What is special about Modi Cabinet 2019

TE Bvwg knowledge 2019/10/29 W212 2224096-1

REASONS FOR DECISION:

I. Procedure:

1. The complainant, an Indian citizen, filed the relevant application for international protection on August 23, 2019 after illegal, tractor-assisted entry into the Austrian federal territory.

During the initial questioning by the public security service on August 23, 2019, the complainant stated that he came from the state of Punjab and that he spoke the Punjabi language. He belongs to the religious community of the Sikhs. The complainant had attended elementary school in India for twelve years and his last job was as a tractor driver. The applicant's parents would live in India. With regard to his reason for leaving the country, the complainant stated that on December 28, 2018, a 10-year-old boy was injured by a tractor trailer and died in the process. The boy was out on his bike and drove into the trailer and injured his head. The applicant had nothing to do with the accident, but the deceased boy's family wanted to take revenge on him and kill him.

2. On the occasion of his interrogation by the Federal Office for Immigration and Asylum (Federal Office) on September 5, 2019, the complainant stated that he had traveled by plane from Delhi to Moscow with a visa for Russia. Subsequently, he was brought to Austria in a vehicle across different countries by a tractor. The smuggler removed his passport in Russia. The complainant stated that he had previously lived in Punjab state, that he belonged to the religious community of the Sikhs and the ethnic group of the Jat.

The complainant was single, childless and healthy. In his home country he attended school for twelve years and was employed as a tractor driver. He drove a tractor and a truck and transported goods. The complainant described the economic and financial situation as good compared to the national average.

In India are his father, his sister, her husband and her son. His father works in his own farm and also runs other farms. He was no longer in contact, as his relatives were already worried about the complainant's problems and, contrary to the agreement with his family, he had not come as far as England. The tug made the last contact possible.

The complainant submitted the following about his reason for fleeing (VP: now the complainant; LA: head of the official act):

"(...)

LA: For what reason did you now leave your country of origin or apply for asylum?

VP: There was an accident with a 10-year-old child who arrived at my truck and suffered a head injury as a result.

LA: When was that?

VP: December 28th, 2018. The boy's family want to take revenge for the death of their only son and kill me.

LA: What happened?

VP: When the child received the head injury on the back of my truck, he bled and died there. Somewhat away from there, I think the boy's father or some relative was. Then people came there and took him to the hospital. In the meantime I have fled from there. The child was pronounced dead in the hospital.

LA: Who did you find out about this from?

VP: The doctor from there is a villager from our village and told us about it.

LA: How did you go on?

VP: When I got home, my mother sent me to my father's sister.

LA: How did the mother find out about this incident?

VP: I told her.

LA: How did you tell her about it?

VP: I told her personally on December 28th, 2018. I told her that I was using the truck to transport the goods and that the boy came to the back and was bleeding profusely after his head injury and that I don't know whether the child has died or not.

LA: What happened after that?

VP: She said if that really happened like that, then you have to go away. The next day someone from the boy's family came to my mother and asked for me. It was said that one did not know where I was and then the others said that if we no longer have a son, then we will not let their son live either.

LA: Who was at your house or who spoke to your mother?

VP: I don't know. My mother didn't tell me.

LA: That means you went to your father's sister in Darwal immediately after the incident and stayed there until you left. You didn't go back to your parents' house after that?

VP: That was not possible, because every four days they came to my house and asked for me.

LA: Have you ever been threatened personally?

VP: Yes by phone.

LA: When was that?

VP: 2-3 days after the accident.

LA: Who threatened you?

VP: I don't know who it was, but I heard his family cry and threaten.

LA: What did he say?

VP: They scolded me and said that no matter where they found me, they would kill me.

LA: Was that a one-time call or did something else happen?

VP: I then stopped using the phone.

LA: Where should these people get your number from?

VP: I don't know from where.

LA: What number did you call?

VP: I don't know the number by heart, but it was an Indian number.

LA Where's the cell phone now?

VP: My father's sister took my cell phone from me.

LA: In theory, what do you fear when you return home?

VP: You would kill me.

LA: The incident happened on December 28th, 2018. You stated that you left the country in April 2019. What was the reason you didn't leave the country until April?

VP: It was because of the incident. My family members told the smuggler to get me abroad quickly, but the smuggler said that since it was a visa for England it would take longer.

LA: There is no reporting system in India. Have you considered moving to another place in India or staying with your father's sister? After all, you were not found or threatened there.

VP: It is not possible, because you have already noticed that I am no longer at home. Otherwise I have no other relatives in India. My family was scared for me and didn't want me to stay there and fall into a trap.

LA: Did you bring all of your reasons for applying for asylum to the table?

VP: Yes.

With regard to the living conditions in Austria, the complainant stated that he had no relatives or family members here. In his spare time he is almost exclusively at home and sometimes goes to the temple. The complainant obtained food and supplies from the temple and lived with an acquaintance whom he had met in the temple and who helped him. The complainant was willing to work. The complainant could not speak German and was not attending a German course. He does not belong to any association or any other organization.

At the end of the interrogation, the complainant was given the opportunity to inspect the current country reports on the situation in India and to make a statement in this regard. The complainant decided not to comment on this.

3. With the contested decision of the Federal Office for Immigration and Asylum, the complainant's application for international protection pursuant to Section 3 (1) in conjunction with Section 2 (1) no Section 8 (1) in conjunction with Section 2 (1) no. 13 AsylG 2005 with regard to the granting of the status of beneficiary of subsidiary protection in relation to the country of origin India (point II.) Rejected. The complainant was not granted a residence permit for reasons worthy of consideration in accordance with Section 57 AsylG 2005 (point III.). According to § 10 Abs. 1 Z 3 AsylG in connection with § 9 BFA-VG a return decision was issued against him according to § 52 Abs. 2 Z 2 FPG (ruling point IV.) And furthermore according to § 52 Abs. 9 FPG it was determined that the deportation of the Complainant according to § 46 FPG is admissible to India (ruling point V.). Furthermore, the suspensive effect of a complaint against the decision in accordance with Section 18 (1) no. 4 BFA-VG was revoked (point VI.) And no time limit was granted for the complainant to leave the country voluntarily in accordance with Section 55 (1a) FPG (point VII.).

The authority in question stated that the complainant's arguments regarding his reasons for fleeing were not believed. There is also no risk that is relevant under refoulement protection law in the event of a return to India. The complainant did not meet the requirements for the issuance of a residence title in accordance with Section 57 AsylG, and his right to respect for private or family life in view of the short length of stay and the lack of family or private ties in Germany did not preclude the issuing of a return decision. In view of the negative decision on the application for international protection, the admissibility of the applicant's deportation to India emerged. In order to deny the suspensive effect of a complaint, it was stated that the complainant's allegations about his threatening situation obviously did not correspond to the facts and referred to the assessment of the evidence in this regard. The fact that no deadline was granted for voluntary departure results from the statutory order in Section 55 (1a) FPG in conjunction with Section 18 BFA-VG.

5. The complainant lodged a complaint against this decision in due time. The complaint stated that the complainant had left his home country out of well-founded fear of persecution and that the Indian security authorities were not willing or able to offer the necessary protection. The complainant had nothing to do with the accident in which a boy drove his bicycle into a tractor trailer, but it was the complainant's truck trailer. The crowd approaching were relatives of the boy and the applicant's mother advised him to flee. The family learned from the village doctor that the boy had died of his injuries. The complainant had hidden with his father's sister until he left the country and had also received a threatening phone call. There was no domestic alternative to flight, especially since the family of the deceased child could find him anywhere in India. In the event of his return, the complainant could be in violation of Articles 2 and 3 of the ECHR. In addition, an application was made to grant suspensive effect and to hold an oral hearing.

II. The Federal Administrative Court has considered:

1. Findings:

1.1. About the complainant:

The complainant is a national of India from the state of Punjab and belongs to the religious community of the Sikhs and the ethnic group of the Jat. His identity is not certain. He is fluent in the Punjabi languages, both written and spoken.

In his country of origin, the applicant lived with his family in the state of Punjab, where he attended school for twelve years and worked as a tractor driver. The complainant's father works in his own farm and also cultivates other people's fields. The complainant is single and has no children.

The complainant's allegations of persecution are not credible. It cannot be established that the complainant is threatened with persecution in India based on asylum-related characteristics.

The complainant traveled legally with his Indian passport from the country of origin with a visa for Russia by plane from Delhi to Moscow.

The complainant has no relatives or other family members in Austria. He doesn't speak German. He is currently not in any legal employment and is not a member of an association or any other organization. The complainant is currently not receiving any benefits from the basic care and is criminally harmless.

The applicant's parents, his paternal aunt and her husband and son continue to live in the country of origin. The complainant is healthy and of working age.

1.2. The following is determined about the situation in the country of origin:

Latest events - Integrated brief information

KI dated August 9, 2019, lifting of the special status for Jammu and Kashmir (relevant for section 2./Political situation and section 3.1./Regional problem zone Jammu and Kashmir).

On August 5, 2019, India ended the special status (ZO 6/8/2019) of the Muslim-majority region (FAZ 6/8/2019) of the Indian part of Kashmir by decree (ZO 6/8/2019). Immediately afterwards, the parliament in Delhi decided to repeal Article 370 of the Indian Constitution (FAZ 7/8/2019), which grants Jammu and Kashmir a special status and proposed dividing the state into two union territories, namely Jammu and Kashmir and Ladakh (IT 6/8/2019). 2019).

Article 370 grants the region a certain autonomy, such as its own constitution, its own flag and the freedom to enact laws (BBC 6/8/2019) with the exception of matters relating to foreign and defense policy (DS 7/8/2019). This represented a compromise between the largely Muslim population and the Hindu leadership in New Delhi (ARTE 7/8/2019).

In addition to Article 370, Article 35A was also repealed, which allowed the local parliament to determine who is a citizen of the state and who can own land and exercise government offices there (NZZ 5/5/2019).

The abolition of autonomy rights, which is also controversial in India, is fueling tensions in the region. Critics fear that the Hindu nationalist Prime Minister Narendra Modi and his government are striving to "Hinduize" the area (TNYT 6/8/2019).

In order to prevent unrest, the Indian authorities interrupted all communication channels, sent an additional 10,000 soldiers (SO August 4, 2019) to the highly militarized region (ARTE 7 August 2019) and leading regional politicians were placed under house arrest (FAZ 7 August 2019), according to media reports More than 500 people have been arrested during raids in the state of Jammu and Kashmir (HP August 8, 2019).

Pakistan, which also lays claim to the entire region (ORF 5.8.2019), condemns the move as illegal and directs a clear threat to India through the Pakistani military and announces that it will call the UN Security Council (ZO 6.8.2019). The Pakistani Prime Minister Khan warns of the devastating consequences that a military conflict could have (FAZ 7/8/2019).

Criticism of the move by the Indian government also comes from Beijing (FAZ August 6, 2019). China's Foreign Minister Hua Chunying has described India's step to abolish the special status of Kashmir as "unacceptable" and "not binding" (SCMP 7/8/2019).

There are isolated reports of minor resistance actions against the actions of the security forces, but these have not been officially confirmed (BBC 7/8/2019).

Annotation:

Most recently, the situation threatened to escalate in February 2019 after dozens of police officers in the region and Hindu nationalists blamed the people of Kashmir for the attack in a suicide attack (ARTE 7/8/2019).

The crisis between India and Pakistan then came to a head that mutual air strikes had occurred [see KI from February 20, 2019].

Swell:

ARTE - (7/8/2019): Kashmir: Is the conflict between India and Pakistan escalating again?

https://www.arte.tv/de/articles/kaschmir-eskaliert-der-konflikt-between-lösungen-und-pakistan-erneut, accessed on August 8, 2019

BBC - British Broadcasting Corporation (August 6, 2019): Article 370: What happened with Kashmir and why it matters, https://www.bbc.com/news/world-asia-india-49234708, accessed on August 7, 2019

BBC - British Broadcasting Corporation (7.8.2019): Article 370:

Kashmiris express anger at loss of special status, https://www.bbc.com/news/world-asia-india-49261322, accessed on August 8, 2019

DS - Der Standard (7/8/2019): Kashmir conflict: Pakistan expels Indian diplomats,

https://www.derstandard.at/story/2000107163187/pakistan-WEIS-indische-diplomot-aus-toter-bei-protesten-in-srinagar, accessed on August 8, 2019

FAZ - Frankfurter Allgemeine Zeitung (7.8.2019): Warnings from Islamabad,

https://www.faz.net/aktuell/politik/ausland/kaschmir-konflikt-warnung-aus-islamabad-16321737.html, accessed on August 8, 2019

HP - Huffpost (8/8/2019): India Arrests Over 500 In Kashmir As Pakistan Suspends Railway Service, https://www.huffpost.com/entry/india-arrests-over-500-in-kashmir-as-pakistan-suspends -railway-service_n_5d4c19a7e4b09e729742389e? guccounter = 1, accessed on August 9, 2019

IT - India Today (6.8.2019): Article 370: China says opposed to Ladakh as Union Territory,

https://www.indiatoday.in/india/story/china-reaction-jammu-kashmir-article-370-1577915-2019-08-06, accessed on August 7, 2019

NZZ - Neue Züricher Zeitung (5.8.2019): India is revoking Kashmir's autonomous status and risking drastically increasing tensions in the region, https://www.nzz.ch/international/kaschmir- Indien-provoziert-mit-der -aufnahme-des-special-status-ld. 1499966, accessed on August 9, 2019

ORF - Österreichischer Rundfunk (5.8.2019): India removes Kashmir's special status, https://orf.at/stories/3132670/, accessed on 5.8.2019

SCMP - South China Morning Post (7/8/2019): China calls India's move to scrap Kashmir's special status 'not acceptable' and not binding, https://www.scmp.com/news/china/diplomacy/article/3021712/china -calls-indias-move-scrap-kashmirs-special-status-not, accessed on August 7, 2019

SO - Spiegel Online (4.8.2019): Pakistan asks Trump for mediation,

https://www.spiegel.de/politik/ausland/kaschmir-nach-terrorwarnung-verlassen-tausende-das-gebiet-a-1280384.html, accessed on August 6, 2019

TNYT - The New York Times (6/8/2019): In Kashmir Move, Critics Say, Modi Is Trying to Make India a Hindu Nation, https://www.nytimes.com/2019/08/06/world/asia/jammu -kashmir-india.html, accessed on August 7, 2019

ZO - Zeit Online (7.8.2019): Pakistan shows Indian ambassador,

https://www.zeit.de/politik/ausland/2019-08/kaschmir-konflikt-pakistan-indischer-botschafter-ausweisung-hasan, accessed on August 8, 2019

KI from May 27, 2019, election result Lok Sabha, election to the House of Commons from April 11, 2019 to May 19, 2019 (relevant for Section 2, Political Situation).

India's ruling party BJP (Bharatiya Janata Party) led by Prime Minister Narendra Modi has clearly won the parliamentary election in the world's most populous democracy. The Hindu nationalists achieved an absolute majority of the 545 seats in the lower house (SZ May 23, 2019), as emerged from the electoral commission's counting of the votes cast on Friday night. In all likelihood, President Ram Nath Kovind will reappoint Prime Minister Modi for a second five-year term of office as head of government (ZO May 24, 2019), during which he will govern India with a new, larger parliamentary majority (IT May 24, 2019) represents the clearest re-election of an Indian ruling party since 1971 (SZ 23.5.2019).

More than 8,000 candidates ran for the election, which was carried out in seven phases over almost six weeks, from April 11 to May 19 (SZ May 23, 2019). Around two thirds of the approximately 900 million people in India who are eligible to vote cast their votes (IT May 24, 2019), which corresponds to a turnout of 67 percent (SZ May 23, 2019). The BJP won a total of 303 constituencies (ECI May 24, 2019; see BBC May 24, 2019).

Opposition leader Rahul Gandhi, head of the Congress Party, which had previously ruled for decades, accepted the defeat and congratulated Modi on his victory (ZO May 24, 2019; see BBC May 23, 2019). The congress party remains the second strongest force in parliament (ZO May 24, 2019). It is expected to improve slightly compared to its worst election result so far five years ago (AJ May 24, 2019).

Modi's populist policy divides the country. During his tenure there was frequent violence by Hindus against Muslims and other minorities. Modi's economic policy is also criticized (ZO May 24, 2019). During the election campaign, he emphasized national security and presented himself as the protector of the South Asian country - especially against the arch enemy Pakistan. Shortly before the election, the neighbors with nuclear weapons almost went to war (SZ May 23, 2019).

According to the Indian Foreign Ministry, some heads of state and government have already congratulated Modi on his election victory, including Russian President Vladimir Putin, China's state and party leader Xi Jinping and Pakistani Prime Minister Imran Khan - even before the election result was official (ZO May 24, 2019) .

Prime Minister Narendra Modi has been holding talks on the formation of a new cabinet since September 25, 2019 (REUTERS May 24, 2019).

Swell:

AJ - Al Jazeera (May 24, 2019): India elections 2019: All the latest updates,

https://www.aljazeera.com/news/2019/05/indian-general-elections-2019-latest-updates-190521080547337.html, accessed on May 24, 2019

BBC - British Broadcasting Corporation (May 24, 2019): India general election 2019: What happened?

https://www.bbc.com/news/world-asia-india-48366944, accessed on May 24, 2019

BBC - British Broadcasting Corporation (23.5.2019): India election 2019: Narendra Modi thanks voters for 'historic mandate', https://www.bbc.com/news/world-asia-india-48389130, accessed on 24.5.2019

ECI - Election Commission of India (24.5.2019): Result Status, Status Known For 542 out of 542 Constituencies, Last Updated at 08:10:02 pm On 05/24/2019,

http://results.eci.gov.in/pc/en/partywise/index.htm, accessed May 24, 2019 (8:00 p.m.)

IT - India Today (May 24, 2019): Election results 2019: Ab ki baar, 300 pairs: Modi makes it mumkin for BJP, https://www.indiatoday.in/elections/lok-sabha-2019/story/election- results-2019-narendra-modi-wins-big-bjp-300-seats-1533550-2019-05-24, accessed on May 24, 2019

REUTERS (May 24, 2019): Modi begins talks for new cabinet after big election win, accessed May 24, 2019

SZ - Süddeutsche Zeitung (May 23, 2019): Prime Minister Modi's government clearly wins the marathon election, https://www.sueddeutsche.de/politik/haben-modi-wahl-hindu-1.4459235, accessed on May 23, 2019

ZO - Zeit Online (May 24, 2019): Governing party wins absolute majority in parliamentary elections,

https://www.zeit.de/politik/ausland/2019-05/lösungen-parlamentswahl-narendra-modi-bharatiya-janata-absolute-mehrheit, accessed on May 24, 2019

KI from March 6, 2019, current events in the Kashmir conflict (relevant for Section 3.1./regional problem area Jammu and Kashmir).

India penetrated Pakistani airspace for the first time since the war in 1971 on February 26, 2019 and launched an attack in retaliation for the suicide attack on February 14, 2019 [note: see KI in LIB India on February 20, 2019] a training camp of the Islamist group Jaish-e-Mohammad outside the city of Balakot (Balakot region, Khyber Pakhtunkhwa province, Pakistan). This is outside the contested region of Kashmir (SZ February 26, 2019; see FAZ February 26, 2019b, WP February 26, 2019). India is convinced that the suicide attack on February 14 was planned and supported from Pakistan (NZZ February 26, 2019).

The information on the effects of the bombing varies: While Indian authorities report that almost 200 (CNN News 18 26.2.2019) terrorists, trainers, commanders and jihadists were killed and the camp completely destroyed, the Pakistani military confirms the air strike (DW February 26, 2019), however, announces that the Indian planes hastily disposed of their bomb load near Balakot in order to immediately escape the ascending Pakistani fighter jets. According to Pakistani information, there is neither a large number of victims (Dawn 02.26.2019; see FAZ 02.26.2019a), nor would infrastructure have been hit (DW 26.2.2019).

Observers were skeptical that this military strike could actually have hit a large number of terrorists in one place. Residents of the village of Balakot told the Reuters news agency that they were startled by loud explosions in the early morning. They said that only one person was injured and no one was killed. They also stated that there had indeed been a terror camp in the area in the past. However, this has now been converted into a Koran school (FAZ 26.2.2019b).

The Pakistani armed forces reportedly shot down two Indian fighter planes over Pakistan on February 27, 2019 and confirmed the arrest of a pilot. A spokesman for the Indian government confirms the shooting down of a MiG-21 (standard February 27, 2019). The Indian pilot was handed over to the Indian authorities on March 1st, 2019 at the Wagah border crossing. The Pakistani Prime Minister Imran Khan described the release as a "gesture of peace" (March 1st, 2019).

Pakistan closed its airspace completely on February 27, 2019 (Flightradar24 February 27, 2019) and reopened its airspace on March 1, 2019 for flights to / from Karachi, Islamabad, Peschawar and Quetta (and Lahore on March 2) (Flightradar24 February 27, March 1, 2.3.2019; see AAN 1.3.2019). The entire airspace was - with restrictions - on March 4th. released (Dawn 6.3.2019; see Dawn 4.3.2019b).

On March 2nd, 2019 it was reported that at least seven people had been killed and ten others injured in firefights in the Kashmiri border area. According to Indian media reports, a 24-year-old woman and her two children were killed by artillery fire and eight other people were injured in the Indian part of the conflict region. According to the Pakistani security forces, a boy and another civilian and two soldiers were killed and two other people were injured in the Pakistani part of Kashmir. The armies of the enemy neighbors had repeatedly fired at various points across the de facto border between the parts of Kashmir controlled by Pakistan and India since March 1, 2019 (Presse March 2, 2019). On March 3, 2019 both sides reported that the situation along the "Line of Control" was again relatively calm (Reuters March 3, 2019)

The Pakistani Minister of Information confirmed on March 3, 2019 that decisive action against the extremist and militant organizations Jaish-e-Mohammad (JeM) and Jamaatud Dawa (JuD) with their charity wing Falah-i-Insaniat Foundation (FIF) was imminent. This approach would be in accordance with the National Action Plan (NAP). The decision to do so was long before the attack on Indian security forces on February 14th. fallen and has only now been released. The decision was not made under pressure from India (Dawn 4.3.2019a).

Swell:

AAN - Austrian Aviation Network (1.3.2019): Pakistan partially opens the airspace again,

http://www.austrianaviation.net/detail/pakistan-oeffnet-den-luftraum-wieder-teilweise/, accessed on March 4th, 2019

CNN News 18 (February 26, 2019): Surgical Strikes 2.0: '200-300 Terrorist Dead',

https://www.news18.com/videos/india/surgical-strikes-2-0-200-300-terrorist-dead-2048827.html, accessed on February 26, 2019

Dawn (February 26, 2019): Indian aircraft violate LoC, scramble back after PAF's timely response: ISPR, https://www.dawn.com/news/1466038, accessed on February 26, 2019

Dawn (March 4th, 2019a): Govt plans decisive crackdown on militant outfits, https://www.dawn.com/news/1467524/govt-plans-decisive-crackdown-on-militant-outfits, accessed on March 4th, 2019

Dawn (4.3.2019b): Pakistan airspace fully reopened, says aviation authority, https://www.dawn.com/news/1467600, accessed on 6.3.2019

Dawn (6.3.2019): Airlines avoiding Pakistan's eastern airspace, making flights longer,

https://www.dawn.com/news/1467798/airlines-avoiding-pakistans-eastern-airspace-making-flights-longer, accessed on March 6, 2019

DW - Deutsche Welle (February 26, 2019): Indian jets fly air raid in Pakistan,

https://www.dw.com/de/indische-jets-fliegen-luftangriff-in-pakistan/a-47688997, accessed on February 26, 2019

FAZ - Frankfurter Allgemeine Zeitung (26.2.2019a): India flies air strikes in Pakistan,

https://www.faz.net/aktuell/politik/ausland/lösungen-fliegt-angätze-gegen-mutmassliche-islamisten-in-pakistan-16060732.html, accessed on March 4th, 2019

FAZ - Frankfurter Allgemeine Zeitung (26.2.2019b): Pakistan: We reserve the right to react to India's attacks, https://www.faz.net/aktuell/politik/ausland/indische-luftwaffe-verletzt-den-pakistanischen- luftraum-16061769.html, accessed on March 4th, 2019

Flightradar24 (February 27, 2019; additions on March 1, 2019 and March 2, 2019):

Tensions between India and Pakistan affect air traffic, https://www.flightradar24.com/blog/tensions-between-india-and-pakistan-affect-air-traffic/, accessed on March 4th, 2019

NZZ - Neue Züricher Zeitung (February 26, 2019): The spiral of escalation is turning,

https://www.nzz.ch/meinung/lösungen-bombardiert-pakistan-spirale-der-eskalation-draht-ld.1462893, accessed on February 26, 2019

Presse, die (2.3.2019): Kashmir: Seven dead in shots at the border between India and Pakistan,

https://diepresse.com/home/ausland/aussenpolitik/5588780/Kaschmir_Sieben-Tote-bei-Schuessen-an-Grenze-von-Indien-und-Pakistan, accessed on March 4th, 2019

Reuters (3.3.2019): India-Pakistan border quiet but Kashmir tense amid militancy crackdown,

https://www.reuters.com/article/us-india-kashmir-pakistan-idUSKCN1QK093, accessed on March 6, 2019

Reuters (4.3.2019): Pakistan adds flights, delays reopening of commercial airspace,

https://www.reuters.com/article/us-india-kashmir-pakistan-airports/pakistan-adds-flights-delays-reopening-of-commercial-airspace-idUSKCN1QL0SH, accessed on March 5, 2019

Standard, der (February 27, 2019): Pakistan shoots down Indian fighter jets, premier warns of "great war", https://derstandard.at/2000098654825/Drei-Tote-bei-Absturz-von-indischem-Militaerflugzeug-in-Kashmir , Accessed on March 4th, 2019

SZ- Süddeutsche Zeitung (February 26, 2019): India bombs Pakistani part of Kashmir,

https://www.sueddeutsche.de/politik/haben-pakistan-luftangriff-1.4345509, accessed on February 26, 2019

WP - The Washington Post (February 26, 2019): India strikes Pakistan in severe escalation of tensions between nuclear rivals, https://www.washingtonpost.com/world/pakistan-says-indian-fighter-jets-crossed-into-its -territory-and-carried-out-limited-airstrike / 2019/02/25 / 901f3000-3979-11e9-a06c-3ec8ed509d15_story.html? utm_term = .ee5f4df72709, accessed on February 26, 2019

Zeit, die (1.3.2019): Pakistan releases Indian pilots, https://www.zeit.de/politik/ausland/2019-03/kaschmir-konflikt-pakistan-indischer-pilot, accessed on 4.3.2019

KI on February 20, 2019, suicide attack on Indian security forces Awantipora / Pulwama district / Kashmir on February 14, 2019, firefight in Pinglan / Pulwama district / Kashmir on February 18, 2019 (relevant to Section 3.1./ regional problem zone Jammu and Kashmir).

At least 44 people were killed in a suicide attack (TOI February 15, 2019) on Indian security forces in the Goripora area near Awantipora in the Pulwama district in Kashmir. Dozen were injured (IT February 15, 2019).

As reported by the police, an off-road vehicle loaded with around 350 kilograms of explosives exploded on a highway in the Pulwama district (DS 14.2.2019). The target of the attack was a convoy of 78 buses of the paramilitary police force Central Police Reserve Force (CRPF), which was traveling on the strictly guarded road between the cities of Jammu and the capital of the Indian state of Jammu and Kashmir, Srinagar (DW 14.2.2019). The Pakistani terrorist group Jaish-e-Mohammed (JeM) claimed the attack for itself (ANI February 14, 2019).

The group, which originated in Pakistan, has areas of retreat there and uses Kashmir as an arena for their acts of violence. India assumes that the terrorists are supported by circles within the Pakistani military (SZ February 15, 2019).

According to local officials, the bombing was the worst attack in the embattled region in three decades (TNYT 02/14/2019).

India's Prime Minister Narendra Modi spoke of a "vile attack" on Twitter, calling the dead "martyrs" and further announcing that "the sacrifices made by our courageous security forces will not be in vain. "(DS 14.2.2019). While Pakistan rejects allegations behind the suicide attack, the Indian government calls on Pakistan to take action against the group (DS February 15, 2019).

In an action by the Indian security forces in connection with the bomb attack, five members of the Indian security forces, three militants and one civilian were killed in a firefight between militants and the Indian army in Pinglan in the Pulwama district on February 18, 2019. At least seven security guards were injured. According to the police, the killed militants were members of the JeM who were involved in the attack on February 14, 2019 in nearby Awantipora (TIT February 18, 2019).

Following the announcement by Pakistani Prime Minister Imran Khan to investigate India's allegations and his warning that Pakistan would take retaliatory measures against any Indian military action (TNYT 02/19/2019), India reacted violently by calling Islamabad "the nerve center of terrorism" "(TOI February 19, 2019). Tensions between India and Pakistan have intensified; both countries have called their ambassadors back for consultations (TNYT February 19, 2019).

Annotation:

In September 2016, India responded to an attack on a military base in Kashmir, in which 19 Indian soldiers were killed, according to its own statements with a "surgical blow" in the Pakistani part of Kashmir. India also made JeM responsible for the attack at that time (DS 14.2.2019).

Comment:

The situation on site will continue to be monitored and, if necessary, additional brief information will be provided.

Swell:

ANI - Asia News International (February 14, 2019): 12 CRPF personnel killed in terror attack in Kashmir,

https://www.aninews.in/news/national/general-news/12-crpf-personnel-killed-in-terror-attack-in-kashmir20190214170929/, accessed on February 14, 2019

DS - Der Standard (February 15, 2019): Pakistan rejects responsibility for terror in India,

https://derstandard.at/2000098045261/Pakistan-nahm-Verendung-fuer-Terror-in-Indien-von-sich, accessed on February 15, 2019

DS - Der Standard (February 14, 2019): Dozens of dead in an attack on Indian security forces in Kashmir, https://derstandard.at/2000098009156/Zwoelf-Soldaten-in-Kaschmir-durch-Anschlag-getoetet, accessed February 14, 2019

DW .- Deutsche Welle (February 14, 2019): Many dead in terrorist attack in Kashmir,

https://www.dw.com/de/viele-tote-bei-terroranschlag-in-kaschmir/a-47523658 Accessed February 14, 2019

IT - India Today (February 15, 2019): Kashmir terror attack: Pakistan says attack matter of concern, rejects India's charges | As it happened, https://www.indiatoday.in/india/story/pulwama-awantipora-jammu-and-kashmir-terror-attack-live-1456117-2019-02-14, accessed on February 20, 2019

SZ - Süddeutsche Zeitung (February 15, 2019): The other election campaign, https://www.sueddeutsche.de/politik/haben-und-pakistan-der-andere-wahlkampf-1.4331915, accessed February 17, 2019

TIO - Times of India (February 15, 2109): Pulwama terror attack: What we know so far,

https://timesofindia.indiatimes.com/articleshow/67994287.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst, accessed January 18, 2019

TIT - The Irish Times (February 18, 2019): Four Indian soldiers among dead in Kashmir gun battle,

https://www.irishtimes.com/news/world/asia-pacific/four-indian-soldiers-among-dead-in-kashmir-gun-battle-1.3797668, accessed on February 19, 2019

TNYT - The New York Times (February 19, 2019): Pakistan Offers to Investigate Deadly Suicide Bombing in Kashmir, https://www.nytimes.com/2019/02/19/world/asia/pakistan-imran-khan-india- kashmir.html? rref = collection% 2Ftimestopic% 2FKashmir & action = click & contentCollection = world & region = stream & module = stream_unit & version = latest & contentPlacement = 1 & pgtype = collection, accessed February 19, 2019

TNYT - The New York Times (February 14, 2019): Kashmir Suffers From the Worst Attack There in 30 Years, https://www.nytimes.com/2019/02/14/world/asia/pulwama-attack-kashmir.html ? rref = collection% 2Ftimestopic% 2FKashmir & action = click & contentCollection = world & region = stream & module = stream_unit & version = latest & contentPlacement = 4 & pgtype = collection, accessed on 14.2.2019

TOI - Times of India (February 19, 2019): "Pakistan is nerve center of terrorism": India rejects Imran Khan's statement on Pulwama terror attack,

https://timesofindia.indiatimes.com/india/pakistan-is-nerve-centre-of-terrorism-india-rejects-imran-khans-claims-on-pulwama-terror-attack/articleshow/68066363.cms, accessed February 19 .2019

Political situation

With over 1.3 billion people and a multi-religious and multi-ethnic society, India is the most populous democracy in the world (CIA Factbook January 23, 2019; see AA September 18, 2018). In the Indian federal system, the central government has significantly greater powers than the state governments. India has 29 states and six union territories (AA 11.2018a). In accordance with the constitution, the states and union territories have a high degree of autonomy and have primary responsibility for law and order (USDOS April 20, 2018). The capital New Delhi has a special legal status (AA 11.2018a).

The separation of powers between parliament and government corresponds to the British model (AA September 18, 2018), the principle of the separation of powers between the legislature, executive and judiciary is enforced (AA 11.2018a). The independence of the judiciary, which has a three-tier instance, is constitutionally guaranteed (AA September 18, 2018). The Supreme Court in New Delhi is at the head of the judiciary and is followed by the High Courts at state level (GIZ 3.2018a). Freedom of the press is guaranteed by the constitution, but is subject to repeated challenges (AA 9.2018a). India also has a vibrant civil society (AA 11.2018a).

India is a parliamentary democracy and has a multi-party system and a bicameral parliament (USDOS April 20, 2018). In addition, there are parliaments at the state level (AA September 18, 2018).

The President is the head of state and is elected by an electoral committee, while the Prime Minister is the head of government (USDOS April 20, 2018). The office of president primarily entails representative tasks, but the president has far-reaching powers in the event of a crisis. President Ram Nath Kovind has been Indian head of state since July 2017 (AA 11.2018a). However, the most important office within the executive is held by the Prime Minister (GIZ 3.2018a).

Elections to the House of Commons take place every five years according to simple majority voting ("first-past-the-post"), most recently in April / May 2014 with almost 830 million eligible voters (AA September 18, 2018). Three major party alliances faced each other: The United Progressive Alliance (UPA) led by the Congress Party, the National Democratic Alliance (NDA) led by the Bharatiya Janata Party (BJP - Indian People's Party) and the so-called Third Front, which consists of eleven regional - and left-wing parties as well as the Aam Aadmi Party (AAP), which emerged from part of the India Against Corruption movement (GIZ 3.2018a; see FAZ 16.5.2014). Apart from minor disruptions, the elections were correct and free (AA September 18, 2018). As the clear winner with 336 of 543 seats, the party alliance "National Democratic Alliance" (NDA) with the "Bharatiya Janata Party" (BJP) as the strongest party (282 seats) replaced the Congress Party in government (AA September 18, 2018) . The BJP not only won an absolute majority, it also left the previously ruling Indian National Congress (INC) far behind. The INC only had 46 seats and suffered the worst defeat since the founding of the state in 1947. How things will go with the INC with or without the Gandhi family remains to be seen. The wins in the elections in Punjab, Goa and Manipur as well as the relatively good performance in Gujarat are certainly a glimmer of hope that the days of the Congress party are not over yet (GIZ 13.2018a). The Anti-Corruption Party (AAP), which won 28 out of 70 seats in the 2013 election in Delhi, only won four seats nationwide in 2014 (GIZ 3.2018; see FAZ 16.5.2014). The BJP's top candidate, the previous Prime Minister of Gujarat, Narendra Modi, was elected Prime Minister and has since headed a 26-member cabinet (with an additional 37 ministers of state) (AA September 18, 2018).

In India there will be re-election between April and May 2019. However, the exact schedule is still unclear. In the polls, the Hindu nationalist Prime Minister Narendra Modi and his BJP are ahead (DS 1.1.2019).

The new government, which has been in office since 2014, not only wants to continue the market economy course, but also to intensify it by removing bureaucratic obstacles and reducing protectionism. Foreign investors should become more active (GIZ 3.2018b).

India pursues an active foreign policy under Prime Minister Modi. The core foreign policy approach of "strategic autonomy" is increasingly being supplemented by a policy of "multiple partnerships". The most important goal of Indian foreign policy is the creation of a peaceful and stable global environment for the country's economic development and, as an emerging creative power, the increasing responsible participation in shaping the rule-based international order (AA 11.2018b). A permanent seat on the UN Security Council remains a strategic goal (GIZ 3.2018a). At the same time, India is striving for stronger regional integration with its neighbors, with alternative concepts to the one-sidedly sinocentric "New Silk Road" playing an important role. In the South Asia region, India is also increasingly relying on the regional organization BIMSTEC (Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation). India is a dialogue partner of the Southeast Asian community and a member of the "Regional Forum" (ARF). India is also taking part in the East Asia Summit and, since 2007, in the Asia-Europe Meeting (ASEM). The Shanghai Cooperation Organization (SCO) accepted India and Pakistan as full members in 2017. The will of the BRICS group of states (Brazil, Russia, India, China, South Africa) recently appeared to have decreased (AA 11.2018b).

In relations with its neighbors Pakistan, which is also nuclear armed, phases of dialogue and tensions through to armed conflict have repeatedly followed each other in the decades since independence. The biggest obstacle to improving relations continues to be the cashmere problem (AA 11.2018b).

India achieved a breakthrough with the nuclear agreement with the USA. Although it refuses to join the Non-Proliferation Treaty to this day, the agreement means access to nuclear technology. India's relationship with China has also developed positively. The controversial border issues have not yet been resolved, but confidence-building measures have been agreed so that at least this issue no longer provokes a conflict. There is also interest in a further increase in bilateral trade, which has increased more than tenfold within a decade (GIZ 3.2018a).

Relations with Bangladesh are of a special nature, as the two countries share a border that is over 4,000 km long. India controls the upper reaches of the most important rivers in Bangladesh and was historically instrumental in the formation of Bangladesh during its war of independence. Difficult issues such as transit, border lines, unregulated border crossings and migration, water distribution and smuggling are discussed in regular government talks. The country's relations with the EU are particularly important from an economic point of view. The EU is India's largest trade and investment partner. In fact, trade in goods in both directions has steadily expanded (GIZ 3.2018a).

Swell:

AA - Federal Foreign Office (September 18, 2018): Report on the asylum and deportation-relevant situation in the Republic of India

AA - Foreign Office (11.2018a): India, domestic policy, https://www.auswaertiges-amt.de/de/aussenpolitik/laender/lösungen-node/-/206048, accessed on January 23, 2019

AA - Foreign Office (11.2018b): India, Foreign Policy, https://www.auswaertiges-amt.de/de/aussenpolitik/laender/lösungen-node/-/206046, accessed on January 23, 2019

CIA - Central Intelligence Agency (January 15, 2019): The World Factbook - India,

https://www.cia.gov/library/publications/the-world-factbook/geos/in.html, accessed on January 23, 2019

DS - Der Standard (1.1.2019): What 2019 will bring in foreign policy. The US Democrats take over the majority in the House of Representatives, Great Britain is planning Brexit - and there are elections in India, the largest democracy in the world, https://www.derstandard.de/story/2000094950433/was-2019-aussenpolitisch-bringt, Accessed January 28, 2019

FAZ - Frankfurter Allgemeine Zeitung (May 16, 2014): Modi is the man of the hour,

http://www.faz.net/aktuell/wirtschaft/fruehaufsteher/wahlentscheid-in-lösungen-modi-ist-der-mann-der-stunde-12941572.html, accessed on October 11, 2018

GIZ - German Society for International Cooperation GmbH (3.2018a): India, https://www.liportal.de/haben/geschichte-staat/, accessed on January 23, 2019

GIZ - German Society for International Cooperation GmBH (3.2018b): India, Economic System and Economic Policy, https://www.liportal.de/haben/wirtschaft-entwicklung/, accessed on January 23, 2019

USDOS - US Department of State (April 20, 2018): Country Report on Human Rights Practices 2015 - India,

https://www.ecoi.net/de/dokument/1430388.html, accessed on October 18, 2018

Security situation

India is rich in tensions across ethnic groups, religions, castes and also life perspectives, which often erupt in local riots (GIZ 3.2018a). Terrorist attacks in previous years (December 2010 in Varanasi, July 2011 in Mumbai, September 2011 in New Delhi and Agra, April 2013 in Bangalore, May 2014 in Chennai and December 2014 in Bangalore) and in particular the attacks in Mumbai in November 2008 pressured the government. Only a few of the attacks in recent years have been completely cleared up and the reform projects announced in response to these incidents to improve the Indian security architecture have not been implemented consistently (AA April 24, 2015). But there were also terrorist attacks with an Islamist background in the rest of the country. In March 2017, an "Islamic State" (IS) cell in the capital of the state of Madhya Pradesh placed a bomb on a passenger train. According to the police, the terror cell is also said to have planned an attack on a rally by Prime Minister Modi (BPB 12.12.2017).

The tensions in the north-east of the country continue, as does the dispute with the Naxalites (GIZ 3.2018a). The state monopoly on the use of force is being called into question in some areas by the activities of the "Naxalites" (AA September 18, 2018).

The South Asia Terrorism Portal recorded a total of 898 fatalities from terrorism-related violence in 2016. In 2017 803 people were killed by terrorist violence and in 2018 935 people were killed by acts of terrorism. Up to January 13, 2019, 12 deaths were registered as a result of the use of terrorist violence [Note: the figures quoted include civilians, security forces and