India: Information on the legal status of Shiv Sena, especially after the 1992 riots and its presence in different levels of government
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 July 1994 |
| Citation / Document Symbol | IND17961.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, India: Information on the legal status of Shiv Sena, especially after the 1992 riots and its presence in different levels of government, 1 July 1994, IND17961.E, available at: https://www.refworld.org/docid/3ae6acc48.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Although sources currently available to the DIRB in Ottawa do not clearly state that the Shiv Sena is a legally recognized political party in India, information they contain seem to suggest that it is. The 1985 Political Parties of Asia and the Pacific and Keesing's 1994 Annual Reference Supplement list the Shiv Sena as a political party.
According to Political Parties of Asia and the Pacific, the Shiv Sena took part in the 1967 general election by campaigning against the Indian National Congress candidate (1985, 366). It subsequently campaigned against the south Indians and non-Maharastrian communities (ibid.). Affiliated to the chief opposition party, the right-wing and pro-Hindu Bharatiya Janata Party (BJP), the Shiv Sena is described as an organization that "plays with the emotions of Hindus." (Human Rights in Developing Countries 1991 1992, 153). In February 1993, the government threatened to ban Shiv Sena for its involvement in the January 1993 Hindu-Moslem riots in Bombay which follow the December 1992 destruction of the Babri Mosque in Ayodhya, Uttar Pradesh and left nearly 700 deaths (AFP 25 Feb. 1993). Reports available to the DIRB do not contain information on whether the government carried out its plan, but they do indicate that it has filed charges against Shiv Sena leaders (Keesing's Oct. 1993, 39686). For further information on these charges, please refer to Response to Information Request IND16409 of 11 February 1994.
Regarding Shiv Sena's representation in the government, the party was reported to have won one of 22 seats contested in the June 1992 biennial elections to the Rajya Sabha (upper house of parliament) and four seats in the 12 and 15 June 1991 Lok Sabha (lower house of parliament) elections (Keesing's June 1992, 38967; ibid. Feb. 1992, 38762; ibid. June 1991, 38287). At the state level, Shiv Sena took 51 seats in the February 1990 Maharastra State Assembly election (ibid. Feb. 1990, 37245). Described as "comfortably and powerfully ensconced in Maharastra," Shiv Sena reportedly plans to be more visible on the national stage by presenting candidates outside Maharastra (India Today 15 Nov. 1993, 48). For further information on Shiv Sena latest activities, please consult the attached documents as well as Response to Information Request IND16401.E of 3 February 1994. Also attached please find documents naming the organizations that were banned following the demolition of the mosque in Ayodhya in 1992. These documents may be of interest to you.
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Agence France Presse (AFP). 25 February 1993. "Indian Government Blames Shiv Sena for Bombay Riots." (NEXIS)
Human Rights in Developing Countries 1991. 1992. "India." Oslo: Scandinavian University Press.
India Today [New Delhi]. 15 November 1993. L. Rattanani. "Venturing Out of Maharastra."
Keesing's Record of World Events [Avenel, NJ]. October 1993. Vol. 39, No. 10. "India: Charges Against Hindu Opposition Parties."
. June 1992. Vol. 38, No. 6. "India: Lok Sabha and State Assembly By-Elections."
. February 1992. Vol. 38, No. 2. "India: Elections in Punjab."
. June 1991. Vol. 37, No. 6. "India: General Election."
. February 1990. Vol. 36, No. 2. "India: State Elections."
Political Parties of Asia and the Pacific. 1985. Vol. 1. Edited by Haruhiro Fukui. Westport, Conn.: Greenwood Press.
Attachments
Agence France Presse (AFP). 25 February 1993. "Indian Government Blames Shiv Sena for Bombay Riots." (NEXIS)
All India Radio Network [Delhi, in English]. 11 December 1992. "5 Organizations Banned for Demolition of Mosque." (FBIS-NES-92-239 11 Dec. 1992, p. 46)
. 11 December 1992. "Parties React to Ban." (FBIS-NES-92-239 11 Dec. 1992, p. 46)
Human Rights in Developing Countries 1991. 1992. "India." Oslo: Scandinavian University Press, pp. 153-54.
India Today [New Delhi]. 15 November 1993. L. Rattanani. "Venturing Out of Maharastra," p. 48.
Keesing's Record of World Events [Avenel. NJ]. 1994. Annual Reference Supplement. "India," p. R69.
. October 1993. Vol. 39, No. 10. "India: Charges Against Hindu Opposition Parties," p. 39686.
. June 1992. Vol. 38, No. 6. "India: Lok Sabha and State Assembly By-Elections," p. 38967.
. February 1992. Vol. 38, No. 2. "India: Elections in Punjab," p. 38762.
. December 1991. Vol. 37, No. 12. "India: State Developments," p. 38683.
. June 1991. Vol. 37, No. 6. "India: General Election," pp. 38286-88.
. February 1990. Vol. 36, No. 2. "India: State Elections," pp. 37245-46.
The Hindu [Madras, in English]. 18 October 1993. "Shiv Sena Contesting 600 Seats." (FBIS-NES-93-218-S 15 Nov. 1993, p. 88)
Political Parties of Asia and the Pacific. 1985. Vol. 1. Edited by Haruhiro Fukui. Westport, Conn.: Greenwood Press, p. 366.
The United Press International (UPI). 25 September 1993. BC Cycle. "New Local Elections in Four Indian States." (NEXIS)
. 31 May 1993. BC Cycle. "India's Top Court Permits Hindu Group." (NEXIS)