Table of Contents

Country Reports

LM Report 2004

India

Key developments since May 2003: India reported that as of 30 September 2003, over 90 percent of the mines it laid n the border with Pakistan in 2001 and 2002 had been recovered. The National Socialist Council of Nagaland, a Non-State Actor in Northeast India, signed the Geneva Call “Deed of Commitment” banning antipersonnel mines in October 2003. In 2003, there were at least 99 new civilian landmine casualties in the border districts of Rajasthan, Punjab and Jammu.

Key developments since 1999: India laid large numbers of mines along its border with Pakistan between December 2001 and July 2002, in one of the biggest mine-laying operations anywhere in the world in years. There have been numerous reports of civilian casualties, raising concerns about the effectiveness of the measures taken to protect civilians. The Indian Army started major mine clearance operations in October 2002 and reported that as of 30 September 2003, over 90 percent of the mines had been recovered. Previously, India said it cleared 8,000 mines planted by intruders during the 1999 conflict in the Kargil area of Kashmir.

India has for the first time designed a remotely-delivered antipersonnel mine system for trial evaluation and prototype production. It has also designed for production a detectable version of its hand-laid, non-metallic M14 mine. India is making its large existing stockpile of M14 antipersonnel mines detectable. India has had an export moratorium in place since 1996.

India ratified CCW Amended Protocol II on 2 September 1999. An Indian Ambassador chaired the key Main Committee One during the Second CCW Review Conference in 2001 and subsequently chaired the Group of Governmental Experts considering the issues of explosive remnants of war and antivehicle mines.

The Indian Institute for Peace, Disarmament & Environmental Protection started collecting data on civilian landmine casualties in the border districts of Rajasthan, Punjab and Jammu in December 2002; it has collected data on more than 700 civilians killed or injured by landmines with some injuries dating back to the 1965 India-Pakistan war.

Mine Ban Policy

India has not acceded to the Mine Ban Treaty. The government position on antipersonnel mines remains unchanged. At the Fifth Annual Conference of States Parties to Amended Protocol II of the Convention on Conventional Weapons (CCW) in November 2003, Ambassador Rakesh Sood stated:

India remains committed to the pursuit of the ultimate objective of a non-discriminatory, universal and global ban on anti-personnel mines in a manner that addresses the legitimate defense requirements of states. India believes that the process of complete elimination of anti-personnel mines will be facilitated by the availability of appropriate militarily effective, non-lethal and cost effective alterative technologies. This will enable the legitimate defensive role of anti-personnel landmines for operational requirements to be addressed, thereby furthering our objective.^[1]

India has in the past called for a complete prohibition of the use of landmines, except in international armed conflicts, and has also said that use of antipersonnel landmines should only be permitted for the long-term defense of borders.^[2]

Although India voted in favor of the 1996 United Nations General Assembly (UNGA) Resolution urging states to vigorously pursue an international agreement banning antipersonnel mines, it has abstained from voting on every annual pro-Mine Ban Treaty UNGA resolution since then, including UNGA Resolution 58/53 on 8 December 2003. India attended the Ottawa Process meetings and the treaty negotiations in 1997, but only as an observer. India has not attended any of the annual meetings of the States Parties to the Mine Ban Treaty, or any of intersessional meetings.

India ratified the CCW’s Amended Protocol II on 2 September 1999. India participated in the Fifth Annual Conference of the States Parties to Amended Protocol II in November 2003 and submitted its annual report as required by Article 13. India’s Ambassador Rakesh Sood served as chair of the key Main Committee One during the Second CCW Review Conference in 2001 and he subsequently chaired the Group of Governmental Experts considering the issues of explosive remnants of war and antivehicle mines.

On 17 October 2003, the National Socialist Council of Nagaland, the oldest and most influential armed opposition group in Northeast India, signed the Geneva Call “Deed of Commitment” banning antipersonnel mines.

Production, Stockpiling and Transfer

India is one of the world’s fifteen remaining producers of antipersonnel mines. All production is vested with government agencies, and there is no manufacture in the private sector.^[3] India in the past produced two types of antipersonnel mines: AP M16A1 bounding fragmentation mines and low-metal-content (non-detectable) AP NM M14 blast mines, both copies of US mines. India has declared that, in accordance with its obligations under Amended Protocol II, no low-metal-content mines have been produced since January 1997.^[4]

India has also stated that it will produce new antipersonnel mines that meet Amended Protocol II standards, apparently both a detectable version of the hand-emplaced M14 mine and a newly designed remotely-delivered mine with a self-destruct mechanism. India’s October 2000 Article 13 report states, “As regards new production of APLs, a detectable version of the existing mines is being designed. An RDM (Remotely Delivered Mine) System for APLs with the requisite SD/SDA [Self-destruction/Self-deactivation] mechanism has been designed. Prototype production and trial evaluation will follow.”^[5] The production of a remotely-delivered mine system is notable in that India has not previously had RDMs, and in the past suggested banning such mines.^[6]

India has declined to reveal the number of antipersonnel mines in its national stockpile. Since 1999, Landmine Monitor has estimated that India holds between four and five million antipersonnel mines, the sixth largest stockpile in the world.^[7] India has neither confirmed nor denied the estimate. The figure may no longer be accurate following the large number of landmines—possibly millions—planted along the Pakistan border in 2001 and 2002, or in light of new production of mines. The great majority of mines in the stockpile are believed to be the Indian M14 mines.

India has indicated that it will modify all of the low-metal-content M14 mines to be compliant with CCW Amended Protocol II. In December 2002, India reported that it “has completed the design, development and necessary trial of detectable anti-personnel mines affixed with 8 grams of iron.”^[8] In October 2003, it further reported, “All necessary technical issues have been resolved and requisite financial support has also been obtained to carry out the said modifications. A program has been evolved and disseminated to ensure that implementation is completed well before the stipulated period, as per provisions laid down in the Amended Protocol II.”^[9]

India maintains that it has never exported or imported antipersonnel mines. It has had a comprehensive export moratorium in place since 3 May 1996. India’s most recent Article 13 Report states, “India has a formal moratorium, of unlimited duration, prohibiting export of landmines and favors an outright ban on transfer of mines even to States Parties to the Protocol. The above reduce the difficulties associated with the task of regulating the production and use of landmines.”^[10]

However, it would appear that exports did occur prior to 1996. Antipersonnel mines of Indian origin have been declared by Mine Ban Treaty States Parties in their Article 7 transparency reports. These include: Bangladesh (3,480 M14 low-metal-content blast mines), Mauritius (93 M14 low-metal-content blast mines, Lot Number 45-8B0CZ-85), and Tanzania (48 M16 bounding fragmentation mines and 1,729 unidentified blast mines, Lot Number BP33-9/72IMI).^[11]

Many armed Non-State Actors in India have manufactured improvised explosive devices (IEDs), and there have been some reports of NSAs maintaining stocks of factory-produced mines.

Use

Following the attack on Parliament on 13 December 2001, the Indian Army began deploying antipersonnel and antivehicle mines along the 1,800-mile northern and western border with Pakistan; mine-laying reportedly ceased after July 2002.^[12] This was apparently one of the biggest mine-laying operations anywhere in the world in many years. The exact number of landmines emplaced is not known. In a meeting with Nobel Peace Laureate Jody Williams, ICBL Government Relations Officer Sylvie Brigot, and two Indian landmine survivors, Ambassador Sood, according to Ms. Williams and Ms. Brigot, indicated “millions” of mines were laid by Indian forces.^[13] Asked to verify this, an Indian official present in the meeting said that Ambassador Sood remarked, “Given the length of the international boundary, a large number of mines were indeed laid by the Indian forces.”^[14] Ambassador Sood also remarked that the “mine-laying by Indian forces was undertaken in full compliance with the obligations under the Amended Protocol II of the CCW.”^[15]

The minefields extended as far as six to eight kilometers from the border.^[16] Mines were planted in cultivated and uncultivated land and around villages in defensive positions. The ICBL has raised concerns about whether this massive mine-laying operation was carried out in compliance with India’s obligations under CCW Amended Protocol II. The large number of civilian casualties resulting from the newly planted mines calls into question whether India has met the requirement to provide effective exclusion of civilians from areas containing non-remotely-delivered antipersonnel mines. In addition, India has neither confirmed nor denied whether it used low-metal-content M14 mines from its stockpiles. Amended Protocol II prohibits use of this mine without the addition of extra metal content. As noted above, India appears to be in the early stages of both modifying existing stocks of M14s by adding metal, and producing a new, detectable version of the M14.

Asked to respond to the ICBL’s concerns, India stated: “Minefields were laid, recorded and marked in consonance with well-established Standard Operating Procedures and in conformity with Amended Protocol II. In addition, all village headmen were personally informed about the location of the minefields in order to insure that local inhabitants were adequately sensitized. Mine awareness programs were also conducted at the sub-district/village level. All efforts were made to ensure that the markings remained visible, legible, durable and resistant to environmental effects.”^[17]

The mine-laying operation was characterized by numerous deaths and injuries to Indian forces. A total of 145 Army personnel were killed or injured in the first three months alone. This high accident rate during mine-laying has been attributed to “adverse climatic and terrain conditions like night laying, dense fog” and “mines and fuzes held in inventory for a long period.”^[18]

In the past, India used mines in its three wars with Pakistan in 1947-48, 1965 and 1971. It also used mines in its war with China in 1962. India states that it “has never resorted to the use of mines for maintenance of law and order or in internal security situations. Despite the grave provocations by the use of improvised explosive devices by terrorists groups, Indian armed forces have exercised restraint and refrained from using landmines except as a part of military operations.”^[19]

Use by Non-State Actors

There continue to be numerous reports of armed Non-State Actors (NSAs) using improvised explosive devices, and sometimes landmines. For example, there have been reported incidents of landmine use by both the National Democratic Front of Bodoland (NDFB) and United Liberation Front of Assam (ULEF) in Assam.^[20] In a major collaborative strike in Belpahari, suspected Naxalites of the People’s War Group and the Maoist Communist Center allegedly laid mines that killed eight security personnel.^[21] In May 2003, an Indian Army operation against militants in Kashmir recovered antipersonnel mines.^[22]

In recent years, Landmine Monitor has reported Non-State Actors using antipersonnel mines, antivehicle mines, and improvised explosive devices in Jammu and Kashmir, Central India, and Northeast India. In Jammu and Kashmir at least five militant groups have used landmines and IEDs: Hizbul Mujahideen, Harkat-ul-Ansar, Lashkar-e-Toiba, Jaish-e-Mohammad, and Hakat-ul-Jihadi Islami.^[23] In the Central Indian states of Bihar, Jharkhand and Chattisgarh, three militant groups have been responsible for landmine and IED attacks: CPI (ML) – Party Unity; the People’s War Group; and the Maoist Communist Center.^[24] In Andhra Pradesh and Maharashtra, Naxalite groups have used mines and IEDs. In Assam in Northeast India, the National Democratic Front of Bodoland (NDFB) and the United Liberation Front of Assam (ULFA) have used landmines.^[25]

In this reporting period, since May 2003, the following NSAs have been accused of using IEDs or landmines: the People’s War Group in Andhra Pradesh^[26] and in the village of Bhubaneshwar;^[27] Maoists in Ranchi;^[28] Naxalite militants in Purada, Gadchiroli district;^[29] Hizbul Mujahideen at Sopore,^[30] in South Kashmir’s Fulwama district,^[31] and in the Baramulla district of Jammu & Kashmir;^[32] Laskar-e-Toiba at Arnia in Jammu province; and Sengalidham in Udhampur districts.^[3]3

In signing the Geneva Call “Deed of Commitment” on 17 October 2003, the National Socialist Council of Nagaland has pledged to never use antipersonnel mines and to destroy any stockpiles. There is no evidence that NSCN has ever used landmines in the past, but it is not known if it has a stockpile.

Landmine Problem

Following the mine-laying operations that began in December 2001, there were significant minefields along the 1,800-mile border with Pakistan, including the Indian states of Gujarat, Rajasthan, Punjab and Jammu and Kashmir. According to government figures, the Army operations along the border affected 1,900,000 farmers in 1,818 villages cultivating 60,915 acres in the three border districts of Ferozpur, Gugudaspur, and Amritsar. The government has estimated that 200 villages were affected in the Jammu, Kathua, Rajouri, and Poonch districts; the Army expropriated 70,100 acres of land of which 25,000 acres were mined.³⁴ Various media reports indicate that mined land included about 20,000 acres in the Punjab border area,^[35] 9,500 acres in the Amritsar border area,^[36] and 29,000 hectares (about 71,000 acres) in the Ferozpur district.^[37] One report, citing senior Army officials, said a total of 173,000 acres had been mined.^[38]

According to a military spokesperson in the Firozpur and Amritsar districts in Punjab, landmines were planted in 506 villages on nearly 29,049 acres of land. He said that up to 96 people had been injured by mines in these villages.^[39]

During the operation, landmines were planted on farming and grazing land, around infrastructure, and around some villages. In many locations, farmers could not tend their crops or graze their animals. Some border villagers had to vacate their homes, and some border farmers had to work as laborers in fields far away from where they live.^[40]

The Ministry of External Affairs wrote to the Landmine Monitor, “During the mine-laying operations, land was temporarily expropriated to prevent untoward casualties to civilians. This will be returned once 100% recovery is achieved. Compensation is being paid for the period of expropriations and for any adverse impact on both the winter and the summer crops.”^[41] According to Deputy Commissioner Ramandir Singh of the Firozpur district, affected villagers were paid approximately US$262 per acre as compensation from December 2001 to June 2002. From July 2002 to December 2003, compensation was paid at a rate of US$295 per acre.^[42] According to Indian media, the government has agreed to pay farmers compensation for their land at the rate of approximately US$234 per acre. Some farmers maintain that this sum compensates for the loss of one crop, while they have lost three crops since their fields were mined.^[43]

Mine Clearance

In October 2002, the Indian Army started large-scale mine clearance operations along the Pakistani border. India reported that as of 30 September 2003, approximately 90 percent of the mines had been “recovered.” It stated, “Concerted efforts are being made to achieve the target of 100% recovery of all mines that have been laid.” ^[44] It also noted that in addition to indigenous demining equipment, Indian Army Engineers were using Danish Hydrema mechanical demining machines and mine boots from Canada.

Military personnel engaged in clearance along the Punjab border reported that mine clearance was painstakingly slow and dangerous. Mines had shifted from their original locations for a variety of reasons. After nearly a year of being exposed to the elements, some of the mines had become unstable and prone to exploding. The scarcity of trained manpower and mine detection equipment further complicated the problem.^[45]

“The Government of India has approved enhancement in the existing scales of minefield marking and laying stores. This is in keeping with India’s commitment to the Amended Protocol II.”^[46]

Mine Risk Education

There were no formal mine risk education programs in India before 2003. The government reports, “During and post-active military operations and as part of civic action programs, civilians have been educated on the location of landmines and are made aware of measures that need to be adopted to prevent mine casualties. In addition, mine awareness programs have been and are regularly being conducted down to sub-district/village level.”^[47] The government has also stated that mine risk education is provided at the field level by field force commanders.^[48]

The government cites two NGOs, the Indian Institute for Peace, Disarmament and Environmental Protection (IIPDEP) and the All India Women’s Conference, for contributing to public knowledge about the problem of landmines.^[49] The IIPDEP, which leads the Indian Campaign to Ban Landmines, has arranged a number of mine risk education workshops in India-Pakistan border towns and villages, including: Barmer (Rajasthan) on 23 February 2003; Abohar (Punjab) on 20 March 2003; Srinagar (Jammu & Kashmir) on 20 April 2003; Jaislmer, (Rajasthan) on 14 December 2003; Jammu (Jammu & Kashmir) on 25 December 2003; and Abohar (Punjab) on 28 December 2003. The IIPDEP has organized many public education and awareness seminars throughout the country in the past. The Indian Campaign to Ban Landmines and Global Green Peace organized a workshop in Srinagar on 20 April 2004 to raise awareness of the landmine situation in India and mobilize civil society to act against mine use.

In 2003, the Indian Red Cross Society (IRCS) with the support of the International Committee of the Red Cross (ICRC) launched a mine risk education program in seven affected districts of Rajasthan and Punjab. Workshops took place in both states.^[50] About 80 IRCS volunteers were trained to collect information, assess the mine threat situation in affected communities and deliver basic safety messages. Based on the information collected, a curriculum was developed. Posters and leaflets were produced after field-testing. More trainings of teachers and community representatives are planned.^[51]

Mine Action Assistance

India reports that its Corps of Engineers has over many years assisted with UN-sponsored mine clearance programs in Cambodia, Bosnia, Angola, Ethiopia, Mozambique, Rwanda, Sierra Leone, and Somalia.^[52] Horizon-Organization for Post-Conflict Management, an NGO founded by retired officers of the Indian Armed Forces in 2002, was undertaking demining operations in Sri Lanka as of October 2003.^[53]

India has distributed the widely-known “Jaipur Foot” in mine-affected countries in Africa, as well as Afghanistan. India states it is developing and improving the technology, components and materials used for construction of state-of-the-art prosthetics.^[54] In December 2001, India sent a team of doctors and technicians to Kabul to set up a camp to repair artificial limbs (Jaipur Foot) for Afghan amputees.^[55]

In November 2003, India reiterated that it “remains committed to provide mine-related assistance and is willing to contribute technical assistance and expertise to mine clearance and rehabilitation programs.”^[56]

Landmine Casualties

There is no comprehensive data collection mechanism on landmine casualties in India. It is believed that many civilian casualties are not reported due to the remoteness of and lack of transportation and communication facilities in some of the mine-affected border areas.

In 2003, there were at least 99 new civilian landmine casualties in the border districts of Rajasthan, Punjab and Jammu, including 13 killed and 86 injured; eight were women and 21 were children.^[57] The Indian Institute for Peace, Disarmament & Environmental Protection (IIPDEP) started collecting data on civilian landmine casualties in the border districts in December 2002, with funding provided by the government of Canada. IIPDEP has collected data on more than 700 civilians killed or injured by landmines with some injuries dating back to the 1965 India-Pakistan war.^[58]

New casualties in 2003, identified by IIPDEP during data collection, included six children injured after one child stepped on a landmine in a field; a ten-year-old boy killed when he stepped on a mine; a man killed in a mine explosion as he herded his cattle; a 28-year-old man severely injured in a mine explosion in the fields; and a farmer injured when he stepped on a mine in a field. New casualties in 2004 include two children killed and another injured in a mine incident in Ladhurka village in Punjab, and a young man who stepped on a mine and lost his right foot while working in his field.^[59]  Some of these mine incidents occurred in fields that reportedly had been cleared by the Army and returned to the owners.^[60]

In December 2002 and March 2003, IIPDEP visited three border villages in the Ganganagar district, Rajasthan, and in four villages close to the border town of Abohar, Punjab. In the seven border villages, 71 landmine casualties were identified; 16 people had been killed and another 55 injured. Adults reportedly stepped on landmines while working in fields, cutting grass or grazing their animals. Children suffered landmine injuries while grazing animals or playing.^[61]

In one district of Rajasthan, Sriganganagar, landmines reportedly killed 29 people and injured 84 others, including 18 children, in a 15 to 16 month period after December 2001. Only seven of the casualties were military personnel.^[62]

In 2003, based on an analysis of media reports by Landmine Monitor, information was available on at least 270 new casualties (101 people killed and 169 injured) caused by landmines, improvised explosive devices (IED) or UXO; 136 were civilians, at least twelve of which were children.^[63] In 2002, at least 523 new mine/UXO/IED casualties (310 people killed and 213 injured) were reported in the media; 173 were civilians, at least fifteen were children.^[64] In 2001, 332 new mine/UXO/IED casualties (133 people killed and 199 injured) were reported in the media; 107 were civilians, 32 were children.^[65] Media reports often related to incidents involving vehicles and tended to focus on military or militant casualties. Casualties reported in the media were not confined to the Jammu and Kashmir areas, with incidents also reported in Assam, Jharkland, Bijapur, Bihar, Manipur and Andhra Pradesh.

From January to March 2004, there were at least 33 new civilian landmine casualties in the border districts of Rajasthan, Punjab and Jammu, including ten killed and 23 injured; five were women and five were children.^[66] Military and civilian casualties also continue to be reported in the media in 2004. Between January and June, at least 113 landmine/UXO or IED casualties (70 people killed and 43 injured) were reported in the media; 56 were civilians, including six women and four children.^[67]

Since military mine clearance began in the border area, at least four soldiers died and another 31 were injured during clearance operations.^[68]

In January 2002, 60 soldiers were reportedly killed, and another 242 injured during mine-laying operations on the India-Pakistan border; 21 civilians were also killed. In December 2001, in two separate accidents, 33 soldiers and three civilians died when landmines exploded prior to being laid.^[69]

On 13 May 2002, an Indian peacekeeper was injured in a landmine incident in the Democratic Republic of Congo.^[70]

In July 2001, six Bhutanese nationals were killed and eight injured in a landmine blast in Assam.^[71]

The total number of landmine casualties in India is not known. Government sources reported 10,709 landmine and IED casualties (1,489 killed and 9,220 injured) between 1989 and 1999 in Jammu and Kashmir and Andhra Pradesh.^[72] The Indian Army maintains a website with statistics on civilian casualties in Kashmir. According to the data, the Army recorded 9,257 civilian casualties (663 killed and 8,594 injured) attributed to “explosive/grenade incidents” since 1999. ^[73] It is not known how many of these casualties can be attributed to landmines.

Survivor Assistance

India has a system of free medical care for all citizens. However, in rural areas the quality and availability of services can be problematic. First aid is generally not available in remote border villages. State hospitals provide treatment free of charge to mine casualties including amputation surgery if required. Mine survivors living in remote border villages reportedly have no access to physiotherapy or prosthetics services.^[74] An IIPDEP survey in seven border villages revealed that there was no disability awareness in the community, or opportunities for vocational training, or special education facilities for children disabled in mine incidents. Socio-economic reintegration was a major problem for landmine survivors and for family members who were dependent on a person who was killed.^[75]

The government of India has indicated its support for the rehabilitation of mine survivors, including provision of prostheses, financial grants, and assistance with economic reintegration. In October 2003, the government stated, “Concerted efforts are being made to rehabilitate these [mine survivors]. Depending on the nature of the casualty, monetary compensation is being paid to army personnel and civilians.... In addition, artificial limbs are also being provided, where necessary. Subsequent assistance for employment/self-employment is also being imparted. The Army’s Artificial Limb Centre (ALC) has played a sterling role in the field of prosthetics for mine victims. In essence, the country as a whole remains committed to provide rehabilitation to the unfortunate victims of landmine accidents.”^[76]

In July 2003, the Ministry of External Affairs told Landmine Monitor, “All efforts are made by the Government to provide free, expeditious and quality medical and other assistance to landmine victims.... Depending upon the nature of the injury and the extent of disability, compensation is provided to the victims. In addition, facilities such as assistance in securing employment and provision of artificial limbs are also extended by the Government.”^[77]

In February 2004, a program to provide medical facilities for people living in remote border areas was launched by the Army and State Government; seven Mobile Medical Teams started in February and another seven in August.^[78]

Handicap International’s program in India includes training and enhancing the capacity and quality of community-based rehabilitation, raising awareness of the rights and needs of persons with disabilities, and support for disability associations.^[79]

The NGO Bhagwan Mahaveer Viklang Sahayata Samiti (BMVSS) provides an artificial limb known as the Jaipur Foot as well as walking aids, especially targeting people with limited resources. The artificial limbs, which cost about Rs.900 ($20) to produce, are free and at the center amputees are given a place to sleep, meals, and transport home. BMVSS also organizes regular mobile camps to bring rehabilitation services to people living in remote rural areas; all services are provided free-of-charge. It receives financial support from the government and from private donors.^[80] In January 2002, BMVSS provided 1,000 artificial limbs for an Indian orthopedic team traveling to Afghanistan to assist Afghan amputees. The Indian government funded the program.^[81]

The NGO Ortho Prosthetics Care and Rehabilitation (OPCAR) provides orthopedic devices and mobility aids for persons with disabilities, including landmine survivors. OPCAR has two orthopedic workshops, one in Delhi and another in Nalagarh. It also runs mobile camps to mine-affected areas.^[82]

Several NGOs operate within Jammu and Kashmir assisting the population with medical care, rehabilitation, education and training.^[83] The NGO ICNA Relief-Helping Hand, for example, provides medical assistance through the Kashmir Surgical Hospital. The hospital provides medicines and surgical services, and has four ambulances, one operating theater, and sixty branch centers in refugee camps. In addition, there are five Primary Health Centers in refugee camps.^[84]

As of January 2002, the Srinagar-based 15-Corps, in coordination with Jyot Charitable Trust, provided artificial limbs or tricycles to 198 amputees from Kashmir as part of Operation Sadbhavna. The Jammu-based 16-Corps has assisted many survivors by providing prosthetics, including for 35 children.^[85] It is not known how many beneficiaries were landmine amputees, or the current activities of the programs.

Two landmine survivors participated in the Raising the Voices training program held during the intersessional Standing Committee meetings in Geneva in May 2003.

Disability Policy and Practice

The “Persons with Disabilities Act 1995” protects the rights of persons with disabilities, including mine survivors. The Act, however, is not applicable to the state of Jammu and Kashmir. To be eligible for benefits under the Act, a person must be certified by a medical authority to be at least 40 percent disabled.^[86] The Disabled Division of the Ministry of Welfare provides rehabilitation services to the rural population through 16 district centers, well short of the target of 400 district centers in the national rehabilitation plan. The practical benefits of the legislation have been minimal due in part to a clause that makes the implementation of programs dependent on the “economic capacity” of the government.^[87]

In 2002, the government announced that compensation would be paid to casualties of military related explosions. For military casualties who are killed the payment would be Rs. five lakh (US$10,780), and for those injured Rs.75,000 (US$1,620). For a civilian landmine casualty on the border the payment in the event of death was specified as Rs. one lakh (US$2,160), and for a civilian permanently disabled no more than Rs.10,000 (US$215).^[88] In 2004, a newspaper article reported that the government now pays Rs.50,000 (US$1,080) for a mine survivor who is 50 percent disabled, Rs.75,000 (US$1,620) for 75 percent disability, and Rs.100,000 ($2,155) for a survivor who is 100 percent disabled.^[89] In October 2003, the government reported that the minimum compensation being paid to civilian landmine casualties is a sum of 100,000 rupees.^[90]

IIPDEP’s field surveys from December 2003 to March 2004 found that families of landmine casualties who died received Rs.250,000, those with 90 percent disability received Rs.200,000, those with 50 to 75 percent disability received Rs.150,000, and those below 50 percent disability received Rs.50-75,000.^[91]

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[1] Statement by Amb. Rakesh Sood, Head of Indian Delegation at the Fifth Annual Conference of States Parties to Amended Protocol II to the Convention on Conventional Weapons, Geneva, 26 November 2003.
[2] Statement by Amb. Rakesh Sood, Deputy Leader of Delegation of India to the Review Conference on the Convention on Conventional Weapons, 3 May 1996.
[3] CCW Amended Protocol II Article 13 Report, Form D, 27 October 2003.
[4] CCW Article 13 Report, Form C, 27 October 2003.
[5] CCW Article 13 Report, 18 October 2000, p. 6.
[6] Ministry of External Affairs, Annual Report 1999-2000 (New Delhi: Government of India, 2000), p. 81.
[7] The estimate was provided by non-Indian government officials involved in discussions with the Indian government during the CCW negotiations, and was confirmed by a retired Indian military officer.
[8] Statement by Amb. Rakesh Sood, Fourth Annual Conference of Amended Protocol II States Parties, 11 December 2002.
[9] CCW Article 13 Report, Form C, 27 October 2003.
[10] Article 13 Report, Form D, 27 October 2003.
[11] None of the countries have provided an acquisition date for the Indian antipersonnel mines. Bangladesh also lists the US as a source for its M14. It is unclear how many came from what source. Bangladesh Article 7 Report, Form B, 29 April 2003; Mauritius Article 7 Report, Form B, 20 May 2002; Tanzania Article 7 Report, Form D, 5 February 2003. Landmine Monitor has also reported on Indian landmines found in Burma (Myanmar).
[12] For more details see Landmine Monitor Report 2002, pp. 660–662. The date for cessation of operations is based on interviews with delegates from border villages who attended the Regional Seminars in Gangangar, Rajasthan, 23 February 2003, and in Abohar, Punjab, 23 March 2003.
[13] Meeting with Amb. Rakesh Sood, Geneva, 14 May 2003. Williams and Brigot reported this in an ICBL meeting the following day, and Brigot has confirmed it from her notes, including that a follow-up question was asked regarding the “millions” remark. One news article stated, “Although no one has the exact figure, the mines along the border number 2 million.” “Landmine removal to cost Rs.700 crore,” New Delhi Business Standard, 29 November 2002.
[14] Letter No.GEN/PMI/254/41/2003 to Landmine Monitor (HRW) from T.P. Seetharam, Minister (Disarmament), Permanent Mission of India to the Conference on Disarmament, Geneva, 18 July 2003.
[15] Ibid.
[16] The Landmine Monitor researcher saw the minefields in Ganganagar, Rajasthan, 27 December 2002, and in Abohar, Punjab, 23 March 2003. Indian military personnel confirmed that this corresponds to Indian military tactics.
[17] Letter No. 106/5/2003 to Landmine Monitor (HRW) from Dr. Sheel Kant Sharma, Additional Secretary, Disarmament & International Security Affairs, Ministry of External Affairs, 28 July 2003.
[18] Indian Ministry of Defence, Press Release, New Delhi, 7 March 2002. The release notes that this information was given by Defence Minister George Fernandes in a written reply to two Parliamentarians.
[19] Statement by Amb. Sood, Fifth Annual Conference CCW Amended Protocol II, 26 November 2003.
[20] Kashmir Times, 28 November 2003.
[21] Hindustan Times, 20 November 2003.
[22] Times of India, 25 May 2003.
[23] Suba Chandran, “The Use of Landmines by Non-State Actors in India and Nepal,” Research for Landmine Monitor Report, New Delhi, May 2002.
[24] Numerous media reports from June 2002 to May 2003, including: “10 injured in Jharkhand land mine blast,” Press Trust of India, Daltonganj, 29 July 2002; “Chattisgarh: Two cops killed in landmine blast,” Press Trust of India (Jagdalpur), 13 October 2002; “Seven Indian policemen killed in landmine blast,” Agence France-Presse (Ranchi), 20 November 2002; Sanjay K. Jha, “Left Wing Terror: The MCC in Bihar and Jharkhand,” South Asia Intelligence Review, 21 April 2003.
[25] “Tribal militants kill 10 in India’s troubled northeast,” Agence France-Presse (Guwahati), 5 August 2002; “Assam policemen killed in landmine blast,” Times of India, 21 August 2002.
[26] “Three policemen killed by Maoists in southern India,” Agence France-Presse, 17 June 2003.
[27] Archana Mishra, “Landmines planted by rebels kill two policemen in eastern India,” Associated Press, 7 February 2004.
[28] “Landmine blasts by suspected Maoists kill 26 Indian policemen,” Hindustan Times, 8 April 2004.
[29] Hitvada, 23 December 2003.
[30] “3 jawans killed in Sopore,” Hindustan Times, 21 March 2004.
[31] Hindustan Times, 24 April 2003.
[32] Daily Excelsior, 27 March 2004.
33Daily Excelsior, 21 January 2003.
[3]4 Rahul Kumar, Amar De, and Masood Hussain, “Villagers here sow seeds and harvest mines,” Hindustan Times, 27 December 2002. The article states that according to the state’s chief secretary Y. S. Ratra, New Delhi had authorized only Rs66 million (US$1.4 million).
[35] “Demining of fields in border areas soon: Army,” Times of India, 2 November 2002.
[36] “Army intensifies de-mining work,” Times of India, 6 March 2003.
[37] Chandra Parkash “Treading on Trouble,” Tribune of India, 11 May 2003.
[38] Binoo Joshi, “Indian Troops Begin Removing Mines from Kashmir Border Towns,” Associated Press (Jammu), 4 July 2002.
[39] Amar Ujala Jalandhar (regional daily), 30 April 2003. This reports landmines were planted in 5,648 acres in Firozpur, affecting 196 villages; 7,617 acres in Jalalabad, affecting 178 villages; 15,772 acres in Fazilka, affecting 64 villages; and 12 acres in Abohar.
[40] Chander Prakash, “Treading on Trouble” Tribune of India, 11 May 2003.
[41] Daily Jagran (regional daily), 17 May 2003.
[42] Amar Ujala Jalandhar, 30 April 2003.
[43] Firozpur Jagran, (regional daily), 12 October 2003.
[44] Article 13 Report, Form B, 27 October 2003. In December 2002, India stated clearance was 16-18 percent completed and would take six more months. In July 2003, it reported clearance was 85 percent completed. See Landmine Monitor Report 2003, pp. 593-594.
[45] “India mine clearing to take months,” BBC News, 10 January 2003.
[46] Article 13 Report, Form C, 27 October 2003.
[47] Article 13 Report, Form A, 27 October 2003.
[48] Letter No. 106/5/2003 from Dr. Sheel Kant Sharma, Ministry of External Affairs, 28 July 2003.
[49] Article 13 Report, Form A, 27 October 2003.
[50] ICRC, “Special Report: Mine Action 2003,” August 2004, p.33.
[51] Email to Landmine Monitor (HI) from Boris Cerina, ICRC India, 21 September 2004.
[52] Statement by Amb. Sood, Fifth Annual Conference CCW Amended Protocol II, 26 November 2003.
[53] Article 13 Report, Form B, 27 October 2003.
[54] Statement by Amb. Sood, Fifth Annual Conference CCW Amended Protocol II, 26 November 2003.
[55] Ministry of External Affairs, Annual Report 2001-2002 (New Delhi: Government of India, 2002) p. 2. In 1996 and 1997, India organized similar camps for Afghan landmine victims. “Indian orthopaedic team leaves for Kabul,” The Times of India, 30 December 2001.
[56] Statement by Amb. Sood, Fifth Annual Conference CCW Amended Protocol II, 26 November 2003.
[57] Email to Landmine Monitor (HI) from Balkrishna Kurvey, IIPDEP, 2 September 2004.
[58] A full breakdown of casualties will not be available until the research is completed.
[59] IIDEP conducted field surveys from December 2003 to March 2004.
[60] “Child Died Due to Landmines,” Seema Sandesh, Ganganagar/Jaipur, 1 June 2003; “Two Children Killed in Blast,” Indian Express, 10 June 2003; “Two Minor Boys killed, Another Injured in Blast,” Hindustan Times, 20 June 2003.
[61] Interviews by IIPDEP with mine survivors and the families of those killed in seven border villages in December 2002 and March 2003.
[62] Rajesh Sinha, “Killing fields - Civilians worst hit by land mines,” Hindustan Times, 13 July 2003.
[63] Landmine Monitor collated data from 48 media reports between 1 January and 31 December 2003. Details of individual reports are available. The reported total represents a minimum number as some media reports do not give an exact figure of the number killed or injured but report “several” casualties. In these cases no number was included in the analysis.
[64] Landmine Monitor collated data from 78 media reports between 1 January and 31 December 2002. Details of individual reports are available.
[65] Landmine Monitor collated data from 35 media reports between 1 January and 31 December 2001. Details of individual reports are available.
[66] Email to Landmine Monitor (HI) from Balkrishna Kurvey, IIPDEP, 2 September 2004.
[67] Landmine Monitor collated data from eleven media reports between 1 January and 26 June 2004. Details of individual reports are available.
[68] Rahul Bedi, “Picking mines on the border,” Frontline, Volume 20 – Issue 03, 1-14 February 2003; Binoo Joshi, “Indian army officers killed in de-mining accident near India-Pakistan border,” Associated Press (Jammu), 30 January 2003; “Jawan injured in landmine blast during demining operation,” PTI (Jammu), 5 August 2003; “Major killed in demining operation,” The Times of India, 2 October 2003.
[69] Rahul Bedi, “Picking mines on the border,” Frontline, Volume 20 – Issue 03, 1-14 February 2003.
[70] “UN Peacekeeper killed by Landmine in the DRC,” Xinhua, 13 May 2002.
[71] “Indian militants kill six Bhutanese nationals in landmine blast,” Agence France-Presse, 31 July 2001.
[72] See Landmine Monitor Report 2000, pp. 494-495.
[73] “Civilian Casualties in J&K up to 31 May 2004,” available at
www.armyinkashmir.org/v2/human_rights/cc_actual_data.shtml (accessed on 1 September 2004). This includes: 917 casualties (80 killed and 837 injured) to May 2004; 1,658 (112 killed and 1,546 injured) in 2003; 1,831 (117 killed and 1,714 injured) in 2002; 2,253 (133 killed and 2,120 injured) in 2001; 1,387 (129 killed and 1,258 injured) in 2000; 1,211 (92 killed and 1,119 injured) in 1999.
[74] IIPDEP interviews with mine survivors in seven border villages in December 2002 and March 2003.
[75] Ibid.
[76] Article 13 Report, Form B, 27 October 2003.
[77] Letter No. 106/5/2003 from Dr. Sheel Kant Sharma, Ministry of External Affairs, 28 July 2003.
[78] “Launching of Mobile Medical teams under Border Area Development Program,” available at www.armyinkashmir.org/v2/army_for_j&k/launching_mmts.shtml (accessed 1 September 2004).
[79] Handicap International, “Program Summary: India 2004,” 30 November 2003.
[80] Sullivan, “In a dusty Indian city, amputees find hope in a handmade foot,” Associated Press, 28 January 2003; see also www.jaipurfoot.org .
[81] Ian McWilliam, “Jaipur foot for Afghan amputees: Thousands have lost limbs during 20 years of war,” BBC, 4 January 2002.
[82] ICBL, “Portfolio of Landmine Victim Assistance Programs,” September 2002.
[83] Details on the activities of these NGOs were not available to Landmine Monitor. For a list of the NGOs see www.indianngos.com/states/jammu.html (accessed 1 September 2004).
[84] ICNA Relief, see www.reliefonline.org/kashmir/kashmir.htm (accessed 1 September 2004).
[85] Masson Hussain, “The Perpetual Minefield,” Kashmir Times, 13 January 2002; see also “Artificial Limbs to Militancy Victims and Handicapped Persons,” available at
www.armyinkashmir.or/v2/army_for_j&k/mh_artificial_lambs.shtml (accessed 1 September 2004).
[86] “The Persons with Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995,” available at http://disabilityindia.org/pwdacts.cfm, accessed 1 September 2004.
[87] US Department of State, “Country Reports on Human Rights Practices – India 2003,” Bureau of Democracy, Human Rights, and Labor, Washington DC, 25 February 2004.
[88] Anuradha Bhasin Jamwal, “Walking into the Death Trap,” Newsline, February 2002.
[89] Luv Puri, “Danger zone,” The Hindu, 18 July 2004.
[90] Article 13 Report, Form B, 27 October 2003.
[91] Email from Balkrishna Kurvey, IIPDEP, 2 September 2004.