle mine with an “anti-removal” fuze.[23] An address by a military commander to army 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.”[24]

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 landmines along its northern and western border with Pakistan in Operation Parakram.[25]

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.[26] 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.”[27] However, in previous years, injuries from mines planted near military bases within Jammu and Kashmir state were reported.[28] In December 2018, the National Herald documented monthly casualties along the LoC with Pakistan, primarily Indian Army soldiers, but also porters employed by the army and civilians.[29]

Some Indian Army officials have said that the infiltration of Kashmiri militants across the LoC between Pakistani- and Indian-administered sections of Kashmir is the main rationale for mines being laid along the LoC, as well as the international border.[30] However, no official report of a militant being killed or injured by landmines along the LoC has been reported in recent years. The Monitor has previously reported mine use in counter-insurgency operations in Kashmir.[31] Civilians continued to be killed and injured by mines in Kashmir in 2019 and 2020. Open conflict between India and China over disputed territory in Kashmir has resulted in at least one death and one injury in August 2020 due to landmines laid in the area in the past.[32] (See Casualties section).[33]

Non-state armed groups

During the first half of 2020, there continued to be sporadic reports of the use of landmines and improvised explosive devices (IEDs) by non-state armed groups part of the Maoist insurgency in India, which resulted in civilian and military casualties.

In August 2020, two Adivasis (tribal people) were killed after they stepped on a landmine laid by the People’s Liberation Guerrilla Army (PLGA) of the Communist Party of India-Maoist (CPI-M) in Visakhapatnam district, in Andhra Pradesh state.[34] The CPI-M admitted responsibility for the incident to the family and through an audio press note to the village where it occurred, claiming they had laid the boobytrap for pursuing police forces.[35] In December 2019, a Central Reserve Police Force officer was injured when he stepped on a landmine allegedly laid by the CPI-M near Lohardaga in Jharkhand state. In the same area the previous day a girl was killed by a landmine and five injured while visiting a waterfall.[36] In August 2019, in Kanker, in Chhattisgarh state, a villager herding cattle died after stepping on a landmine allegedly laid by the CPM-I.[37] Landmine use attributed to the CPM-I in Indian media reports is routinely attributed to the ongoing conflict with security forces.

Previously, in January 2018, a wild elephant was injured by a landmine in the Latehar district, Jharkhand state, allegedly laid by the CPI-M.[38] 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.[39] In July 2017, the Deputy Inspector General of Police in Chhattisgarh 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.”[40] The use of these victim-activated improvised mines was attributed by the police to the CPI-M and its armed wing, the PLGA.[41] Previous Landmine Monitor reports have documented widespread use by the CPI-M of command-detonated IEDs.[42] 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.[43]

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.[44]

In a previous response to an RTI request by the Monitor regarding mine use by non-state armed groups (NSAGs), a Ministry of Home Affairs official, referring to Maoist Naxalite NSAGs, 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.”[45]

In 2019 and early 2020, there were no allegations of landmine use by insurgents in the northeastern states of India or in Jammu and Kashmir state. No NSAGs have declared a ban on landmine use in recent years.[46]



[1] India, Explanation of Vote on Resolution L.45, 74th Session, UN General Assembly (UNGA) First Committee, New York, 6 November 2019.UNGA, Official Records, A/C.1/74/PV25, pp. 28–29. See also, statement of India, Mine Ban Treaty Seventeenth Meeting of States Parties, Geneva, 26 November 2018. This statement was virtually identical to its statement of the previous year.

[2] 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, pp. 14 and 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 the casualties indicated by the Monitor were accurate. 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.

[4] Ashutosh Sharma, “India’s morbid obsession with landmines,” National Herald, 22 February 2018; and “Operation Parakram saw the largest use of anti-personnel mines by any government,” National Herald, 22 February 2018.

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

[6]Vast tracts of land laden with mines in Kashmir,” Kashmir Media Service, 4 April 2020.

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

[8] Landmine Monitor has reviewed annually the listing on Indian Ordnance Factories e-Procurement site, previously titled “current contracts”. E-Procurement provides a tender number, opening and closing dates and a detailed description of the item to be manufactured. Contracts have been concluded with the 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.

[9] The following companies were previously listed as having concluded contracts listed for production of components of antipersonnel mines on the Indian Ordnance Factories Purchase Orders webpage 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.

[10] Components for M-14 mines were tendered for Dum Dum Ordnance Factory in February and June 2020, and in August and November 2019. Components for M-14 mines and AP 1B mines were tendered in June 2020 and over several months in 2019. Tenders for components and materials for ‘anti-removal’ mines, directional antipersonnel mines and antivehicle mines were also listed.

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

[12] 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.

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

[15] Manu Pubby, “Army wants 1 million mines from private sector,” Economic Times, 3 October 2019.

[16] Statement of India, UNGA First Committee, 24 October 2019. See also, 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, pp. 14 and 29; and statement of India, Mine Ban Treaty Seventeenth Meeting of States Parties, Geneva, 26 November 2018.

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

[19] 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 Eurosatory 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,” (“The warrior planet parades at Eurosatory”) Mediapart, 15 June 2018.

[20] 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.

[21] 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.

[22] 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.

[23] Indian Ordnance Factory lists the device as “Antiremoval mine 2B ND” for which a tender was requested for Ordnance Factory Bolangir, in Odisha, in May 2019. Previously it also listed “Anti-Tank Mine 4D ND,” on the “List of Registered Vendors,” undated.

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

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

[26] 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.

[27] 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.

[28] 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.

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

[32] Vijaita Singh, “Deceased SFF soldier patrolled areas along LAC for past one month,” The Hindu, 5 September 2020.

[33] Mine casualties, both military and civilian, including civilians acting as porters for the army, occur monthly according to media monitoring by the Monitor. See also Ashutosh Sharma, “Why are Indian landmines killing Indians?” National Herald, 9 December 2018.

[34] Srinivasa Rao Apparasu, “Maoist landmine kills two tribals in forest area of VisakhapatnamHindustan Times, 3 August 2020. For previous incidents, see also, “Landmine blast near polling centre in Naxal-affected Maharashtra’s Gadchiroli,” India Today, 11 April 2019; “Army officer defuses landmine in J-K’s Rajouri, second one kills him,” Hindustan Times, 16 February 2019; “Maoists trigger landmine blast in Odisha, 2 SOG jawans injured,” The Times of India, 11 May 2019; “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.

[35] Siva G, “Andhra Pradesh: Maoists offer apologies for landmine blast,” The Times of India, 11 August 2020.

[36]CRPF jawan injured in land mine blast in Lohardaga,” United News of India, 25 December 2019. See also, “One killed, five injured in landmine blast in Jharkhand,” Telangana Today, 24 December 2019.

[37]Man dies as landmine planted by Maoists explodes,” The Pioneer, 17 August 2019.

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

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

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

[41] 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.

[42] 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.

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

[45] 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, 3 June 2011.

[46] 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.