CAT/C/57/D/583/2014
has he claimed that the Indian police believe that he personally actually engaged in militant
activities. On the basis of these facts, it is highly unlikely that any risk that might have once
existed for him in northern India would still exist upon his return.
4.7
Moreover, based on objective reports regarding the current situation of Sikhs in
India, the complainant has a viable internal relocation alternative. 6 These reports indicate
that there is no general risk of ill-treatment if the complainant is returned to India solely on
the basis of his real or perceived political opinion. Given his personal profile, as understood
from his own allegations in the present communication regarding his difficulties with the
local Punjab police, he is unlikely to be sought by authorities outside of the Punjab region
upon return to India. India is a secular republic in which citizens are not required to register
their faith. Sikhs are able to practice their religion without restriction in every state in India.
While the majority of Sikhs live in Punjab, there are also sizeable Sikh minorities in other
states. Sikh communities, which are present throughout the country, are thriving, and many
persons of the Sikh faith hold prominent official positions. From 2004 to 2014, India had a
Sikh prime minister. The head of the Indian army is a Sikh. Country reports make it clear
that only the highest-profile Sikh militants are at risk of arrest or of being pursued outside
of Punjab. These include individuals who, unlike the complainant, are either perceived as
leaders of a militant group or suspects in a terrorist attack. An individual would not
normally be considered to be a high-profile militant simply because he or she has strong
political views, is politically active or has a family member who is believed to be a highprofile militant. Country reports indicate that the actions of the local police in Punjab are
most often not politically or religiously motivated toward a particular group or cause. The
reports confirm, rather, that police in Punjab fabricate charges under the guise of
suppressing threats, political or otherwise, in order to extract bribes. Based on country
reports, it is reasonable to conclude that where an individual’s fear is based on treatment at
the hands of the local police and the individual does not have any profile of interest to the
central Indian authorities, internal relocation to other areas of India is a feasible option for
managing alleged risk of future harm. Furthermore, there is no general risk of ill-treatment
for Sikhs in India. Sikhs are free to move to any state in the country and do not face legal or
procedural difficulties in relocating. Sikhs outside of Punjab are able to practise their
religion and have access to education, employment, health care and housing; they are not
viewed with heightened suspicion nor harassed by the local police simply because of their
religion or the region from which they come. Nothing suggests that the complainant could
not live without difficulty outside of Punjab in India. The State party notes that the
Committee has considered in certain cases that an individual with a high profile as a Sikh
militant may be unable to relocate to another state within India; however, the State party
considers that it is clear, in the light of current conditions in India and upon a careful
reading of the present communication and the decisions of the Canadian authorities, that
nothing suggests that the central authorities in India would have any interest in the
complainant.
6
GE.16-09779
To support its allegations in this paragraph, the State party cites several authorities on internal
relocation possibilities for Sikhs in India, including United Kingdom: Home Office, Operational
Guidance Note: India (May 2013), section 3.9.13; also Operational Guidance Note: India (20
February 2007), sections 3.6.10-3.6.17; Canada, Immigration and Refugee Board of Canada, “India:
Situation of Sikhs outside the state of Punjab, including treatment by authorities; ability of Sikhs to
relocate within India, including challenges they may encounter (2009-April 2013)” (13 May 2013),
IND104369.E and “India: Freedom of movement, in particular, the ability to relocate freely from
Punjab to other parts of India” (12 January 1999), IND30757.E; United States Department of State,
International Religious Freedom Report for 2012: India; and United States Bureau of Citizenship and
Immigration Services, “India: Information on relocation of Sikhs from Punjab to other parts of India”
(16 May 2013), IND03003.ZSF.
5