India: Information on whether police can remove or arrest individuals from a private school in Punjab without an arrest warrant or a search warrant (1993 to 1994); and on the extent to which the Constitution is respected by the police in the matter of arrest in Punjab
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 May 1995 |
| Citation / Document Symbol | IND20839.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, India: Information on whether police can remove or arrest individuals from a private school in Punjab without an arrest warrant or a search warrant (1993 to 1994); and on the extent to which the Constitution is respected by the police in the matter of arrest in Punjab, 1 May 1995, IND20839.E, available at: https://www.refworld.org/docid/3ae6abfa28.html [accessed 30 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Information on these specific subjects could not be found among the sources consulted by the DIRB.
According to the United States Department of State publication Country Reports 1994,
police must obtain warrants for searches and seizures. In a criminal investigation, the police may conduct searches without warrants to avoid undue delay, but they must justify the searches in writing to the nearest magistrate with jurisdiction over the offense. The authorities in Jammu and Kashmir, Punjab, and Assam have special powers to search and arrest without a warrant (1995, 1225).
The U.S. Department of State's Office of Asylum Affairs (OAA) states that the Armed Forces Special Powers Act of 1983 gives "the authorities power to conduct searches without a warrant" (Dec. 1994, 6). The source did not state which level(s) of authorities had this power under the Act. Country Reports 1994 further states that "problems with the absence of police arrest records is particularly common in Punjab, where a number of disappearances were reported" (1995, 1222).
Please consult page 1223 of Country Reports 1994 for general information on arrest under the Constitution and the rights of detainees. This publication is available at Regional Documentation Centres.
According to Human Rights Watch (HRW), "the TADA [Terrorist and Disruptive Activities (Prevention) Act] law grants sweeping powers to local authorities to arrest and detain suspects, allows for lengthy pre-trial detentions, and reverses the presumption of innocence" (HRWWR 1995, 153). The attachment from Amnesty International (AI) provides further information on TADA, which the Indian government has, according to one source, considered replacing (Reuters 3 Apr. 1995).
The attachment from the Australian Refugees, Immigration and Asylum Section (RIAS) provides general information on arrest warrants in India.
For general information on Punjab, please consult the Question and Answer Series paper India: Punjab Human Rights Update of January 1994, which is available at Regional Documentation Centres.
This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Country Reports on Human Rights Practices for 1994. 1995. United States Department of State. Washington, DC: United States Government Printing Office.
Human Rights Watch (HRW). 1995. Human Rights Watch World Report 1995. New York: Human Rights Watch.
Office of Asylum Affairs (OAA), Human Rights and Humanitarian Affairs. December 1994. India: Comments on Country Conditions and Asylum Claims. Washington, DC: United States Department of State.
Reuters. 3 April 1995. BC Cycle. Rahul Sharma. "India to Tone Down Terrorist Law to Woo Voters." (NEXIS)
Attachments
Amnesty International (AI). November 1994. India: The Terrorist and Disruptive Activities (Prevention) Act: The lack of 'scrupulous care'. (AI Index: ASA 20/39/94). London: AI, pp. 1-2.
Refugees, Immigration and Asylum Section (RIAS). June 1994. Country Profile: India. Parkes, ACT, Australia: Department of Foreign Affairs and Trade, pp. 9-10.
Reuters. 3 April 1995. BC Cycle. Rahul Sharma. "India to Tone Down Terrorist Law to Woo Voters." (NEXIS)
Additional Sources Consulted
Amnesty International Report. Yearly. 1994.
DIRB "Amnesty International: India" file. 1993 to present.
Encyclopedia of India. 1994. Vol. 18. Manmohan Kaur. "Punjab."
The Europa World Year Book. Yearly. 1994.
World Encyclopedia of Police Forces and Penal Systems. 1989.
