The e-Advocate Legal Missions International Esther 1
The Republic of
India
Human Rights & The Judiciary of India
“Helping Individuals, Organizations & Communities Achieve Their Full Potential” Vol. III, Issue IX – Q-1 January| February| March 2017
Quarterly Review
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The Advocacy Foundation, Inc. Helping Individuals, Organizations & Communities Achieve Their Full Potential
Legal Missions International The Republic of
India
“Helping Individuals, Organizations & Communities Achieve Their Full Potential 1735 Market Street, Suite 3750 Philadelphia, PA 19102
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Biblical Authority ______
Esther 1 (NIV) Queen Vashti Deposed 1 This is what happened during the time of Xerxes, the Xerxes who ruled over 127 provinces stretching from India to Cush: 2 At that time King Xerxes reigned from his royal throne in the citadel of Susa, 3 and in the third year of his reign he gave a banquet for all his nobles and officials. The military leaders of Persia and Media, the princes, and the nobles of the provinces were present. 4
For a full 180 days he displayed the vast wealth of his kingdom and the splendor and glory of his majesty. 5 When these days were over, the king gave a banquet, lasting seven days, in the enclosed garden of the king‘s palace, for all the people from the least to the greatest who were in the citadel of Susa. 6 The garden had hangings of white and blue linen, fastened with cords of white linen and purple material to silver rings on marble pillars. There were couches of gold and silver on a mosaic pavement of porphyry, marble, mother-of-pearl and other costly stones. 7 Wine was served in goblets of gold, each one different from the other, and the royal wine was abundant, in keeping with the king‘s liberality. 8 By the king‘s command each guest was allowed to drink with no restrictions, for the king instructed all the wine stewards to serve each man what he wished. 9
Queen Vashti also gave a banquet for the women in the royal palace of King Xerxes.
10
On the seventh day, when King Xerxes was in high spirits from wine, he commanded the seven eunuchs who served him—Mehuman, Biztha, Harbona, Bigtha, Abagtha, Zethar and Karkas— 11 to bring before him Queen Vashti, wearing her royal crown, in order to display her beauty to the people and nobles, for she was lovely to look at. 12 But when the attendants delivered the king‘s command, Queen Vashti refused to come. Then the king became furious and burned with anger. 13
Since it was customary for the king to consult experts in matters of law and justice, he spoke with the wise men who understood the times 14 and were closest to the king—Karshena, Shethar, Admatha, Tarshish, Meres, Marsena and Memukan, the seven nobles of Persia and Media who had special access to the king and were highest in the kingdom. 15
―According to law, what must be done to Queen Vashti?‖ he asked. ―She has not obeyed the command of King Xerxes that the eunuchs have taken to her.‖ 16
Then Memukan replied in the presence of the king and the nobles, ―Queen Vashti has done wrong, not only against the king but also against all the nobles and the peoples of all the Page 4 of 78
provinces of King Xerxes. 17 For the queen‘s conduct will become known to all the women, and so they will despise their husbands and say, ‗King Xerxes commanded Queen Vashti to be brought before him, but she would not come.‘ 18 This very day the Persian and Median women of the nobility who have heard about the queen‘s conduct will respond to all the king‘s nobles in the same way. There will be no end of disrespect and discord. 19
―Therefore, if it pleases the king, let him issue a royal decree and let it be written in the laws of Persia and Media, which cannot be repealed, that Vashti is never again to enter the presence of King Xerxes. Also let the king give her royal position to someone else who is better than she. 20 Then when the king‘s edict is proclaimed throughout all his vast realm, all the women will respect their husbands, from the least to the greatest.‖ 21
The king and his nobles were pleased with this advice, so the king did as Memukan proposed. He sent dispatches to all parts of the kingdom, to each province in its own script and to each people in their own language, proclaiming that every man should be ruler over his own household, using his native tongue. 22
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Table of Contents India ______
Biblical Authority I.
Introduction
II.
History
III.
Politics & Government
IV.
Geography
V.
Demographics
VI.
India‘s Economy
VII. Education Healthcare & Culture VIII. Human Rights in India IX.
Foreign Relations and Military
X.
Sports
Attachment A The Judiciary of India
Copyright © 2015 The Advocacy Foundation, Inc. All Rights Reserved.
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Introduction India (ɪndiə/), officially the Republic of India (Bhārat Gaṇarājya), is a country in South Asia. It is the seventhlargest country by area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the south-west, and the Bay of Bengal on the south-east, it shares land borders with Pakistan to the west; China, Nepal, and Bhutan to the north-east; and Burma (Myanmar) and Bangladesh to the east. In the Indian Ocean, India is in the vicinity of Sri Lanka and the Maldives; in addition, India's Andaman and Nicobar Islands share a maritime border with Thailand and Indonesia. Home to the ancient Indus Valley Civilisation and a region of historic trade routes and vast empires, the Indian subcontinent was identified with its commercial and cultural wealth for much of its long history. Four religions—Hinduism, Buddhism, Jainism, and Sikhism—originated here, whereas Zoroastrianism and the abrahamic religions of Judaism, Christianity, and Islam arrived in the 1st millennium CE and also helped shape the region's diverse culture. Gradually annexed by and brought under the administration of the British East India Company from the early 18th century and administered directly by the United Kingdom after the Indian Rebellion of 1857, India became an independent nation in 1947 after a struggle for independence that was marked by non-violent resistance led by Mahatma Gandhi. The Indian economy is the world's Seventh-largest by nominal GDP and third-largest by purchasing power parity (PPP). Following market-based economic reforms in 1991, India became one of the fastest-growing major economies; it is considered a newly industrialised country. However, it continues to face the challenges of poverty, corruption, malnutrition, inadequate public healthcare, and terrorism. A nuclear weapons state and a regional power, it has the third-largest standing army in the world and ranks ninth in military expenditure among nations. India is a federal constitutional republic governed under a parliamentary system consisting of 29 states and 7 union territories. India is a pluralistic, multilingual, and a multiethnic society. It is also home to a diversity of wildlife in a variety of protected habitats.
Etymology The name India is derived from Indus, which originates from the Old Persian word Hinduš. The latter term stems from the Sanskrit word Sindhu, which was the historical local appellation for the Indus River. The ancient Greeks referred to the Indians as Indoi (Ινδοί), which translates as "the people of the Indus".
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The geographical term Bharat (pronounced [bʱaːrət]), which is recognised by the Constitution of India as an official name for the country, is used by many Indian languages in its variations. The eponym of Bharat is Bharata, a theological figure that Hindu scriptures describe as a legendary emperor of ancient India. Hindustan ([ɦɪndʊstaːn]) was originally a Persian word that meant "Land of the Hindus"; prior to 1947, it referred to a region that encompassed northern India and Pakistan. It is occasionally used to solely denote India in its entirety.
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History Ancient India The earliest authenticated human remains in South Asia date to about 30,000 years ago. Nearly contemporaneous Mesolithic rock art sites have been found in many parts of the Indian subcontinent, including at the Bhimbetka rock shelters in Madhya Pradesh. Around 7000 BCE, the first known Neolithic settlements appeared on the subcontinent in Mehrgarh and other sites in western Pakistan. These gradually developed into the Indus Valley Civilisation, the first urban culture in South Asia; It flourished during 2600–1900 BCE in Pakistan and western India. Centred on cities such as Mohenjo-daro, Harappa, Dholavira, and Kalibangan, and relying on varied forms of subsistence, the civilisation engaged robustly in crafts production and wide-ranging trade. During the period 2000–500 BCE, in terms of culture, many regions of the subcontinent transitioned from the Chalcolithic to the Iron Age. The Vedas, the oldest scriptures of Hinduism, were composed during this period, and historians have analysed these to posit a Vedic culture in the Punjab region and the upper Gangetic Plain. Most historians also consider this period to have encompassed several waves of Indo-Aryan migration into the subcontinent. The caste system arose during this period, which created a hierarchy of priests, warriors, free peasants and traders, and lastly the indigenous peoples who were regarded as impure; and small tribal units gradually coalesced into monarchical, state-level polities. On the Deccan Plateau, archaeological evidence from this period suggests the existence of a chiefdom stage of political organisation. In southern India, a progression to sedentary life is indicated by the large number of megalithic monuments dating from this period, as well as by nearby traces of agriculture, irrigation tanks, and craft traditions. In the late Vedic period, around the 6th century BCE, the small states and chiefdoms of the Ganges Plain and the north-western regions had consolidated into 16 major oligarchies and monarchies that were known as the mahajanapadas. The emerging urbanisation and the orthodoxies of this age also created heterodox religious movements, two of which became independent religions. Buddhism, based on the teachings of Gautama Buddha attracted followers from all social classes excepting the middle class; chronicling the life of the Buddha was central to the beginnings of recorded history in India. Jainism came into prominence during the life of its exemplar, Mahavira. In an age of increasing urban wealth, both religions held up renunciation as an ideal, and both established long-lasting monastic traditions. Politically, by the 3rd century BCE, the kingdom of Magadha had annexed or reduced other states to emerge as the Mauryan Empire. The empire was once thought to have controlled most of the subcontinent excepting the far south, but its core regions are now thought to have been separated by large autonomous areas. The Mauryan kings are known as much for their empire-building and determined management of
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public life as for Ashoka's renunciation of militarism and far-flung advocacy of the Buddhist dhamma. The Sangam literature of the Tamil language reveals that, between 200 BCE and 200 CE, the southern peninsula was being ruled by the Cheras, the Cholas, and the Pandyas, dynasties that traded extensively with the Roman Empire and with West and South-East Asia. In North India, Hinduism asserted patriarchal control within the family, leading to increased subordination of women. By the 4th and 5th centuries, the Gupta Empire had created in the greater Ganges Plain a complex system of administration and taxation that became a model for later Indian kingdoms. Under the Guptas, a renewed Hinduism based on devotion rather than the management of ritual began to assert itself. The renewal was reflected in a flowering of sculpture and architecture, which found patrons among an urban elite. Classical Sanskrit literature flowered as well, and Indian science, astronomy, medicine, and mathematics made significant advances.
Medieval India The Indian early medieval age, 600 CE to 1200 CE, is defined by regional kingdoms and cultural diversity. When Harsha of Kannauj, who ruled much of the Indo-Gangetic Plain from 606 to 647 CE, attempted to expand southwards, he was defeated by the Chalukya ruler of the Deccan. When his successor attempted to expand eastwards, he was defeated by the Pala king of Bengal. When the Chalukyas attempted to expand southwards, they were defeated by the Pallavas from farther south, who in turn were opposed by the Pandyas and the Cholas from still farther south. No ruler of this period was able to create an empire and consistently control lands much beyond his core region. During this time, pastoral peoples whose land had been cleared to make way for the growing agricultural economy were accommodated within caste society, as were new nontraditional ruling classes. The caste system consequently began to show regional differences. In the 6th and 7th centuries, the first devotional hymns were created in the Tamil language. They were imitated all over India and led to both the resurgence of Hinduism and the development of all modern languages of the subcontinent. Indian royalty, big and small, and the temples they patronised, drew citizens in great numbers to the capital cities, which became economic hubs as well. Temple towns of various sizes began to appear everywhere as India underwent another urbanisation. By the 8th and 9th centuries, the effects were felt in South-East Asia, as South Indian culture and political systems were exported to lands that became part of modern-day Myanmar, Thailand, Laos, Cambodia, Vietnam, Philippines, Malaysia, and Java. Indian Page 13 of 78
merchants, scholars, and sometimes armies were involved in this transmission; South-East Asians took the initiative as well, with many sojourning in Indian seminaries and translating Buddhist and Hindu texts into their languages. After the 10th century, Muslim Central Asian nomadic clans, using swift-horse cavalry and raising vast armies united by ethnicity and religion, repeatedly overran South Asia's northwestern plains, leading eventually to the establishment of the Islamic Delhi Sultanate in 1206. The sultanate was to control much of North India, and to make many forays into South India. Although at first disruptive for the Indian elites, the sultanate largely left its vast non-Muslim subject population to its own laws and customs. By repeatedly repulsing Mongol raiders in the 13th century, the sultanate saved India from the devastation visited on West and Central Asia, setting the scene for centuries of migration of fleeing soldiers, learned men, mystics, traders, artists, and artisans from that region into the subcontinent, thereby creating a syncretic IndoIslamic culture in the north. The sultanate's raiding and weakening of the regional kingdoms of South India paved the way for the indigenous Vijayanagara Empire. Embracing a strong Shaivite tradition and building upon the military technology of the sultanate, the empire came to control much of peninsular India, and was to influence South Indian society for long afterwards.
Early Modern India
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In the early 16th century, northern India, being then under mainly Muslim rulers, fell again to the superior mobility and firepower of a new generation of Central Asian warriors. The resulting Mughal Empire did not stamp out the local societies it came to rule, but rather balanced and pacified them through new administrative practices and diverse and inclusive ruling elites, leading to more systematic, centralised, and uniform rule. Eschewing tribal bonds and Islamic identity, especially under Akbar, the Mughals united their far-flung realms through loyalty, expressed through a Persianised culture, to an emperor who had near-divine status. The Mughal state's economic policies, deriving most revenues from agriculture and mandating that taxes be paid in the well-regulated silver currency, caused peasants and artisans to enter larger markets. The relative peace maintained by the empire during much of the 17th century was a factor in India's economic expansion, resulting in greater patronage of painting, literary forms, textiles, and architecture. Newly coherent social groups in northern and western India, such as the Marathas, the Rajputs, and the Sikhs, gained military and governing ambitions during Mughal rule, which, through collaboration or adversity, gave them both recognition and military experience. Expanding commerce during Mughal rule gave rise to new Indian commercial and political elites along the coasts of southern and eastern India. As the empire disintegrated, many among these elites were able to seek and control their own affairs. The "single most important power" that emerged in the early modern period was the Maratha confederacy. By the early 18th century, with the lines between commercial and political dominance being increasingly blurred, a number of European trading companies, including the English East India Company, had established coastal outposts. The East India Company's control of the seas, greater resources, and more advanced military training and technology led it to increasingly flex its military muscle and caused it to become attractive to a portion of the Indian elite; both these factors were crucial in allowing the Company to gain control over the Bengal region by 1765 and sideline the other European companies. Its further access to the riches of Bengal and the subsequent increased strength and size of its army enabled it to annex or subdue most of India by the 1820s. India was then no longer exporting manufactured goods as it long had, but was instead supplying the British empire with raw materials, and many historians consider this to be the onset of India's colonial period. By this time, with its economic power severely curtailed by the British parliament and itself effectively made an arm of British administration, the Company began to more consciously enter non-economic arenas such as education, social reform, and culture.
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Modern India Historians consider India's modern age to have begun sometime between 1848 and 1885. The appointment in 1848 of Lord Dalhousie as Governor General of the East India Company set the stage for changes essential to a modern state. These included the consolidation and demarcation of sovereignty, the surveillance of the population, and the education of citizens. Technological changes—among them, railways, canals, and the telegraph—were introduced not long after their introduction in Europe. However, disaffection with the Company also grew during this time, and set off the Indian Rebellion of 1857. Fed by diverse resentments and perceptions, including invasive British-style social reforms, harsh land taxes, and summary treatment of some rich landowners and princes, the rebellion rocked many regions of northern and central India and shook the foundations of Company rule. Although the rebellion was suppressed by 1858, it led to the dissolution of the East India Company and to the direct administration of India by the British government. Proclaiming a unitary state and a gradual but limited British-style parliamentary system, the new rulers also protected princes and landed gentry as a feudal safeguard against future unrest. In the decades following, public life gradually emerged all over India, leading eventually to the founding of the Indian National Congress in 1885. The rush of technology and the commercialisation of agriculture in the second half of the 19th century was marked by economic setbacks—many small farmers became dependent on the whims of far-away markets. There was an increase in the number of large-scale famines, and, despite the risks of infrastructure development borne by Indian taxpayers, little industrial employment was generated for Indians. There were also salutary effects: commercial cropping, especially in the newly canalled Punjab, led to increased food production for internal consumption. The railway network provided critical famine relief, notably reduced the cost of moving goods, and helped nascent Indian-owned industry. After World War I, in which some one million Indians served, a new period began. It was marked by British reforms but also repressive legislation, by more strident Indian calls for self-rule, and by the beginnings of a nonviolent movement of non-cooperation, of which Mohandas Karamchand Gandhi would become the leader and enduring symbol. During the 1930s, slow legislative reform was enacted by the British; the Indian National Congress won victories in the resulting elections. The next decade was beset with crises: Indian participation in World War II, the Congress's final push for non-cooperation, and an upsurge of Muslim nationalism. All were capped by the advent of independence in 1947, but tempered by the partition of India into two states: India and Pakistan. Page 16 of 78
Vital to India's self-image as an independent nation was its constitution, completed in 1950, which put in place a secular and democratic republic (on independence in 1947 George VI ceased to be Emperor of India, rescinded retroactively by Act of Parliament 22 June 1948, and became King of India until 26 January 1950) In the 60 years since, India has had a mixed record of successes and failures. It has remained a democracy with civil liberties, an active Supreme Court, and a largely independent press. Economic liberalisation, which was begun in the 1990s, has created a large urban middle class, transformed India into one of the world's fastest-growing economies, and increased its geopolitical clout. Indian movies, music, and spiritual teachings play an increasing role in global culture. Yet, India is also shaped by seemingly unyielding poverty, both rural and urban; by religious and caste-related violence; by Maoist-inspired Naxalite insurgencies; and by separatism in Jammu and Kashmir and in Northeast India. It has unresolved territorial disputes with China, and with Pakistan. The India–Pakistan nuclear rivalry came to a head in 1998. India's sustained democratic freedoms are unique among the world's new nations; however, in spite of its recent economic successes, freedom from want for its disadvantaged population remains a goal yet to be achieved.
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Politics & Government India is the world's most populous democracy. A parliamentary republic with a multi-party system, it has six recognised national parties, including the Indian National Congress and the Bharatiya Janata Party (BJP), and more than 40 regional parties. The Congress is considered centre-left or "liberal" in Indian political culture, and the BJP centre-right or "conservative". For most of the period between 1950—when India first became a republic—and the late 1980s, the Congress held a majority in the parliament. Since then, however, it has increasingly shared the political stage with the BJP, as well as with powerful regional parties which have often forced the creation of multi-party coalitions at the centre.
In the Republic of India's first three general elections, in 1951, 1957, and 1962, the Jawaharlal Nehru-led Congress won easy victories. On Nehru's death in 1964, Lal Bahadur Shastri briefly became prime minister; he was succeeded, after his own unexpected death in 1966, by Indira Gandhi, who went on to lead the Congress to election victories in 1967 and 1971. Following public discontent with the state of emergency she declared in 1975, the Congress was voted out of power in 1977; the then-new Janata Party, which had opposed the emergency, was voted in. Its government lasted just over three years. Voted back into power in 1980, the Congress saw a change in leadership in 1984, when Indira Gandhi was assassinated; she was succeeded by her son Rajiv Gandhi, who won an easy victory in the general elections later that year. The Congress was voted out again in 1989 when a National Front coalition, led by the newly formed Janata Dal in alliance with the Left Front, won the elections; that government too proved relatively shortlived: it lasted just under two years. Elections were held again in 1991; no party won an absolute majority. But the Congress, as the largest single party, was able to form a minority government led by P. V. Narasimha Rao.
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A two-year period of political turmoil followed the general election of 1996. Several short-lived alliances shared power at the centre. The BJP formed a government briefly in 1996; it was followed by two comparatively long-lasting United Front coalitions, which depended on external support. In 1998, the BJP was able to form a successful coalition, the National Democratic Alliance (NDA). Led by Atal Bihari Vajpayee, the NDA became the first non-Congress, coalition government to complete a five-year term. In the 2004 Indian general elections, again no party won an absolute majority, but the Congress emerged as the largest single party, forming another successful coalition: the United Progressive Alliance (UPA). It had the support of leftleaning parties and MPs who opposed the BJP. The UPA returned to power in the 2009 general election with increased numbers, and it no longer required external support from India's communist parties. That year, Manmohan Singh became the first prime minister since Jawaharlal Nehru in 1957 and 1962 to be re-elected to a consecutive five-year term. In the 2014 general election, Bharatiya Janata Party became the first political party since 1984 to win a majority and govern without the support of other parties. The current Prime Minister of India is Narendra Modi who was also the former Chief Minister of Gujarat.
Government India is a federation with a parliamentary system governed under the Constitution of India, which serves as the country's supreme legal document. It is a constitutional republic and representative democracy, in which "majority rule is tempered by minority rights protected by law". Federalism in India defines the power distribution between the federal government and the states. The government abides by constitutional checks and balances. The Constitution of India, which came into effect on 26 January 1950, states in its preamble that India is a sovereign, socialist, secular, democratic republic. India's form of government, traditionally described as "quasi-federal" with a strong centre and weak states, has grown increasingly federal since the late 1990s as a result of political, economic, and social changes.
Flag Emblem Anthem Song Currency Calendar Animal Bird Flower Fruit Tree River Game
National symbols Tiranga Sarnath Lion Capital Jana Gana Mana Vande Mataram (Indian rupee) Saka Tiger (land) River Dolphin (aquatic) Indian Peafowl Lotus Mango Banyan Ganga or Ganges Not declared[160]
The federal government comprises three branches:
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Executive: The President of India is the head of state and is elected indirectly by a national electoral college for a five-year term. The Prime Minister of India is the head of government and exercises most executive power. Appointed by the president, the prime minister is by convention supported by the party or political alliance holding the majority of seats in the lower house of parliament. The executive branch of the Indian government consists of the president, the vice-president, and the Council of Ministers—the cabinet being its executive committee—headed by the prime minister. Any minister holding a portfolio must be a member of one of the houses of parliament. In the Indian parliamentary system, the executive is subordinate to the legislature; the prime minister and his council are directly responsible to the lower house of the parliament. Legislative: The legislature of India is the bicameral parliament. It operates under a Westminster-style parliamentary system and comprises the upper house called the Rajya Sabha ("Council of States") and the lower called the Lok Sabha ("House of the People"). The Rajya Sabha is a permanent body that has 245 members who serve in staggered sixyear terms. Most are elected indirectly by the state and territorial legislatures in numbers proportional to their state's share of the national population. All but two of the Lok Sabha's 545 members are directly elected by popular vote; they represent individual constituencies via five-year terms. The remaining two members are nominated by the president from among the Anglo-Indian community, in case the president decides that they are not adequately represented. Judicial: India has a unitary three-tier independent judiciary that comprises the Supreme Court, headed by the Chief Justice of India, 24 High Courts, and a large number of trial courts. The Supreme Court has original jurisdiction over cases involving fundamental rights and over disputes between states and the centre; it has appellate jurisdiction over the High Courts. It has the power both to declare the law and to strike down union or state laws which contravene the constitution. The Supreme Court is also the ultimate interpreter of the constitution.
Subdivisions India is a federation composed of 29 states and 7 union territories. All states, as well as the union territories of Puducherry and the National Capital Territory of Delhi, have elected legislatures and governments, both patterned on the Westminster model. The remaining five union territories are directly ruled by the centre through appointed administrators. In 1956, under the States Reorganisation Act, states were reorganised on a linguistic basis. Since then, their structure has remained largely unchanged. Each state or union territory is further divided into administrative districts. The districts in turn are further divided into tehsils and ultimately into villages. A clickable map of the 29 states and 7 union territories of India
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States 1. Andhra Pradesh 2. Arunachal Pradesh 3. Assam 4. Bihar 5. Chhattisgarh 6. Goa 7. Gujarat 8. Haryana 9. Himachal Pradesh 10. Jammu and Kashmir 11. Jharkhand 12. Karnataka 13. Kerala 14. Madhya Pradesh 15. Maharashtra 16. Manipur 17. Meghalaya 18. Mizoram 19. Nagaland 20. Odisha 21. Punjab 22. Rajasthan 23. Sikkim 24. Tamil Nadu 25. Telangana 26. Tripura 27. Uttar Pradesh 28. Uttarakhand 29. West Bengal Union Territories A. B. C. D. E. F. G.
Andaman and Nicobar Islands Chandigarh Dadra and Nagar Haveli Daman and Diu Lakshadweep National Capital Territory of Delhi Puducherry
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Geography India comprises the bulk of the Indian subcontinent, lying atop the Indian tectonic plate, and part of the Indo-Australian Plate. India's defining geological processes began 75 million years ago when the Indian plate, then part of the southern supercontinent Gondwana, began a north-eastward drift caused by seafloor spreading to its southwest, and later, south and south-east. Simultaneously, the vast Tethyn oceanic crust, to its northeast, began to subduct under the Eurasian plate. These dual processes, driven by convection in the Earth's mantle, both created the Indian Ocean and caused the Indian continental crust eventually to under-thrust Eurasia and to uplift the Himalayas. Immediately south of the emerging Himalayas, plate movement created a vast trough that rapidly filled with river-borne sediment and now constitutes the Indo-Gangetic Plain. Cut off from the plain by the ancient Aravalli Range lies the Thar Desert. The original Indian plate survives as peninsular India, the oldest and geologically most stable part of India. It extends as far north as the Satpura and Vindhya ranges in central India. These parallel chains run from the Arabian Sea coast in Gujarat in the west to the coal-rich Chota Nagpur Plateau in Jharkhand in the east. To the south, the remaining peninsular landmass, the Deccan Plateau, is flanked on the west and east by coastal ranges known as the Western and Eastern Ghats; the plateau contains the country's oldest rock formations, some over one billion years old. Constituted in such fashion, India lies to the north of the equator between 6째 44' and 35째 30' north latitude and 68째 7' and 97째 25' east longitude. India's coastline measures 7,517 kilometres (4,700 mi) in length; of this distance, 5,423 kilometres (3,400 mi) belong to peninsular India and 2,094 kilometres (1,300 mi) to the Andaman, Nicobar, and Lakshadweep island chains. According to the Indian naval hydrographic charts, the mainland coastline consists of the following: 43% sandy beaches; 11% rocky shores, including cliffs; and 46% mudflats or marshy shores. Major Himalayan-origin rivers that substantially flow through India include the Ganges and the Brahmaputra, both of which drain into the Bay of Bengal. Important tributaries of the Ganges include the Yamuna and the Kosi; the latter's extremely low gradient often leads to severe floods and course changes. Major peninsular rivers, whose steeper gradients prevent their waters from flooding, include the Godavari, the Mahanadi, the Kaveri, and the Krishna, which also drain into the Bay of Bengal; and the Narmada and the Tapti, which drain into the Arabian Sea. Coastal features include the marshy Rann of Kutch of western India and the alluvial Sundarbans delta of eastern India; the latter is shared with Bangladesh. India has two archipelagos: the Lakshadweep,
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coral atolls off India's south-western coast; and the Andaman and Nicobar Islands, a volcanic chain in the Andaman Sea. The Indian climate is strongly influenced by the Himalayas and the Thar Desert, both of which drive the economically and culturally pivotal summer and winter monsoons. The Himalayas prevent cold Central Asian katabatic winds from blowing in, keeping the bulk of the Indian subcontinent warmer than most locations at similar latitudes. The Thar Desert plays a crucial role in attracting the moisture-laden south-west summer monsoon winds that, between June and October, provide the majority of India's rainfall. Four major climatic groupings predominate in India: tropical wet, tropical dry, subtropical humid, and montane.
Biodiversity India lies within the Indomalaya ecozone and contains three biodiversity hotspots. One of 17 megadiverse countries, it hosts 8.6% of all mammalian, 13.7% of all avian, 7.9% of all reptilian, 6% of all amphibian, 12.2% of all piscine, and 6.0% of all flowering plant species. About 21.2% of the country's landmass is covered by forests (tree canopy density >10%), of which 12.2% comprises moderately or very dense forests (tree canopy density >40%). Endemism is high among plants, 33%, and among ecoregions such as the shola forests. Habitat ranges from the tropical rainforest of the Andaman Islands, Western Ghats, and North-East India to the coniferous forest of the Himalaya. Between these extremes lie the moist deciduous sal forest of eastern India; the dry deciduous teak forest of central and southern India; and the babuldominated thorn forest of the central Deccan and western Gangetic plain. The medicinal neem, widely used in rural Indian herbal remedies, is a key Indian tree. The luxuriant pipal fig tree, shown on the seals of Mohenjo-daro, shaded Gautama Buddha as he sought enlightenment.
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Many Indian species descend from taxa originating in Gondwana, from which the Indian plate separated more than 105 million years before present. Peninsular India's subsequent movement towards and collision with the Laurasian landmass set off a mass exchange of species. Epochal volcanism and climatic changes 20 million years ago forced a mass extinction. Mammals then entered India from Asia through two zoogeographical passes flanking the rising Himalaya. Thus, while 45.8% of reptiles and 55.8% of amphibians are endemic, only 12.6% of mammals and 4.5% of birds are. Among them are the Nilgiri leaf monkey and Beddome's toad of the Western Ghats. India contains 172 IUCN-designated threatened animal species, or 2.9% of endangered forms. These include the Asiatic lion, the Bengal tiger, and the Indian White-rumped vulture, which, by ingesting the carrion of diclofenac-laced cattle, nearly went extinct. The pervasive and ecologically devastating human encroachment of recent decades has critically endangered Indian wildlife. In response the system of national parks and protected areas, first established in 1935, was substantially expanded. In 1972, India enacted the Wildlife Protection Act and Project Tiger to safeguard crucial wilderness; the Forest Conservation Act was enacted in 1980 and amendments added in 1988. India hosts more than five hundred wildlife sanctuaries and thirteen biosphere reserves, four of which are part of the World Network of Biosphere Reserves; twenty-five wetlands are registered under the Ramsar Convention.
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Demographics With 1,210,193,422 residents reported in the 2011 provisional census report, India is the world's second-most populous country. Its population grew by 17.64% during 2001–2011, compared to 21.54% growth in the previous decade (1991–2001). The human sex ratio, according to the 2011 census, is 940 females per 1,000 males. The median age was 24.9 in the 2001 census. The first post-colonial census, conducted in 1951, counted 361.1 million people. Medical advances made in the last 50 years as well as increased agricultural productivity brought about by the "Green Revolution" have caused India's population to grow rapidly. India continues to face several public health-related challenges. Life expectancy in India is at 68 years with life expectancy for women being 69.6 years and for men being 67.3. There are around 50 physicians per 100,000 Indians. The number of Indians living in urban areas has grown by 31.2% between 1991 and 2001. Yet, in 2001, over 70% lived in rural areas. The level of urbanization increased from 27.81% in 2001 Census to 31.16% in 2011 Census. The slowing down of the overall growth rate of population was due to the sharp decline in the growth rate in rural areas since 1991. According to the 2011 census, there are 53 million-plus cities in India; among them Mumbai, Delhi, Bangalore, Hyderabad, Chennai, Ahmedabad, Pune and Kolkata are in order of the most populous metropolitan areas. The literacy rate in 2011 was 74.04%: 65.46% among females and 82.14% among males. The rural urban literacy gap which was 21.2 percentage points in 2001, dropped to 16.1 percentage points in 2011. The improvement in literacy rate in rural area is two times that in urban areas. Kerala is the most literate state with 93.91% literacy; while Bihar the least with 63.82%. India is home to two major language families: Indo-Aryan (spoken by about 74% of the population) and Dravidian (24%). Other languages spoken in India come from the Austroasiatic and Tibeto-Burman language families. India has no national language. Hindi, with the largest number of speakers, is the official language of the government. English is used extensively in business and administration and has the status of a "subsidiary official language"; it is important in education, especially as a medium of higher education. Each state and union territory has one or more official languages, and the constitution recognises in particular 22 "scheduled languages". The Constitution of India recognises 212 scheduled tribal groups which together constitute about 7.5% of the country's population. The 2001 census reported that Hinduism, with over 800 million adherents (80.5% of the population), was the largest religion in India; it is followed by Islam (13.4%), Christianity (2.3%), Sikhism (1.9%), Buddhism (0.8%), Jainism (0.4%), Judaism, Zoroastrianism, and the Bahá'í Faith. India has the world's largest Hindu, Sikh, Jain, Zoroastrian, and Bahá'í populations, and has the third-largest Muslim population and the largest Muslim population for a non-Muslim majority country New Delhi
Capital
28°36.8′N 77°12.5′E Mumbai
Largest city Official languages Recognised regional languages National language Demonym
Hindi English 8th Schedule None Indian
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Federal parliamentary constitutional republic President Pranab Mukherjee Vice President Mohammad Hamid Ansari Prime Minister Narendra Modi (BJP) Chief Justice H. L. Dattu Speaker of the House Sumitra Mahajan (BJP) Parliament of India Legislature Upper house Rajya Sabha Lower house Lok Sabha Independence from the United Kingdom Dominion 15 August 1947 Republic 26 January 1950 Area 3,287,590 km2 (7th) Total 1,269,346 sq mi Water (%) 9.6 Population 2011 census 1,210,193,422 (2nd) 382.3/km2 (31st) Density 990.1/sq mi GDP (PPP) April 2015 estimate Total $7.996 trillion (3rd) Per capita $6,265 (121th) GDP (nominal) April 2015 estimate Total $2.308 trillion (7th) Per capita $1,808 (131th) 33.9 Gini (2010) medium · 79th 0.586 HDI (2013) medium · 135th Indian rupee ( ) (₹) (INR) Currency IST (UTC+05:30) Time zone Summer (DST) not observed (UTC+05:30) dd-mm-yyyy (CE) Date format left Drives on the +91 Calling code IN ISO 3166 code .in Internet TLD Government
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India‘s Economy According to the International Monetary Fund (IMF), as of April 2015, the Indian economy is nominally worth US$2.306 trillion; it is the 7th-largest economy by market exchange rates, and is, at US$7.996 trillion, the third-largest by purchasing power parity, or PPP. With its average annual GDP growth rate of 5.8% over the past two decades, and reaching 6.1% during 2011–12, India is one of the world's fastest-growing economies. However, the country ranks 140th in the world in nominal GDP per capita and 129th in GDP per capita at PPP. Until 1991, all Indian governments followed protectionist policies that were influenced by socialist economics. Widespread state intervention and regulation largely walled the economy off from the outside world. An acute balance of payments crisis in 1991 forced the nation to liberalise its economy; since then it has slowly moved towards a free-market system by emphasising both foreign trade and direct investment inflows. India's recent economic model is largely capitalist. India has been a member of WTO since 1 January 1995.
The 486.6-million worker Indian labour force is the world's second-largest, as of 2011. The service sector makes up 55.6% of GDP, the industrial sector 26.3% and the agricultural sector 18.1%. Major agricultural products include rice, wheat, oilseed, cotton, jute, tea, sugarcane, and potatoes. Major industries include textiles, telecommunications, chemicals, pharmaceuticals, biotechnology, food processing, steel, transport equipment, cement, mining, petroleum, machinery, and software. In 2006, the share of external trade in India's GDP stood at 24%, up from 6% in 1985. In 2008, India's share of world trade was 1.68%; In 2011, India was the
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world's tenth-largest importer and the nineteenth-largest exporter. Major exports include petroleum products, textile goods, jewellery, software, engineering goods, chemicals, and leather manufactures. Major imports include crude oil, machinery, gems, fertiliser, and chemicals. Between 2001 and 2011, the contribution of petrochemical and engineering goods to total exports grew from 14% to 42%. India was the second largest textile exporter after China in the world in calendar year 2013. Averaging an economic growth rate of 7.5% for several years prior to 2007, India has more than doubled its hourly wage rates during the first decade of the 21st century. Some 431 million Indians have left poverty since 1985; India's middle classes are projected to number around 580 million by 2030. Though ranking 51st in global competitiveness, India ranks 17th in financial market sophistication, 24th in the banking sector, 44th in business sophistication, and 39th in innovation, ahead of several advanced economies, as of 2010. With 7 of the world's top 15 information technology outsourcing companies based in India, the country is viewed as the second-most favourable outsourcing destination after the United States, as of 2009. India's consumer market, currently the world's eleventh-largest, is expected to become fifth-largest by 2030. India's telecommunication industry, the world's fastest-growing, added 227 million subscribers during the period 2010–11, and after the first quarter of 2013, India surpassed Japan to become the third largest smartphone market in the world after China and the U.S. Its automotive industry, the world's second fastest growing, increased domestic sales by 26% during 2009–10, and exports by 36% during 2008–09. Power capacity is 250 gigawatts, of which 8% is renewable. At the end of 2011, Indian IT Industry employed 2.8 million professionals, generated revenues close to US$100 billion equalling 7.5% of Indian GDP and contributed 26% of India's merchandise exports. The pharmaceutical industry in India is among the significant emerging markets for global pharma industry. The Indian pharmaceutical market is expected to reach $48.5 billion by 2020. India's R & D spending constitutes 60% of Biopharmaceutical industry. India is among the top 12 Biotech destinations of the world. The Indian biotech industry grew by 15.1% in 2012–13, increasing its revenues from 204.4 Billion INR (Indian Rupees) to 235.24 Billion INR (3.94 B US$ - exchange rate June 2013: 1 US$ approx. 60 INR) Although hardly 2% of Indians pay income taxes. Despite impressive economic growth during recent decades, India continues to face socioeconomic challenges. India contains the largest concentration of people living below the World Bank's international poverty line of US$1.25 per day, the proportion having decreased from 60% in 1981 to 42% in 2005, and 25% in 2011 30.7% of India's children under the age of five are underweight, half the children under five suffer from chronic malnutrition, and in the states of Madhya Pradesh, Andhra Pradesh, Bihar, Chhattisgarh, Haryana, Jharkhand, Karnataka, and Uttar Pradesh, which account for 50.04% of India's population, 70% of the children between the ages of six months and 59 months are anaemic. The Mid-Day Meal Scheme attempts to lower these rates. Since 1991, economic inequality between India's states has consistently grown: the per-capita net state domestic product of the richest states in 2007 was 3.2 times that of the
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poorest. Corruption in India is perceived to have increased significantly, with one report estimating the illegal capital flows since independence to be US$462 billion. Driven by growth, India's nominal GDP per capita has steadily increased from US$329 in 1991, when economic liberalisation began, to US$1,265 in 2010, and is estimated to increase to US$2,110 by 2016; however, it has remained lower than those of other Asian developing countries such as Indonesia, Iran, Malaysia, Philippines, Sri Lanka, and Thailand, and is expected to remain so in the near future. While it is currently higher than Pakistan, Nepal, Bangladesh and others. According to a 2011 PricewaterhouseCoopers report, India's GDP at purchasing power parity could overtake that of the United States by 2045. During the next four decades, Indian GDP is expected to grow at an annualised average of 8%, making it potentially the world's fastestgrowing major economy until 2050. The report highlights key growth factors: a young and rapidly growing working-age population; growth in the manufacturing sector because of rising education and engineering skill levels; and sustained growth of the consumer market driven by a rapidly growing middle class. The World Bank cautions that, for India to achieve its economic potential, it must continue to focus on public sector reform, transport infrastructure, agricultural and rural development, removal of labour regulations, education, energy security, and public health and nutrition.
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Education, Healthcare & Culture Education Education in India is provided by the public sector as well as the private sector, with control and funding coming from three levels: central, state, and local. Under various articles of the Indian Constitution, free and compulsory education is provided as a fundamental right to children between the ages of 6 and 14. India has made progress in terms of increasing the primary education attendance rate and expanding literacy to approximately three-quarters of the population in the 7-100 age group, by 2011. India's improved education system is often cited as one of the main contributors to its economic development. Much of the progress, especially in higher education and scientific research, has been credited to various public institutions. At the primary and secondary level, India has a large private school system complementing the government run schools, with 29% of students receiving private education in the 6 to 14 age group. Certain post-secondary technical schools are also private. The private education market in India had a revenue of US$450 million in 2008, but is projected to be a US$40 billion market. As per the Annual Status of Education Report (ASER) 2012, 96.5% of all rural children between the ages of 6-14 were enrolled in school. This is the fourth annual survey to report enrollment above 96%. Another report from 2013 stated that there were 229 million students enrolled in different accredited urban and rural schools of India, from Class I to XII, representing an increase of 2.3 million students over 2002 total enrollment, and a 19% increase in girl's enrollment. While quantitatively India is inching closer to universal education, the quality of its education has been questioned particularly in its government run school system. Some of the reasons for the poor quality include absence of around 25 percent of teachers everyday. States of India have introduced tests and education assessment system to identify and improve such schools. It is important to clarify that while there are private schools in India, they are highly regulated in terms of what they can teach, in what form they can operate (must be a non-profit to run any accredited educational institution) and all other aspects of operation. Hence, the differentiation of government schools and private schools can be misguiding.
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In India's education system, a significant number of seats are reserved under affirmative action policies for the historically disadvantaged Scheduled Castes and Scheduled Tribes and Other Backward Classes. In universities, colleges, and similar institutions affiliated to the federal government, there is a minimum 50% of reservations applicable to these disadvantaged groups, at the state level it can vary. Maharashtra had 73% reservation in 2014, which is the highest percentage of reservations in India.
Women’s Education Women have a much lower literacy rate than men. Far fewer girls are enrolled in the schools, and many of them drop out. In the patriarchal setting of the Indian family, girls have lower status and fewer privileges than boy children. Conservative cultural attitudes prevents some girls from attending school. The number of literate women among the female population of India was between 2–6% from the British Raj onwards to the formation of the Republic of India in 1947. Concerted efforts led to improvement from 15.3% in 1961 to 28.5% in 1981. By 2001 literacy for women had exceeded 50% of the overall female population, though these statistics were still very low compared to world standards and even male literacy within India. Recently the Indian government has launched Saakshar Bharat Mission for Female Literacy. This mission aims to bring down female illiteracy by half of its present level. Sita Anantha Raman outlines the progress of women's education in India: Since 1947 the Indian government has tried to provide incentives for girls' school attendance through programmes for midday meals, free books, and uniforms. This welfare thrust raised primary enrollment between 1951 and 1981. In 1986 the National Policy on Education decided Page 36 of 78
to restructure education in tune with the social framework of each state, and with larger national goals. It emphasized that education was necessary for democracy, and central to the improvement of women's condition. The new policy aimed at social change through revised texts, curricula, increased funding for schools, expansion in the numbers of schools, and policy improvements. Emphasis was placed on expanding girls' occupational centres and primary education; secondary and higher education; and rural and urban institutions. The report tried to connect problems like low school attendance with poverty, and the dependence on girls for housework and sibling day care. The National Literacy Mission also worked through female tutors in villages. Although the minimum marriage age is now eighteen for girls, many continue to be married much earlier. Therefore, at the secondary level, female dropout rates are high. Sita Anantha Raman also maintains that while the educated Indian women workforce maintains professionalism, the men outnumber them in most fields and, in some cases, receive higher income for the same positions. The education of women in India plays a significant role in improving livings standards in the country. A higher women literacy rate improves the quality of life both at home and outside the home, by encouraging and promoting education of children, especially female children, and in reducing the infant mortality rate. Several studies have shown that a lower level of women literacy rates results in higher levels of fertility and infant mortality, poorer nutrition, lower earning potential and the lack of an ability to make decisions within a household. Women's lower educational levels is also shown to adversely affect the health and living conditions of children. A survey that was conducted in India showed results which support the fact that infant mortality rate was inversely related to female literacy
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rate and educational level. The survey also suggests a correlation between education and economic growth. In India, it was found that there is a large disparity between female literacy rates in different states. For example, while Kerala actually has a female literacy rate of about 86 percent, Bihar and Uttar Pradesh have female literacy rates around 55-60 percent. These values are further correlated with health levels of the Indians, where it was found that Kerala was the state with the lowest infant mortality rate while Bihar and Uttar Pradesh are the states with the lowest life expectancies in India. Furthermore, the disparity of female literacy rates across rural and urban areas is also significant in India. Out of the 24 states in India, 6 of them have female literacy rates of below 60 percent. The rural state Rajasthan has a female literacy rate of less than 12 percent. In India, higher education is defined as the education of an age group between 18 and 24, and is largely funded by the government. Despite women making up 24-50% of higher education enrollment, there is still a gender imbalance within higher education. Only one third of science students and 7% of engineering students, are women. In comparison however, over half the students studying education are women.
Healthcare Health is a state subject as per The Constitution of India within the federal set up of the nation, consisting of a central government and individual state governments . It makes every state responsible for "raising the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties". The National Health Policy was endorsed by the Parliament of India in 1983 and updated in 2002. The National Health Policy is being worked upon further in 2015 and a draft for public consultation has been released. The private health sector is the dominant healthcare deliverer in both urban and rural Indian households as per nation-wide surveys.
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Twelfth Five Year Plan Strategy Based on the recommendation of a High Level Experts Group (HLEG) and other stakeholder consultations, the key elements of the Twelfth Five Year plan strategy is outlined. The long term objective of this strategy is to establish a system of Universal Health Coverage (UHC) in the country. Following are the 12th plan period strategy: 1. Substantial expansion and strengthening of public sector health care system, freeing the vulnerable population from dependence on high cost and often unreachable private sector health care system. 2. Health sector expenditure by central government and state government, both plan and non-plan, will have to be substantially increased by the twelfth five year plan. It was increased from 0.94 per cent of GDP in tenth plan to 1.04 per cent in eleventh plan. The provision of clean drinking water and sanitation as one of the principal factors in control of diseases is well established from the history of industrialized countries and it should have high priority in health related resource allocation. The expenditure on health should increased to 2.5 per cent of GDP by the end of Twelfth Five Year Plan. 3. Financial and managerial system will be redesigned to ensure efficient utilization of available resources and achieve better health outcome. Coordinated delivery of services within and across sectors, delegation matched with accountability, fostering a spirit of innovation are some of the measures proposed. 4. Increasing the cooperation between private and public sector health care providers to achieve health goals. This will include contracting in of services for gap filling, and various forms of effectively regulated and managed Public-Private Partnership, while also ensuring that there is no compromise in terms of standards of delivery and that the incentive structure does not undermine health care objectives. 5. The present Rashtriya Swasthya Bhima Yojana (RSBY) which provides cash less inpatient treatment through an insurance based system should be reformed to enable access Page 39 of 78
to a continuum of comprehensive primary, secondary and tertiary care. In twelfth plan period entire Below Poverty Line(BPL) population will be covered through RSBY scheme. In planning health care structure for the future, it is desirable to move from a 'fee-for-service' mechanism, to address the issue of fragmentation of services that works to the detriment of preventive and primary care and also to reduce the scope of fraud and induced demand. 6. In order to increase the availability of skilled human resources, a large expansion of medical schools, nursing colleges, and so on, is therefore is necessary and public sector medical schools must play a major role in the process. Special effort will be made to expand medical education in states which are under-served. In addition, a massive effort will be made to recruit and train paramedical and community level health workers. 7. The multiplicity of Central sector or Centrally Sponsored Schemes has constrained the flexibility of states to make need based plans or deploy their resources in the most efficient manner. The way forward is to focus on strengthening the pillars of the health system, so that it can prevent, detect and manage each of the unique challenges that different parts of the country face. 8. A series of prescription drugs reforms, promotion of essential, generic medicine and making these universally available free of cost to all patients in public facilities as a part of the Essential Health Package will be a priority. 9. Effective regulation in medical practice, public health, food and drugs is essential to safeguard people against risks and unethical practices. This is especially so given the information gaps in the health sector which make it difficult for individual to make reasoned choices. 10. The health system in the Twelfth Plan will continue to have a mix of public and private service providers. The public sector health services need to be strengthened to deliver both public health related and clinical services. The public and private sectors also need to coordinate for the delivery of a continuum of care. A strong regulatory system would supervise the quality of services delivered. Standard treatment guidelines should form the basis of clinical care across public and private sectors, with the adequate monitoring by the regulatory bodies to improve the quality and control the cost of care.
Criticism The High Level Expert Group report recommends an increase in public expenditure on health from 1.58 per cent of GDP currently to 2.1 per cent of GDP by the end of 12th five year plan it is far lower than the global median of 5 per cent. The lack of extensive and adequately funded public health services pushes large numbers of people to incur heavy out of pocket expenditures on services purchased from the private sector. Out of pocket expenditures arise even in public sector hospitals, since lack of medicines means that patients have to buy them. This results in a very high financial burden on families in case of severe illness. Though, the 12th plan document express concern over high out-of-pocket (OOP) expenditure, it does not give any target or time frame for reducing this expense . OOP can be reduced only by increasing public expenditure on health and by setting up widespread public health service providers. But the planning commission is planning to do this by regulating private health care providers. It takes solace from the HLEG report which admits that, "the transformation of India‘s health system to become an effective platform for UHC is an evolutionary process that will span several years".
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Instead of developing a better public health system with enhanced health budget, 12th five year plan document plans to hand over health care system to private institutions. The 12th plan document causes concern over Rashtriya Swasthya Bhima Yojana being used as a medium to hand over public funds to the private sector through an insurance route. This has also incentivized unnecessary treatment which in due course will increase costs and premiums. There have been complaints about high transaction cost for this scheme due to insurance intermediaries. RSBY does not take into consideration state specific variation in disease profiles and health needs. Even though these things are acknowledged in the report, no alternative remedy is given. There is no reference to nutrition as key component of health and for universal Public Distribution System (PDS) in the plan document or HLEG recommendation. In the section of National Rural Health Mission (NRHM) in the document, the commitment to provide 30- to 50-bed Community Health Centres (CHC) per lakh population is missing from the main text. It was easy for the government to recruit poor women as ASHA (Accredited Social Health Activist) workers but it has failed to bring doctors, nurses and specialist in this area. The ASHA workers who are coming from a poor background are given incentive based on performance. These people lose many days job undertaking their task as ASHA worker which is not incentivised properly. Even the 12th plan doesn't give any solace. To summarize, successive administrative and political reforms have conveniently bypassed training citizens and local bodies to actively participate in healthcare. In a situation where people are not enabled to identify poor quality, speak up and debate. There is dire need for the health system to fill that role on behalf of the people and can be easily done by decentralization of healthcare governance.
Quality Access to quality medical care is limited or unavailable in most rural areas, although rural medical practitioners are highly sought after by residents of rural areas as they are more financially affordable and geographically accessible than practitioners working in the formal public health care sector.
Health issues in India Malnutrition in India According to a 2005 report, 60% of India‘s children below the age of three were malnourished, which was greater than the statistics of sub-Saharan African region of 28%. It is considered that one in every three malnourished children in the world lives in India.The estimates varies within the country.It is estimated that,Madhya pradesh is having the highest rate of 55% and Kerala the lowest with 27%. Although India‘s economy grew 50% from 2001–2006, its child-malnutrition rate only dropped 1%, lagging behind countries of similar growth rate.
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Malnutrition can be described as the unhealthy condition that results from not eating enough healthy food. Child malnutrition A well nourished child is one whose weight and height measurements compare very well within the standard normal distribution of heights and weights of healthy children of same age and sex. Malnutrition impedes the social and cognitive development of a child. These irreversible damages result in lower productivity. Just as with serious malnutrition, growth delays also hinder a child‘s intellectual development. Sick children with chronic malnutrition, especially when accompanied by anaemia, often suffer from a lower learning capacity during the crucial first years of attending school. Also it reduces the immune defence mechanism,which heightens the risk of infections. Due to their lower social status, girls are far more at risk of malnutrition than boys their age. Partly as a result of this cultural bias, up to one third of all adult women in India are underweight. Inadequate care of these women already underdeveloped, especially during pregnancy, leads them in turn to deliver underweight babies who are vulnerable to further malnutrition and disease.
Different Forms of Malnutrition Protein-energy malnutrition (PEM), also known as protein-calorie malnutrition Iron deficiency : nutritional anaemia which can lead to lessened productivity, sometimes becoming terminal Vitamin A deficiency, which can lead to blindness or a weakened immune system Iodine deficiency, which can lead to serious mental or physical complaints Foliate deficiency itself can lead to insufficient birth weight or congenital anomalies such as spina bifida.
High Infant Mortality Rate Despite health improvements over the last thirty years, lives continue to be lost to early childhood diseases, inadequate newborn care and childbirth-related causes. More than two million children die every year from preventable infections. Approximately 1.72 million children die each year before turning one. The under five mortality and infant mortality rates have been declining, from 202 and 190 deaths per thousand live births respectively in 1970 to 64 and 50 deaths per thousand live births in 2009. However, this decline is slowing. Reduced funding for immunization leaves only 43.5% of the young fully immunized. A study conducted by the Future Health Systems Consortium in Murshidabad, West Bengal indicates that barriers to immunization coverage are adverse geographic location, absent or inadequately trained health workers and low perceived need for immunization. Infrastructure like hospitals, roads, water and sanitation are lacking in rural areas. Shortages of healthcare Page 42 of 78
providers, poor intra-partum and newborn care, diarrheal diseases and acute respiratory infections also contribute to the high infant mortality rate.
Diseases Diseases such as dengue fever, hepatitis, tuberculosis, malaria and pneumonia continue to plague India due to increased resistance to drugs. In 2011, India developed a totally drug-resistant form of tuberculosis. HIV/AIDS in India is ranked 3rd highest among countries with the amount of HIV-infected patients.National AIDS Control Organisation, a Government of India 'Apex Body' is making efforts for managing the HIV/AIDS epidemic in India. Diarrheal diseases are the primary causes of early childhood mortality. These diseases can be attributed to poor sanitation and inadequate safe drinking water in India. India also has the world's highest incidence of Rabies. However in 2012 India was polio-free for the first time in its history. This was achieved because of the Pulse Polio Programme started in 1995-96 by the government of India . Indians are also at particularly high risk for atherosclerosis and coronary artery disease. This may be attributed to a genetic predisposition to metabolic syndrome and adverse changes in coronary artery vasodilation. NGOs such as the Indian Heart Association and the Medwin Foundation have been created to raise awareness of this public health issue.
Poor Sanitation As more than 122 million households have no toilets, and 33% lack access to latrines, over 50% of the population (638 million) defecate in the open.(2008 estimate) This is relatively higher than Bangladesh and Brazil (7%) and China (4%). Although 211 million people gained access to Page 43 of 78
improved sanitation from 1990–2008, only 31% use the facilities provided. Only 11% of Indian rural families dispose of stools safely whereas 80% of the population leave their stools in the open or throw them in the garbage. Open air defecation leads to the spread of disease and malnutrition through parasitic and bacterial infections.
Safe Drinking Water Several million more suffer from multiple episodes of diarrhoea and still others fall ill on account of Hepatitis A, enteric fever, intestinal worms and eye and skin infections caused by poor hygiene and unsafe drinking water. Access to protected sources of drinking water has improved from 68% of the population in 1990 to 88% in 2008. However, only 26% of the slum population has access to safe drinking water, and 25% of the total population has drinking water on their premises. This problem is exacerbated by falling levels of groundwater caused mainly by increasing extraction for irrigation. Insufficient maintenance of the environment around water sources, groundwater pollution, excessive arsenic and fluoride in drinking water pose a major threat to India's health.
Female Health Issues Maternal deaths are similarly high. The reasons for this high mortality are that few women have access to skilled birth attendants and fewer still to quality emergency obstetric care. In addition, only 15 per cent of mothers receive complete antenatal care and only 58 per cent receive iron or folate tablets or syrup. Women's health in India involves numerous issues. Some of them include the following:
Malnutrition : The main cause of female malnutrition in India is the tradition requiring women to eat last, even during pregnancy and when they are lactating. Breast Cancer : One of the most severe and increasing problems among women in India, resulting in higher mortality rates. Stroke Polycystic ovarian disease (PCOD) : PCOD increases the infertility rate in females. This condition causes many small cysts to form in the ovaries, which can negatively affect a woman's ability to conceive. Maternal Mortality : Indian maternal mortality rates in rural areas are one of the highest in the world.
Rural health Rural India contains over 68% of India's total population, and half of all residents of rural areas live below the poverty line, struggling for better and easy access to health care and services. Health issues confronted by rural people are many and diverse – from severe malaria to uncontrolled diabetes, from a badly infected wound to cancer. Postpartum maternal illness is a serious problem in resource-poor settings and contributes to maternal mortality, particularly in rural India. A study conducted in 2009 found that 43.9% of mothers reported they experienced Page 44 of 78
postpartum illnesses six weeks after delivery. Furthermore, because of limited government resources, much of the health care provided comes from non profits such as The MINDS Foundation.
The Health Care System Public and Private Sector According to National Family Health Survey-3, the private medical sector remains the primary source of health care for 70% of households in urban areas and 63% of households in rural areas. Reliance on public and private health care sector varies significantly between states. Several reasons are cited for relying on private rather than public sector; the main reason at the national level is poor quality of care in the public sector, with more than 57% of households pointing to this as the reason for a preference for private health care. Other major reasons are distance of the public sector facility, long wait times, and inconvenient hours of operation. The study conducted by IMS Institute for Healthcare Informatics in 2013, across 12 states in over 14,000 households indicated a steady increase in the usage of private healthcare facilities over the last 25 years for both Out Patient and In Patient services, across rural and urban areas.
National Health Mission (former National Rural Health Mission) Page 45 of 78
The National Rural Health Mission (NRHM) was launched in April 2005 by the Government of India. The goal of the NRHM was to provide effective healthcare to rural people with a focus on 18 states which have poor public health indicators and/or weak infrastructure. Lack of political, economic and administrative decentralization of health care is being chronically ignored by NHM.
Culture
Indian cultural history spans more than 4,500 years. During the Vedic period (c. 1700 – 500 BCE), the foundations of Hindu philosophy, mythology, theology and literature were laid, and many beliefs and practices which still exist today, such as dhárma, kárma, yóga, and mokṣa, were established. India is notable for its religious diversity, with Hinduism, Buddhism, Sikhism, Islam, Christianity, and Jainism among the nation's major religions. The predominant religion, Hinduism, has been shaped by various historical schools of thought, including those of the Upanishads, the Yoga Sutras, the Bhakti movement, and by Buddhist philosophy.
Art and Architecture Much of Indian architecture, including the Taj Mahal, other works of Mughal architecture, and South Indian architecture, blends ancient local traditions with imported styles. Vernacular architecture is also highly regional in it flavours. Vastu shastra, literally "science of construction" or "architecture" and ascribed to Mamuni Mayan,[266] explores how the laws of nature affect human dwellings; it employs precise geometry and directional alignments to reflect perceived cosmic constructs. As applied in Hindu temple architecture, it is influenced by the Shilpa Shastras, a series of foundational texts whose basic mythological form is the VastuPurusha mandala, a square that embodied the "absolute". The Taj Mahal, built in Agra between 1631 and 1648 by orders of Emperor Shah Jahan in memory of his wife, has been described in the UNESCO World Heritage List as "the jewel of Muslim art in India and one of the universally admired masterpieces of the world's heritage." Indo-Saracenic Revival architecture, developed by the British in the late 19th century, drew on Indo-Islamic architecture. Page 46 of 78
Literature The earliest literary writings in India, composed between 1700 BCE and 1200 CE, were in the Sanskrit language. Prominent works of this Sanskrit literature include epics such as the Mahābhārata and the Ramayana, the dramas of Kālidāsa such as the Abhijñānaśākuntalam (The Recognition of Śakuntalā), and poetry such as the Mahākāvya. Kamasutra, the famous book about sexual intercourse also originated in India. Developed between 600 BCE and 300 CE in South India, the Sangam literature, consisting of 2,381 poems, is regarded as a predecessor of Tamil literature. From the 14th to the 18th centuries, India's literary traditions went through a period of drastic change because of the emergence of devotional poets such as Kabīr, Tulsīdās, and Guru Nānak. This period was characterised by a varied and wide spectrum of thought and expression; as a consequence, medieval Indian literary works differed significantly from classical traditions. In the 19th century, Indian writers took a new interest in social questions and psychological descriptions. In the 20th century, Indian literature was influenced by the works of Bengali poet and novelist Rabindranath Tagore.
Performing Arts
Indian music ranges over various traditions and regional styles. Classical music encompasses two genres and their various folk offshoots: the northern Hindustani and southern Carnatic schools. Regionalised popular forms include filmi and folk music; the syncretic tradition of the bauls is a well-known form of the latter. Indian dance also features diverse folk and classical forms. Among the better-known folk dances are the bhangra of Punjab, the bihu of Assam, the chhau of Odisha, West Bengal and Jharkhand, garba and dandiya of Gujarat, ghoomar of Rajasthan, and the lavani of Maharashtra. Eight dance forms, many with narrative forms and Page 47 of 78
mythological elements, have been accorded classical dance status by India's National Academy of Music, Dance, and Drama. These are: bharatanatyam of the state of Tamil Nadu, kathak of Uttar Pradesh, kathakali and mohiniyattam of Kerala, kuchipudi of Andhra Pradesh, manipuri of Manipur, odissi of Odisha, and the sattriya of Assam.[284] Theatre in India melds music, dance, and improvised or written dialogue. Often based on Hindu mythology, but also borrowing from medieval romances or social and political events, Indian theatre includes the bhavai of Gujarat, the jatra of West Bengal, the nautanki and ramlila of North India, tamasha of Maharashtra, burrakatha of Andhra Pradesh, terukkuttu of Tamil Nadu, and the yakshagana of Karnataka.
Motion Pictures, Television The Indian film industry produces the world's most-watched cinema. Established regional cinematic traditions exist in the Assamese, Bengali, Bhojpuri, Hindi, Kannada, Malayalam, Punjabi, Gujarati, Marathi, Oriya, Tamil, and Telugu languages.[288] South Indian cinema attracts more than 75% of national film revenue. Television broadcasting began in India in 1959 as a state-run medium of communication, and had slow expansion for more than two decades. The state monopoly on television broadcast ended in the 1990s and, since then, satellite channels have increasingly shaped popular culture of Indian society. Today, television is the most penetrative media in India; industry estimates indicate that as of 2012 there are over 554 million TV consumers, 462 million with satellite and/or cable connections, compared to other forms of mass media such as press (350 million), radio (156 million) or internet (37 million).
Society Traditional Indian society is sometimes defined by social hierarchy. The Indian caste system embodies much of the social stratification and many of the social restrictions found in the Indian subcontinent. Social classes are defined by thousands of endogamous hereditary groups, often termed as jト》is, or "castes". India declared untouchability to be illegal in 1947 and has since enacted other anti-discriminatory laws and social welfare initiatives. At the workplace in urban India and in international or leading Indian companies, the caste related identification has pretty much lost its importance. Family values are important in the Indian tradition, and multigenerational patriarchal joint families have been the norm in India, though nuclear families are becoming common in urban areas. An overwhelming majority of Indians, with their consent, have their marriages arranged by their parents or other family members. Marriage is thought to be for life, and the divorce rate is extremely low. Child marriages are common, especially in rural areas; many women in India wed before reaching 18, which is their legal marriageable age. Female infanticide in India and female foeticide in India have caused a discrepancy in the sex ratio, as of 2005 it was estimated that there were 50 million more males than females in the nation. However the recent report from 2011 shown improvement among the gender ratio. The payment of Dowry, although illegal, remains widespread across class lines. Deaths resulting from dowry, mostly from bride burning, are on the rise. Many Indian festivals are religious in origin; among them are Chhath, Christmas, Diwali, Durga Puja, Bakr-Id, Eid ul-Fitr, Ganesh Chaturthi, Holi, Makar Sankranti or Uttarayan, Navratri, Thai Page 48 of 78
Pongal, and Vaisakhi. India has three national holidays which are observed in all states and union territories: Republic Day, Independence Day, and Gandhi Jayanti. Other sets of holidays, varying between nine and twelve, are officially observed in individual states. Throughout India, many people practice customs and religious rituals, such as "Saṃskāra," which is a series of "personal sacraments and rites conducted at various stages throughout life."
Clothing Cotton was domesticated in India by 4000 B.C.E. Traditional Indian dress varies in colour and style across regions and depends on various factors, including climate and faith. Popular styles of dress include draped garments such as the sari for women and the dhoti or lungi for men. Stitched clothes, such as the shalwar kameez for women and kurta–pyjama combinations or European-style trousers and shirts for men, are also popular. Use of delicate jewellery, modelled on real flowers worn in ancient India, is part of a tradition dating back some 5,000 years; gemstones are also worn in India as talismans.
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Human Rights in India
Human Rights in India is an issue complicated by the country's large size, its tremendous diversity, its status as a developing country and a sovereign, secular, democratic republic. The Constitution of India provides for Fundamental rights, which include freedom of religion. Clauses also provide for freedom of speech, as well as separation of executive and judiciary and freedom of movement within the country and abroad. In its report on human rights in India during 2013, released in 2014, Human Rights Watch stated, "India took positive steps in strengthening laws protecting women and children, and, in several important cases, prosecuting state security forces for extrajudicial killings." The report also condemned the persistent impunity for abuse linked to insurgency in Maoist areas, Jammu and Kashmir, Manipur and Assam. The report also went on to state, "The fact that the government responded to public outrage confirms India‘s claims of a vibrant civil society. An independent judiciary and free media also acted as checks on abusive practices. However, reluctance to hold public officials to account for abuses or dereliction of duty continued to foster a culture of corruption and impunity". On a global level, India has not lived up to expectations of promoting respect for democracy and human rights in its foreign policy as it opts for a policy of "non-interference in internal affairs of other countries". However India is engaged in promoting stability and human rights in Page 51 of 78
Afghanistan, pledging nearly US$2 billion for the country‘s rehabilitation and reconstruction efforts, supporting education of girls, providing some police training, and granting asylum to a number of activists fleeing Taliban threats.
Chronology of Events Regarding Human Rights In India The practice of sati was formally abolished by Governor General William Bentick after years of campaigning by Hindu reform movements such as the Brahmo Samaj of Ram 1829 Mohan Roy against this orthodox Hindu funeral custom of self-immolation of widows after the death of their husbands. Child Marriage Restraint Act, prohibiting marriage of minors under 14 years of age is 1929 passed. 1947 India achieves political independence from the British Raj. The Constitution of India establishes a sovereign democratic republic with universal adult franchise. Part 3 of the Constitution contains a Bill of Fundamental Rights 1950 enforceable by the Supreme Court and the High Courts. It also provides for reservations for previously disadvantaged sections in education, employment and political representation. Criminal Tribes Acts repealed by government, former "criminal tribes" categorized as 1952 "denotified" and Habitual Offenders Act (1952) enacted. 1955 Reform of family law concerning Hindus gives more rights to Hindu women. 1958 Armed Forces (Special Powers) Act, 1958 Supreme Court of India rules in Kesavananda Bharati case that the basic structure of 1973 the Constitution (including many fundamental rights) is unalterable by a constitutional amendment. State of Emergency in India 1975-77 extensive rights violations take place. SC rules in Menaka Gandhi v. Union of India that the right to life under Article 21 of 1978 the Constitution cannot be suspended even in an emergency. 1978 Jammu and Kashmir Public Safety Act, 1978 1984 Operation Blue Star and the subsequent 1984 Anti-Sikh riots 1984 2006 Extrajudicial disappearances in Punjab by the police The Shah Bano case, where the Supreme Court recognised the Muslim woman's right to maintenance upon divorce, sparks protests from Muslim clergy. To nullify the decision 1985-86 of the Supreme Court, the Rajiv Gandhi government enacted The Muslim Women (Protection of Rights on Divorce) Act 1986 1987 Hashimpura massacre during communal riots in Meerut. 1989 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is passed. Kashmiri insurgency sees ethnic cleansing of Kashmiri Pandits, desecrating Hindu 1989– temples, killing of Hindus and Sikhs, and abductions of foreign tourists and government present functionaries. A constitutional amendment establishes Local Self-Government (Panchayati Raj) as a 1992 third tier of governance at the village level, with one-third of the seats reserved for Page 52 of 78
1992 1993 2001 2002 2005 2005 2005 2006
2009
women. Reservations were provided for scheduled castes and tribes as well. Babri Masjid demolished by Hindu mobs, resulting in riots across the country. National Human Rights Commission is established under the Protection of Human Rights Act. Supreme Court passes extensive orders to implement the right to food. Violence in Gujarat, chiefly targeting its Muslim minority, claims many lives. A powerful Right to Information Act is passed to give citizen's access to information held by public authorities. National Rural Employment Guarantee Act (NREGA) guarantees universal right to employment. Disappearance of Jaswant Singh Khalra by the Punjab Police (Khalra brought to light the extrajudicial disappearances in Punjab) Supreme Court orders police reforms in response to the poor human rights record of Indian police. Delhi High Court declares that Section 377 of the Indian Penal Code, which outlaws a range of unspecified "unnatural" sex acts, is unconstitutional when applied to homosexual acts between private consenting individuals, effectively decriminalising homosexual relationships in India. See also: Homosexuality in India.
Use of Torture by Police The Asian Centre for Human Rights estimated that from 2002 to 2008, over four people per day died while in police custody, with "hundreds" of those deaths being due to police use of torture.
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According to a report written by the Institute of Correctional Administration in Punjab, up to 50% of police officers in the country have used physical or mental abuse on prisoners. Instances of torture, such as through a lack of sanitation, space, or water have been documented in West Bengal as well.
Human Right Violations in Jammu and Kashmir Several international agencies and the UN have reported human rights violations in Indianadministered Kashmir. In a press release the OHCHR spokesmen stated "The Office of the High Commissioner for Human Rights is concerned about the recent violent protests in Indianadministered Kashmir that have reportedly led to civilian casualties as well as restrictions to the right to freedom of assembly and expression.". A 1996 Human Rights Watch report accuses the Indian military and Indian-government backed paramilitaries of "committ[ing] serious and widespread human rights violations in Kashmir." One such alleged massacre occurred on 6 January 1993 in the town of Sopore. TIME Magazine described the incident as such: "In retaliation for the killing of one soldier, paramilitary forces rampaged through Sopore's market setting buildings ablaze and shooting bystanders. The Indian government pronounced the event 'unfortunate' and claimed that an ammunition dump had been hit by gunfire, setting off fires that killed most of the victims." In addition to this, there have been claims of disappearances by the police or the army in Kashmir by several human rights organisations. Many human rights organisations such as Amnesty International and the Human Rights Watch (HRW) have condemned human rights abuses in Kashmir by Indians such as "extra-judicial executions", "disappearances", and torture; the "Armed Forces Special Powers Act", which "provides impunity for human rights abuses and fuels cycles of violence. The Armed Forces Special Powers Act (AFSPA) grants the military wide powers of arrest, the right to shoot to kill, and to occupy or destroy property in counterinsurgency operations. Indian officials claim that troops need such powers because the army is only deployed when national security is at serious risk from armed combatants. Such circumstances, they say, call for extraordinary measures." Human rights organisations have also asked Indian government to repeal the Public Safety Act, since "a detainee may be held in administrative detention for a maximum of two years without a court order.". One 2008 report determined that Indian Administered Kashmir, was 'partly Free',
Freedom of Expression According to the estimates of Reporters Without Borders, India ranks 122nd worldwide in 2010 on the press freedom index (down from 105th in 2009). The press freedom index for India is 38.75 in 2010 (29.33 for 2009) on a scale that runs from 0 (most free) to 105 (least free). In 2014 India was down ranked to 140th worldwide (score of 40.34 out of 105) but despite this remains one of the best scores in the region. The Indian Constitution, while not mentioning the word "press", provides for "the right to freedom of speech and expression" (Article 19(1) a). However this right is subject to restrictions under subclause (2), whereby this freedom can be restricted for reasons of "sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, preserving decency, preserving morality, in relation to contempt of court, defamation, or Page 54 of 78
incitement to an offence". Laws such as the Official Secrets Act and Prevention of Terrorism Act (POTA) have been used to limit press freedom. Under POTA, person could be detained for up to six months before the police were required to bring charges on allegations for terrorism-related offenses. POTA was repealed in 2004, but was replaced by amendments to UAPA. The Official Secrets Act 1923 is abolished after right to information act 2005 For the first half-century of independence, media control by the state was the major constraint on press freedom. Indira Gandhi famously stated in 1975 that All India Radio is "a Government organ, it is going to remain a Government organ..." With the liberalisation starting in the 1990s, private control of media has burgeoned, leading to increasing independence and greater scrutiny of government. Organisations like Tehelka and NDTV have been particularly influential, e.g. in bringing about the resignation of powerful Haryana minister Venod Sharma. In addition, laws like Prasar Bharati act passed in recent years contribute significantly to reducing the control of the press by the government.
LGBT Rights Until the Delhi High Court decriminalised consensual private sexual acts between consenting adults on 2 July 2009, homosexuality was considered criminal as per interpretations of the ambiguous Section 377 of the 150-year-old Indian Penal Code (IPC), a law passed by the colonial British authorities. However, this law was very rarely enforced. In its ruling decriminalising homosexuality, the Delhi High Court noted that existed law conflicted with the fundamental rights guaranteed by the Constitution of India, and such criminalising is violative of Articles 21, 14 and 15 of the Constitution. On 11 December 2013, homosexuality was again criminalized by a Supreme Court ruling.
Human Trafficking Human trafficking is a $8 million illegal business in India. Around 10,000 Nepali women are brought to India annually for commercial sexual exploitation. Each year 20,000–25,000 women and children are trafficked from Bangladesh. Babubhai Khimabhai Katara was a Member of Parliament, in 2007, when arrested at the Indira Gandhi International Airport in Delhi, India for trying smuggle a mother and her teen son to Canada, on his diplomatic passport. The Mother and her son were hoping to join her husband who was living as an illegal migrant in Canada, and had paid Babubhai Khimabhai Katara about $70,000 USD. The woman had previously been repeatedly denied a visa by the Canadian government. The fact that even some members of parliament with diplomatic privileges can be approached for such purposes is seen as opening a Pandora's box on corruption in the Indian political system (See also Operation Duryodhana). He was suspended from his party and stripped of his seat in the parliament for this offense.
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Religious Violence Communal conflicts between religious groups (mostly between Hindus and Muslims) have been prevalent in India since around the time of its independence from British Rule. Among the oldest incidences of communal violence in India was the Moplah rebellion, when Militant Islamists massacred Hindus in Kerala. Communal riots took place during the partition of India between Hindus/Sikhs and Muslims where large numbers of people were killed in large-scale violence.
The 1984 Anti-Sikh Riots was a four-day period during which Sikhs were massacred by members of the secular-centrist Congress Party of India; some estimates state that more than 2,000 were killed. Other incidents include the 1987 Hashimpura massacre during communal riots in Meerut, 1992 Bombay Riots and the 2002 Gujarat violence —in the latter, more than 100 Muslims were killed following a Muslim mob attack on a train full of Hindu pilgrims in the Godhra Train Burning, where 58 Hindus were killed. Lesser incidents plague many towns and villages; representative was the killing of five people in Mau, Uttar Pradesh during HinduMuslim rioting, which was triggered by the proposed celebration of a Hindu festival. Other such communal incidents include the 2002 Marad massacre, which was carried out by the militant Islamist group National Development Front, as well as communal riots in Tamil Nadu executed by the Islamist Tamil Nadu Muslim Munnetra Kazagham against Hindus.
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Caste Related Issues According to a report by Human Rights Watch, "Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities." The UN stated in 2011 that the caste system of India will be declared a human rights abuse. The UN's Human Rights Council, meeting in Geneva, is expected to ratify draft principles which recognises the scale of persecution suffered by 65 million 'untouchables' or 'Dalits' who carry out the most menial and degrading work. Amnesty International says "it is the responsibility of the Indian government to fully enact and apply its legal provisions against discrimination on the basis of caste and descent. Denotified tribes of India, along with many nomadic tribes collectively 60 million in population, continue to face social stigma and economic hardships, despite the fact Criminal Tribes Act 1871, was repealed by the government in 1952 and replaced by Habitual Offenders Act (HOA) (1952), as effectively it only created a new list out of the old list of so-called "criminal tribes. These tribes even today face the consequences of the 'Prevention of Anti-Social Activity Act' (PASA), which only adds to their everyday struggle for existence as most of them live below poverty line. National Human Rights Commission and UN's anti-discrimination body Committee on the Elimination of Racial Discrimination (CERD) have asked the government to repeal this law as well, as these former "criminalised" tribes continue to suffer oppression and social ostracization at large and many have been denied SC, ST or OBC status, denying them access to reservations which would elevated their economic and social status.
Other Human Rights Violations Conflicts such as Anti-Bihari sentiment have sometimes escalated to violence between communal groups, despite government and police efforts to mediate the situation. Invasive methods like 'narcoanalysis' (controlled anaesthesia), Brain mapping, and lie detector tests were once commonly permitted by Indian courts for crime investigation. Even though according to Indian constitution "nobody may be made a witness against himself". Concerns regarding human rights violations in conducting deception detection tests (DDT)s were raised long back and the National Human Rights Commission of India had published Guidelines in 2000 for the Administration of Polygraph tests. However, only few of the investigating agencies were seen to follow these guidelines. However on May 5, 2010 the Supreme Court in India (Smt. Selvi vs. State of Karnataka) declared brain mapping, lie detector tests and narcoanalysis to be unconstitutional, violating Article 20 (3) of Fundamental Rights. These techniques cannot be conducted forcefully on any individual and requires consent for the same. When they are conducted with consent, the material
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so obtained is regarded as evidence during trial of cases according to Section 27 of the Evidence Act. Inadequate investigation and hasty rulings by courts have caused some wrongful convictions of innocent people causing them to languish in jail for many years. For instance, the Bombay high court in September 2009 asked the Maharashtra government to pay 100,000 as compensation to a 40-year-old man who languished in prison for over 10 years for a crime he didn't commit.
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Foreign Relations and Military Since its independence in 1947, India has maintained cordial relations with most nations. In the 1950s, it strongly supported decolonisation in Africa and Asia and played a lead role in the NonAligned Movement. In the late 1980s, the Indian military twice intervened abroad at the invitation of neighbouring countries: a peace-keeping operation in Sri Lanka between 1987 and 1990; and an armed intervention to prevent a coup d'ĂŠtat attempt in Maldives. India has tense relations with neighbouring Pakistan; the two nations have gone to war four times: in 1947, 1965, 1971, and 1999. Three of these wars were fought over the disputed territory of Kashmir, while the fourth, the 1971 war, followed from India's support for the independence of Bangladesh. After waging the 1962 Sino-Indian War and the 1965 war with Pakistan, India pursued close military and economic ties with the Soviet Union; by the late 1960s, the Soviet Union was its largest arms supplier.
Aside from ongoing strategic relations with Russia, India has wide-ranging defence relations with Israel and France. In recent years, it has played key roles in the South Asian Association for Regional Cooperation and the World Trade Organisation. The nation has provided 100,000 military and police personnel to serve in 35 UN peacekeeping operations across four continents. It participates in the East Asia Summit, the G8+5, and other multilateral forums. India has close economic ties with South America,[181] Asia, and Africa; it pursues a "Look East" policy that seeks to strengthen partnerships with the ASEAN nations, Japan, and South Korea that revolve around many issues, but especially those involving economic investment and regional security. China's nuclear test of 1964, as well as its repeated threats to intervene in support of Pakistan in the 1965 war, convinced India to develop nuclear weapons. India conducted its first nuclear weapons test in 1974 and carried out further underground testing in 1998. Despite criticism and military sanctions, India has signed neither the Comprehensive Nuclear-Test-Ban Treaty nor the Nuclear Non-Proliferation Treaty, considering both to be flawed and discriminatory. India maintains a "no first use" nuclear policy and is developing a nuclear triad capability as a part of its "minimum credible deterrence" doctrine. It is developing a ballistic missile defence shield
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and, in collaboration with Russia, a fifth-generation fighter jet. Other indigenous military projects involve the design and implementation of Vikrant-class aircraft carriers and Arihantclass nuclear submarines. Since the end of the Cold War, India has increased its economic, strategic, and military cooperation with the United States and the European Union. In 2008, a civilian nuclear agreement was signed between India and the United States. Although India possessed nuclear weapons at the time and was not party to the Nuclear Non-Proliferation Treaty, it received waivers from the International Atomic Energy Agency and the Nuclear Suppliers Group, ending earlier restrictions on India's nuclear technology and commerce. As a consequence, India became the sixth de facto nuclear weapons state. India subsequently signed cooperation agreements involving civilian nuclear energy with Russia, France, the United Kingdom, and Canada.
The President of India is the supreme commander of the nation's armed forces; with 1.325 million active troops, they compose the world's third-largest military. It comprises the Indian Army, the Indian Navy, and the Indian Air Force; auxiliary organisations include the Strategic Forces Command and three paramilitary groups: the Assam Rifles, the Special Frontier Force, and the Indian Coast Guard. The official Indian defence budget for 2011 was US$36.03 billion, or 1.83% of GDP. For the fiscal year spanning 2012–2013, US$40.44 billion was budgeted. According to a 2008 SIPRI report, India's annual military expenditure in terms of purchasing power stood at US$72.7 billion, In 2011, the annual defence budget increased by 11.6%, although this does not include funds that reach the military through other branches of government. As of 2012, India is the world's largest arms importer; between 2007 and 2011, it accounted for 10% of funds spent on international arms purchases. Much of the military expenditure was focused on defence against Pakistan and countering growing Chinese influence in the Indian Ocean.
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Sports In India, several traditional indigenous sports remain fairly popular, such as kabaddi, kho kho, pehlwani and gilli-danda. Some of the earliest forms of Asian martial arts, such as kalarippayattu, musti yuddha, silambam, and marma adi, originated in India. Chess, commonly held to have originated in India as chaturaáš…ga, is regaining widespread popularity with the rise in the number of Indian grandmasters. Pachisi, from which parcheesi derives, was played on a giant marble court by Akbar. The improved results garnered by the Indian Davis Cup team and other Indian tennis players in the early 2010s have made tennis increasingly popular in the country. India has a comparatively strong presence in shooting sports, and has won several medals at the Olympics, the World Shooting Championships, and the Commonwealth Games. Other sports in which Indians have succeeded internationally include badminton, boxing, and wrestling. Football is popular in West Bengal, Goa, Tamil Nadu, Kerala, and the north-eastern states.
Field hockey in India is administered by Hockey India. The Indian national hockey team won the 1975 Hockey World Cup and have, as of 2012, taken eight gold, one silver, and two bronze Olympic medals, making it the sport's most successful team in the Olympics. India has also played a major role in popularising cricket. Thus, cricket is, by far, the most popular sport of India. The Indian national cricket team won the 1983 and 2011 Cricket World Cup events, the 2007 ICC World Twenty20, shared the 2002 ICC Champions Trophy with Sri Lanka, and won 2013 ICC Champions Trophy. Cricket in India is administered by the Board of Control for Cricket in India (BCCI); the Ranji Trophy, the Duleep Trophy, the Deodhar Trophy, the Irani Trophy, and the NKP Salve Challenger Trophy are domestic competitions. The BCCI is also responsible for conducting an annual Twenty20 competition known as the Indian Premier League. India has hosted or co-hosted several international sporting events: the 1951 and 1982 Asian Games; the 1987, 1996, and 2011 Cricket World Cup tournaments; the 2003 Afro-Asian Games; Page 63 of 78
the 2006 ICC Champions Trophy; the 2010 Hockey World Cup; and the 2010 Commonwealth Games. Major international sporting events held annually in India include the Chennai Open, the Mumbai Marathon, the Delhi Half Marathon, and the Indian Masters. The first Indian Grand Prix featured in late 2011. India has traditionally been the dominant country at the South Asian Games. An example of this dominance is the basketball competition where Team India won three out of four tournaments to date. The Rajiv Gandhi Khel Ratna and the Arjuna Award are the highest forms of government recognition for athletic achievement; the Dronacharya Award is awarded for excellence in coaching.
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Attachment A The Judiciary of India
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The Judiciary of India Law of India refers to the system of law in modern India. India maintains a common law legal system inherited from the colonial era and various legislations first introduced by the British are still in effect in modified forms today. During the drafting of the Indian Constitution, Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India. Indian personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus, Muslims, Christians, Sikhs, and followers of other religions. The exception to this rule is in the state of Goa, where a uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption. As of May 2010, there were about 1221 laws. However, since there are Central laws as well as State laws, it is difficult to ascertain their exact numbers as on a given date and the best way to find the Central Laws in India is from the official website.
History Ancient India represented a distinct tradition of law, and had a historically independent school of legal theory and practice. The Arthashastra, dating from 400 BC and the Manusmriti, from 100 AD, were influential treatises in India, texts that were considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism, and was cited across Southeast Asia.
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Early in this period, which culminated in the creation of the Gupta Empire, relations with ancient Greece and Rome were not infrequent. The appearance of similar fundamental institutions of international law in various parts of the world show that they are inherent in international society, irrespective of culture and tradition. Inter-State relations in the pre-Islamic period resulted in clear-cut rules of warfare of a high humanitarian standard, in rules of neutrality, of treaty law, of customary law embodied in religious charters, in exchange of embassies of a temporary or semi-permanent character. With the advent of the British Raj, there was a break in tradition, and Hindu and Islamic law were abolished in favour of British common law. As a result, the present judicial system of the country derives largely from the British system and has few, if any, connections to Indian legal institutions of the pre-British era.
Constitutional and Administrative Law The Constitution of India, which came into effect on the 26th of January, 1950 is the lengthiest written constitution in the world . Although its administrative provisions are to a large extent based on the Government of India Act 1935, it also contains various other provisions that were drawn from other constitutions in the world at the time of its creation. It provides details of the administration of both the Union and the States, and codifies the relations between the Federal Government and the State Governments. Also incorporated into the text are a chapter on the fundamental rights of citizens, as well as a chapter on directive principles of state policy. The constitution prescribes a federal structure of government, with a clearly defined separation of legislative and executive powers between the Federation and the States. Each State Government has the freedom to draft it own laws on subjects classified as state subjects. Laws passed by the Parliament of India and other pre-existing central laws on subjects classified as central subjects are binding on all citizens. However, the Constitution also has certain unitary features, such as vesting power of amendment solely in the Federal Government, the absence of dual citizenship, and the overriding authority assumed by the Federal Government in times of emergency.
Criminal Law The Indian Penal Code formulated by the British during the British Raj in 1860, forms the backbone of criminal law in India. The Code of Criminal Procedure, 1973 governs the procedural aspects of the criminal law.
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Jury trials were abolished by the government in 1960 on the grounds they would be susceptible to media and public influence. This decision was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra, which was overturned by higher courts. In February 2011, the Supreme Court of India ruled that criminal defendants have a constitutional right to counsel. Capital punishment in India is legal. The last execution was conducted in February 2013, when the mastermind of 2001 Indian Parliament Attack, Afzal Guru was hanged in Tihar Jail, New Delhi.
Contract Law The main contract law in India is codified in the Indian Contract Act, which came into effect on 1 September 1872 and extends to all India except the state of Jammu and Kashmir. It governs entrance into contract, and effects of breach of contract. Indian Contract law is popularly known as mercantile law of India. Originally Indian Sales of Goods Act and Partnership Act were part of Indian Contract act, but due to needed amendment these acts were separated from Contract Act. The Contract act is the main and most used act of legal agreements in India.
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Labor Law Indian labour law are among the most comprehensive in the world. They have been criticised by the World Bank, primarily the grounds of the inflexibility that results from government needing to approve dismissals. In practice, there is a large informal sector of workers, between 80 or 90 per cent of the labour force, to whom labour rights are not actually available and laws are not enforced.
Company Law The current Indian company law was updated and recodified in the Companies Act 2013.
Tort Law The development of constitutional tort law in India began in the early 1980s. It influenced the direction tort law in India took during the 1990s. In recognising state liability, constitutional tort deviates from established norms in tort law. This covers custodial deaths, police atrocities, encounter killings, illegal detention and disappearances. Law commission of India's first report was relating to the Liability of the State in Tort. This report was submitted by the Law commission of India on 11.5.1956. State owes tortious Liability under Article 300 of Indian Constitution.
Tax Law Indian tax law involves several different taxes levied by different governments. Income Tax is levied by the Central Government under the Income Tax Act 1961. Customs and excise duties are also levied by the Central government. Sales tax is levied under VAT legislation at the state level. The authority to levy a tax is derived from the Constitution of India which allocates the power to levy various taxes between the Centre and the State. An important restriction on this power is Article 265 of the Constitution which states that "No tax shall be levied or collected except by the authority of law." Therefore each tax levied or collected has to be backed by an accompanying law, passed either by the Parliament or the State Legislature. In 2010-11, the gross tax collection amounted to 7.92 billion (Long scale), with direct tax and indirect tax contributing 56% and 44% respectively.)[23]
Central Board of Direct Taxes The Central Board of Direct Taxes (CBDT) is a part of the Department of Revenue in the Ministry of Finance, Government of India. The CBDT provides essential inputs for policy and planning of direct taxes in India and is also responsible for administration of the direct tax laws through Income Tax Department. The CBDT is a statutory authority functioning under the Central Board of Revenue Act, 1963.It is India‘s official FATF unit.The Central Board of Revenue as the Department apex body charged with the administration of taxes came into Page 73 of 78
existence as a result of the Central Board of Revenue Act, 1924. Initially the Board was in charge of both direct and indirect taxes. However, when the administration of taxes became too unwieldy for one Board to handle, the Board was split up into two, namely the Central Board of Direct Taxes and Central Board of Excise and Customs with effect from 1.1.1964. This bifurcation was brought about by constitution of the two Boards u/s 3 of the Central Boards of Revenue Act, 1963.
Income Tax Act of 1961 The major tax enactment in India is the Income Tax Act of 1961 passed by the Parliament, which establishes and governs the taxation of the incomes of individuals and corporations. This Act imposes a tax on income under the following five heads:
Income from house and property, Income from business and profession, Income from salaries, Income in the form of Capital gains, and Income from other sources
However, this Act may soon be repealed and be replaced with a new Act consolidating the law relating to Income Tax and Wealth Tax, the new proposed legislation is called the Direct Taxes Code (to become the Direct Taxes Code, Act 2010). Act was referred to Parliamentary standing committee which has submitted its recommendations. Act is expected to be implemented with changes from the Financial Year 2013-14.
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Service Tax Service tax is a part of Central Excise in India. It is a tax levied on services provided in India, except in the State of Jammu and Kashmir. The responsibility of collecting the tax lies with the Central Board of Excise and Customs(CBEC). The ex-Finance Minister of India, Pranab Mukherjee (now the President) in his Budget speech has indicated the government's intent of merging all taxes like Service Tax, Excise and VAT into a common Goods and Service Tax by the year 2011. To achieve this objective, the rate of Central Excise and Service Tax will be progressively altered and brought to a common rate. In budget presented for 2008-2009 It was announced that all Small service providers whose turnover does not exceed 1,000,000 need not pay service tax.
Trust Law Trust law in India is mainly codified in the Indian Trusts Act of 1882, which came into force on March 1, 1882. It extends to the whole of India except for the state of Jammu and Kashmir and Andaman and Nicobar Islands. Indian law follows principles of English law in most areas of law, but the law of trusts is a notable exception. Indian law does not recognise "double ownership", and a beneficiary of trust property is not the equitable owner of the property in Indian law.
Family Law - Personal Law Family laws in India are different when Warren Hastings in 1772 created provisions prescribing Hindu law for Hindus and Islamic law for Muslims, for litigation relating to personal matters. However, after independence, efforts have been made to modernise various aspects of personal law and bring about uniformity among various religions. Recent reform has affected custody and guardianship laws, adoption laws, succession law, and laws concerning domestic violence and child marriage.
Hindu Law As far as Hindus are concerned Hindu Law is a specific branch of law. Though the attempt made by the first parliament after independence did not succeed in bringing forth a Hindu Code comprising the entire field of Hindu family law, laws could be enacted touching upon all major areas that affect family life among Hindus in India. Jains, Sikhs and Buddhists are also covered by Hindu law.
Muslim Law Indian Muslims' personal laws are based upon the Sharia, which is thus partially applied in India, and laws and legal judgements adapting and adjusting Sharia for Indian society. The portion of the fiqh applicable to Indian Muslims as personal law is termed Mohammedan law. Despite being largely uncodified, Mohammedan law has the same legal status as other codified statutes. The development of the law is largely on the basis of judicial precedent, which in recent times Page 75 of 78
has been subject to review by the courts. The concept of the judicial precedent and of 'review by the courts' is a key component of the British common law upon which Indian law is based. The contribution of Justice V.R. Krishna Iyer in the matter of interpretation of the statutory as well as personal law is significant. The very Source of the Muslim law are divided into two categories: (1) Primary Source (2) Secondary Source 1)"Primary Source" As per Sunni Law:
Quran Sunna or Ahdis (Tradition of the Prophet) Ijma (Unanimous Decision of the Jurists) Qiyas ( Analogical deduction)
As per Shia Law:
Quran Tradition (only those that have come from the family of the Prophet) Ijma (only those confirmed by Imams) Reasons
2. "Secondary Source"
Custom Judicial Decisions Legislation
Christian Law For Christians, a distinct branch of law known as Christian Law, mostly based on specific statutes, applies. Christian law of Succession and Divorce in India have undergone changes in recent years. The Indian Divorce (Amendment) Act of 2001 has brought in considerable changes in the grounds available for divorce. By now Christian law in India has emerged as a separate branch of law. It covers the entire spectrum of family law so far as it concerns Christians in India. Christian law, to a great extent is based on English law but there are laws that originated on the strength of customary practices and precedents. Christian family law has now distinct sub branches like laws on marriage, divorce,restitution, judicial separation, succession, adoption, guardianship, maintenance, custody of minor children and relevance of canon law and all that regulates familial relationship.
Nationality Law Nationality law or citizenship law is mainly codified in the constitution of India and the Citizenship Act of 1955. Although the Constitution of India bars multiple citizenship, the Page 76 of 78
Parliament of India passed on 7 January 2004, a law creating a new form of very limited dual nationality called Overseas Citizenship of India. Overseas citizens of India have no form of political rights or participation in the government, however, and there are no plans to issue to overseas citizens any form of Indian passport.
Law Enforcement Law Enforcement in India is undertaken by numerous law enforcement agencies. Like many federal structures, the nature of the Constitution of India mandates law and order as a subject of the state, therefore the bulk of the policing lies with the respective states and territories of India. At the federal level, the many agencies are part of the Union Ministry of Home Affairs, and support the states in their duties. Larger cities also operate metropolitan police forces, under respective state governments. All senior police officers in the state police forces, as well as those in the federal agencies, are members of the Indian Police Service (IPS) and Indian Revenue Service (IRS), two of the several kinds of civil services. They are recruited by the Union Public Service Commission.
Police Force The federal police are controlled by the central Government of India. The majority of federal law enforcement agencies are controlled by the Ministry of Home Affairs. The head of each of the federal law enforcement agencies is always an Indian Police Service officer (IPS). The constitution assigns responsibility for maintaining law and order to the states and territories, and almost all routine policing—including apprehension of criminals—is carried out by state-level police forces. The constitution also permits the central government to participate in police operations and organisation by authorising the maintenance of the Indian Police Service. Indian Police Service (IPS) officers are recruited by the Union Public Service Commission through a competitive nationwide examination. On completion of a nationwide basic public-service course, the Indian Police Service recruits attend the National Police Academy at Hyderabad, Andhra Pradesh, for training. They are then assigned to particular state or union territory forces, where they usually remain for the rest of their careers. About 50 percent of the officers are regularly assigned to states or territories other than their own in an effort to promote national integration.
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