Migrant labourers in Tamil nadu
India: Requirements and procedures for tenant registration,
including implementation, particularly in Delhi, Mumbai, Kolkata and
Bangalore (2009-April 2013) [IND104372.E]
Research Directorate, Immigration and Refugee Board of Canada, Ottawa
1. Tenant Verification
In correspondence with the Research Directorate, the Director of the
Centre for Public Affairs (CPA) in Uttar Pradesh, India, a "society"
that conducts research, develops policy options and promotes dialogue
(CPA
n.d.), indicated that, "in
normal circumstances," tenant verification consists of landlords
registering their tenants at the nearest police station (CPA 16 Apr.
2013). He indicated that police keep records of the tenant's information
(ibid. 15 Apr. 2013).
Several sources report that the registration of tenants is mandatory in some cities, such as Chennai (Chennai
n.d.a), Delhi (Delhi
n.d.), Bangalore (
The Hindu 14
Mar. 2012), and Jaipur (
The Times of India 10 July 2011). Section 144 of the
Code of Criminal Procedure grants
any executive magistrate the power to issue orders in urgent cases of
apprehended danger, for example, “terrorist/anti-social elements may
seek hideouts in the guise of tenants” (
The Hindu 26
Mar. 2012). Section 144 of the
Code of Criminal Procedure, 1973, Act No. 2 of 1974 states the following:
Power to issue order in urgent cases of nuisance of apprehended danger.
-
In cases where, in the opinion of a District Magistrate, a
Sub-divisional Magistrate or any other Executive Magistrate specially
empowered by the State Government in this behalf, there is sufficient
ground for proceeding under this section and immediate prevention or
speedy remedy is desirable, such Magistrate may, by a written order
stating the material facts of the case and served in the manner provided
by section 134, direct any person to abstain from a certain act or to
take certain order with respect to certain property in his possession or
under his management, if such Magistrate considers that such direction
is likely to prevent, or tends to prevent, obstruction, annoyance or
injury to any person lawfully employed, or danger to human life, health
or safety, or a disturbance of the public tranquility, or a riot, of an
affray.
-
An order under this section may, in cases of emergency or in cases
where the circumstances do not admit of the serving in due time of a
notice upon the person against whom the order is directed, be passed ex
parte.
-
An order under this section may be directed to a particular
individual, or to persons residing in a particular place or area, or to
the public generally when frequenting or visiting a particular place or
area.
-
No order under this section shall remain in force for more than two months from the making thereof:
Provided that, if the State Government considers it necessary so to
do for preventing danger to human life, health or safety or for
preventing a riot or any affray, it may, by notification, direct that an
order made by a Magistrate under this section shall remain in force for
such further period not exceeding six months from the date on which the
order made by the Magistrate would have, but for such order, expired,
as it may specify in the said notification.
-
Any Magistrate may, either on his own motion or on the application of
any person aggrieved, rescind or alter any order made under this
section, by himself or any Magistrate subordinate to him or by his
predecessor-in-office.
-
The State Government may, either on its own motion or on the
application of any person aggrieved, rescind or alter any order made by
it under the proviso to sub-section (4).
-
Where an application under sub-section (5) or sub-section (6) is
received, the Magistrate, or the State Government, as the case may be,
shall afford to the applicant an early opportunity of appearing before
him or it, either in person or by pleader and showing cause against the
order; and if the Magistrate or the State Government, as the case may
be, rejects the application wholly or in part, he or it shall record in
writing the reasons for so doing. (India 1974)
Sources also state that people in contravention of orders issued under Section 144 of the
Code of Criminal Procedure shall be punished under Section 188 of the
Indian Penal Code, 1860 (Chennai
n.d.a;
Hindustan Times 30 Dec. 2008), which states:
Disobedience to order duly promulgated by public servant.-- Whoever,
knowing that, by an order promulgated by a public servant lawfully
empowered to promulgate such order, he is directed to abstain from a
certain act, or to take certain order with certain property in his
possession or under his management disobeys such direction, shall, if
such disobedience causes or tends to cause obstruction, annoyance or
injury, or risk of obstruction, annoyance or injury, to any persons
lawfully employed, be punished with simple imprisonment for a term which
may extend to one month or with fine which may extend to two hundred
rupees, or with both: and if such disobedience causes or tends to cause
danger to human life, health or safety, or causes or tends to cause a
riot or affray, shall be punished with imprisonment of either
description for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both. Explanation.-It
is not necessary that the offender should intend to produce harm, or
contemplate his disobedience as likely to produce harm. It is sufficient
that he knows of the order which he disobeys, and that his disobedience
produces, or is likely to produce, harm. (India 1860)
Various types of information that could be
-
name (Chennai n.d.b; Kolkata n.d.a);
-
age (ibid.; Chennai n.d.b);
-
official identity documents (ibid.; The Hindu 14 Mar. 2012);
-
photographs (Punjab n.d.a);
-
address of permanent residence (Chennai n.d.b; Kolkata n.d.a);
-
proof of permanent residence (Punjab n.d.a);
-
address of previous residence (Chennai n.d.b; Kolkata n.d.a);
-
father's name (ibid.; Chennai n.d.b);
-
details about family members (Punjab n.d.a; Hyderabad n.d.);
-
details of co-occupants (Chennai n.d.b; Kolkata n.d.a);
-
religion (Punjab n.d.a);
-
caste and sub-caste (ibid.);
-
references (Kolkata n.d.a).
In a telephone interview with the Research Directorate, a legal
researcher with Voices for Freedom (VFF) Asia, an international NGO with
offices in India, the UK, Canada and the US (VFF
n.d.a) that advocates for legal accountability and human rights (VFF
n.d.b),
noted that information regarding tenant verification is usually
published in regional newspapers in the language spoken in that region,
and therefore English-language research on tenant verification is
limited (24 Apr. 2013).
1.1 Delhi
The Delhi police website states that house owners are "required" to inform local police of the particulars of tenants (Delhi
n.d.).
The Delhi police also state that house owners should "check the
antecedents" of the tenant and "verify" their information (ibid.).
According to the Delhi police, house owners "in specified areas of
Delhi" should submit tenant information in writing "to the area
SHO/Police Station" as per orders issued under Section 144 of
The Code of Criminal Procedure (ibid.).
The Delhi police add that they conduct "regular tenant verification,"
including special tenant verification drives (ibid.). The CPA Director
indicated that tenant verification drives can be conducted as a
preventive measure, or after a major crime (16 Apr. 2013). He added
that, as a preventive measure, district police stations or the entire
"police commissionarate" conduct door-to-door verification of tenants,
or request home owners to register their tenants (ibid.). The
Hindu states
that, in 2009, the Delhi police conducted door-to-door tenant
verification of 900,000 houses, of which 86 percent of the landlords had
already applied for tenant verification (3
Jan. 2010). The
Hindu also
states that, out of 730,067 visits to houses for door-to-door
verification of domestic helpers, 89 percent of landlords had previously
applied for verification (3
Jan. 2010). The VFF legal representative stated that "a lot" of people register their domestic workers (24 Apr. 2013).
On 15 July 2011, the Times of India reported that, due to the
"serial blasts in Mumbai," the Delhi police were taking new safety
measures, including a plan to "identify every landlord and tenant in the
city. Each police station will maintain a master roll and update it
regularly." In 2011, the Times of India reported that,
according to the Special Commissioner of Crime, the tenant verification
plan was being implemented in Vasant Vihar [Southwest Delhi] and Vasant
Kunj [Southwest Delhi] (15 July 2011). The Times of India quotes a District Commissioner of Police in the South of Delhi as saying:
"'[w]e are asking for genuine ID cards from tenants whose database is
available on the internet. Instead of sending documents to the tenant's
hometown and waiting for a response, we can verify them on the internet
within 24 hours. A special software has been developed for this
purpose'". (The Times of India 15 July 2011)
The Times of India indicates that about 60,000 people have
been verified in Gurgaon, and that half of these people were verified
online (ibid.). However, according to the CPA Director, because the
"day-to-day functioning" of the police in India is paper-based, tenant
information is "kept in a file" (16 Apr. 2013). Corroborating
information could not be found among the sources consulted by the
Research Directorate within the time constraints of this Response.
The Delhi police state that information related to "domestic help,"
including drivers and watchmen, must also be submitted to police for
verification (Delhi
n.d.). The
Delhi police indicate that house owners should request information from
the "servant," including: name, address, telephone numbers of relatives,
previous workplace, references, a photograph and finger prints (ibid.).
The Delhi police add that there are public advertisements advising
people to verify their "servants" and "Resident Welfare Associations and
Trader Associations are briefed in meetings regularly" (ibid.). The
Delhi police also "regularly" conduct "servant verification drives"
(ibid.).
On 13 August 2011, the Times of India reported that a Delhi tenant verification drive resulted in police finding a suspect. According to the Times of India,
a police officer was conducting an "initial check" of tenant
registration and found the suspect's information in several documents
under different names (13 Aug. 2011).
Without specifying the number of years, the VFF legal representative
indicated that tenants in Delhi and Mumbai must eventually register
their leases at the local court (24 Apr. 2013). Corroborating
information could not be found among the sources consulted by the
Research Directorate among the time constraints of this Response.
1.2 Mumbai
Media sources indicate that tenant verification is mandatory in Mumbai (
The Pioneer 16 Sept. 2009;
The Hindu 26
Mar. 2012). Media sources report that, according to police, tenant verification has been successful in Mumbai (ibid. 14
Mar. 2012;
The Times of India 13
Mar. 2009).
The Hindu reports
that, according to the Mumbai Police Joint Commissioner of Law and
Order, there is almost 95 percent compliance with tenant verification
(14
Mar. 2012).
The Hindu adds
that, according to citizens of Mumbai, the tenant verification process
is a "community-driven initiative where even housing societies require
you to submit a verification form" before renting out a house (14
Mar. 2012).
The Hindu also says that, in some cities, such as Pune, approval from a lawyer is also a requirement of tenant verification (14
Mar.
2012). Corroborating information could not be found among the sources
consulted by the Research Directorate within the time constraints of
this Response.
1.3 Kolkata
Kolkata police state that landlords should collect detailed
information from tenants and give the local police station a "tenant
profile form," which is available at local police stations and on the
Kolkata police website (Kolkata
n.d.b). The Kolkata police website also contains a downloadable "Domestic Help Profile Form" (ibid.
n.d.c).
Further information on tenant verification in Kolkata could not be
found among the sources consulted by the Research Directorate within the
time constraints of this Response.
1.4 Bangalore
On 7 September 2012, the
Times of India reported that,
although the Police Commissioner indicated that the tenant verification
programme previously was not implemented successfully, the police are
now prioritizing tenant verification and will be launching a "special
drive." On 14 March 2012, the
Hindu indicated that the Bangalore police enforced a mandatory tenant verification rule in November 2011 under Section 144 of the
Code of Criminal Procedure orders, but a landlord said that there is "'not much enforcement'." The
Hindu also
indicated that landlords were also ordered to submit tenant
verification in 2006 and 2008, but the push for tenant verification was
unsuccessful (14
Mar. 2012). On 10 February 2013, the Bangalore-based
Deccan Herald reported that Bangalore police have attempted to make tenant verification mandatory. However, the
Deccan Herald indicates that most owners have not conducted tenant verification (10 Feb. 2013).
1.5 Other States and Cities
The VFF legal representative said that tenant registration is
mandatory in all states, and especially in metropolitan cities (VFF 24
Apr. 2013). Sources report on tenant registration in several states,
including: Goa (
The Times of India 16 July 2009), Hyderabad (Hyderabad
n.d.), Punjab (Punjab
n.d.b), Tamil Nadu (Tamil Nadu
n.d.), Uttar Pradesh (Uttar Pradesh
n.d.), Uttarakhand (
The Pioneer 25 Sept. 2008), and West Bengal (West Bengal
n.d.). On 3 April 2012, the
Kashmir Monitor reported that tenant verification is mandatory in Goa. The
Kashmir Monitor adds that Kashmiri migrants in Goa must also submit a "'Stranger Roll'" at the nearest police station (3 Apr. 2012). The
Kashmir Monitor
also says that, for migrants, police record information, obtain
photographs, and send the details to police in the migrant's state of
origin for verification (3 Apr. 2012).
The Times of India reports
that tenant verification drives in the city of Colonelganj [Uttar
Pradesh] resulted in finding criminals in rental accommodations, and
stated that the Colonelganj police are considering making tenant
verification drives mandatory (11 July 2011).
The Andhra Pradesh police indicate that landlords in Hyderabad City
should complete several steps for tenant verification, including opening
a "tenant register" to submit tenant information and photographs,
obtaining pay-slips from the tenant's workplace to ensure that they work
there, providing the local police station with the tenant's
information, monitoring the tenant's activities, making surprise visits
to the tenant, and conducting a thorough verification of tenants that
come from areas known for "terror" and criminal activity (Andhra Pradesh
n.d.).
Sources report on tenant registration in several cities, including: Allahabad [Uttar Pradesh] (
The Times of India 13
Mar. 2009), Chandigarh [Haryana and Punjab] (Chandigarh
n.d.), Chennai [Tamil Nadu] (Chennai
n.d.b), Hyderabad City [Andhra Pradesh] (Andhra Pradesh
n.d.), and Ranchi [Jharkhand] (
The Pioneer 16 Sept. 2009). However, in 2009, the
Pioneer indicated
that 90 percent of the landlords in Ranchi had not submitted tenant
verification (16 Sept. 2009). Corroborating information could not be
found among the sources consulted by the Research Directorate within the
time constraints of this Response.
2. Police Verification of Tenant Information
The VFF legal representative said that there are "no written
procedures" pertaining to how police verify information, but stated that
she "presumes" that information is cross-referenced with lists of
wanted persons (24 Apr. 2013). She added that in some cases, such as if
someone is on a "wanted" list, the police may visit the tenant's former
home to do a background check, although this is "not a regular practice"
(VFF 24 Apr. 2013). The CPA Director indicated that records are
"checked and cross-checked," "[o]nly in cases of serious incidents of
crime, more particularly in cases of terrorism, drug peddling and any
such similar crime" (15 Apr. 2012). Corroborating or further information
could not be found among the sources consulted by the Research
Directorate within the time constraints of this Response.
According to the VFF legal representative, when a citizen moves, in
order to obtain a passport, voter's card or ration card, the police must
verify the person's new address (24 Apr. 2013). She said that, in some
cases, this may include a police visit to the person's home (24 Apr.
2013).
3. Consequences of Not Registering Tenants
In correspondence with the Research Directorate, the Associate
Director of the India Studies Program who is also an Associate Professor
at the Department of Criminal Justice at Indiana University that has
researched the Indian police indicated that the "tenant registration
system varies - largely it is non-existent in most cities and states"
(25 April 2013). The VFF legal representative stated that "a lot" of
landlords do not register their tenants, and added that compliance to
tenant registration varies from state to state (24 Apr. 2013). She also
said that the legal requirement to register tenants "may be stringently
applied" in some states, such as Jammu and Kashmir, Manipur, Punjab and
Tamil Nadu (24 Apr. 2013). The VFF legal representative also said that
landlords "may" be held criminally liable for not registering their
tenants, but also said that some landlords bribe police to avoid
criminal charges (24 Apr. 2013). According to the CPA Director, tenant
registration in Delhi, Mumbai, Bangalore and Kolkata "is a legal
requirement, but voluntary. There are no penal consequences if someone
does not register his/her tenants" (15 Apr. 2013). However, on 30
December 2008, the Hindustan Times reported that a landlord in
Delhi was arrested for "failing to submit tenant verification forms
despite repeated warnings," and the case was registered under Section
188 of the Indian Penal Code. Also in 2008, the Hindu reported
that Delhi police "initiated legal action" against a landlord who
failed to submit a tenant verification of a tenant who was later charged
with drug possession (21 May 2008). On 28 July 2008, the Hindustan Times reported
that five landlords in south Delhi were arrested for not verifying
their tenants, and although they were released on bail the same day, the
cases were going to go to a city magistrate. Further information could
not be found among the sources consulted by the Research Directorate
within the time constraints of this Response.
On 13 July 2011, the Times of India reported that Mumbai
police submitted a report to the district magistrate indicating that a
landlord whose tenant is accused of being a shooter in a gang "violated
the collector's orders" by not submitting a tenant verification form. On
16 July 2009, the Times of India reported that police officers
in Goa were "instructed to take action" against landlords who do not
comply with tenant verification. In 2011, the Times of India
also reported that, in Jaipur, "the police are now empowered to take
action against errant landlords" for not registering their tenants with
the police (10 July 2011). Further information on consequences of not
registering tenants could not be found among the sources consulted by
the Research Directorate within the time constraints of this Response.
4. Tenant Verification Services
EasyRenting, an online portal about property, indicates that it conducts police registration and tenant verification (20
Mar.
2013). According to a press release by AuthBridge, a background
verification company, a product called "IndiaVerify," which is an
"online verification service," can be used by individuals in India
(AuthBridge 12
Oct. 2012).
IndiaVerify specializes in "marriage partner verification, tenant
verification, driver verification and domestic help verification"
(ibid.). Further information on tenant verification services could not
be found among the sources consulted by the Research Directorate within
the time constraints of this Response.
This Response was prepared after researching publicly accessible
information currently available to the Research Directorate within time
constraints. This Response is not, and does not purport to be,
conclusive as to the merit of any particular claim for refugee
protection. Please find below the list of sources consulted in
researching this Information Request.
References
Andhra Pradesh. N.d. Andhra Pradesh Police. "Tenant Verification."
<http://apstatepolice.org/APPW/jsp/howDoIUser.do?method=secMenuTopics&topic=Tenant%20Verification>
[Accessed 16 Apr. 2013]
Associate Director, India Studies Program, Indiana University. 25 April 2013. Correspondence to the Research Directorate.
AuthBridge. 12 October 2012. "IndiaVerify to Offer Matrimonial Verification Service to Individuals." (Factiva)
Centre for Public Affairs (CPA), Uttar Pradesh. 16 April 2013. Correspondence to the Research Directorate.
_____. 15 April 2013. Correspondence to the Research Directorate.
_____. N.d. <http://www.cenpub.org/> [Accessed 22 Apr. 2013]
Chandigarh. N.d. Chandigarh Police. "Tenant Verification/Information
Form." <http://chandigarhpolice.nic.in/landlord.PDF> [Accessed 3
May 2013]
Chennai. N.d.a. Chennai Police. "Order Under Section 144 of Code of
Criminal Procedure, 1973."
<http://www.tnpolice.gov.in/pdfs/Order-English.pdf> [Accessed 16
Apr. 2013]
_____. N.d.b. Chennai Police. "Format for Information on Tenants."
<http://www.tnpolice.gov.in/pdfs/Application_Form-English.pdf>
[Accessed 16 Apr. 2013]
Deccan Herald [Bangalore]. 10 February 2013. "Travails of Tenants." (Factiva)
Delhi. N.d. Delhi Police. "Delhi Police Set Up."
<http://delhipolice.nic.in/home/about/dpcharter.aspx> [Accessed 11
Apr. 2013]
EasyRenting. 20 March 2013. "EasyRenting Now Comes with Value Property
Related Tips."
<http://www.free-press-release.com/news-easyrenting-now-comes-with-valued-property-related-tips-1363779393.html>
[Accessed 15 Apr. 2013]
The Hindu [Chennai]. 26 March 2012. "No Substitute to Good Policing." (Factiva)
_____. 14 March 2012. Vasudha Venugopal. "Other Cities Saw Mixed Results." (Factiva)
_____. 3 January 2010. "New Initiatives by Police Yielded Results: Commissioner." (Factiva)
_____. 21 May 2008. "Drugs Seized; 2 Nigerians Held." (Factiva)
Hindustan Times [New Delhi]. 30 December 2008. "Police Intensify Tenant Verification, 1 Held." (Factiva)
_____. 28 July 2008. "After Terror Weekend, Spotlight on Tenants." (Factiva)
Hyderabad. N.d. Hyderabad Police. "Format for Information of Tenants."
<http://www.hyderabadpolice.gov.in/Forms/TENANTSINFORMATION.pdf>
[Accessed 17 Apr. 2013]
India. 1974. The Code of Criminal Procedure, 1973 (Act No. 2 of 1974). <http://mha.nic.in/pdfs/ccp1973.pdf> [Accessed 17 Apr. 2013]
_____. 1860. The Indian Penal Code, 1860 (Act No. 45 of 1860). <http://mha.nic.in/pdfs/IPC1860.pdf> [Accessed 18 Apr. 2013]
Kashmir Monitor [Srinagar]. 3 April 2012. "'No Discrimination Against Kashmiris.'" (Factiva)
Kolkata. N.d.a. Kolkata Police. "Resident Tenants Profile Form."
<http://www.kolkatapolice.gov.in/forms/TenantProfile.pdf>
[Accessed 16 Apr. 2013]
_____. N.d.b. Kolkata Police. "Security Advisory to the Citizens."
<http://www.kolkatapolice.gov.in/forms/securityadvisory.pdf>
[Accessed 16 Apr. 2013]
_____. N.d.c. Kolkata Police. "Downloads." <http://www.kolkatapolice.gov.in/download1.html> [Accessed 16 Apr. 2013]
The Pioneer [New Delhi]. 16 September 2009. "90% Landlords in Ranchi Fail to Report About Tenants." (Factiva)
_____. 25 September 2008. "Bangladeshis to Be Blamed for Rising Crime: IG." (Factiva)
Punjab. N.d.a. Punjab Police. "Punjab Right to Service Act 2011."
<http://punjabpolice.gov.in/writereaddata/UploadFiles/Saanjh/7.pdf>
[Accessed 16 Apr. 2013]
_____. N.d.b. Punjab Police. "Community Policing."
<http://punjabpolice.gov.in/ComunityPolicing.aspx> [Accessed 16
Apr. 2013]
Tamil Nadu. N.d. Tamil Nadu Police. "Application Form for Information
on Tenants." <http://www.tnpolice.gov.in/Tenants_License.html>
[Accessed 16 Apr. 2013]
_____The Times of India. 13 August 2011. Dwaipayan Ghosh. "Pak National Posing as Afghan Arrested." (Factiva)
_____. 13 August 2011. Dwaipayan Ghosh. "Pak National Posing as Afghan Arrested." (Factiva)
_____. 15 July 2011. Dwaipayan Ghosh. "Delhi Cops Ready 5-point Plan, Scan Internet for Clues." (Factiva)
_____. 13 July 2011. "Rahman Case: Building Owner Summoned." (Factiva)
_____. 11 July 2011. Kapil Dixit. "Criminal Living in Rented House Shock City Police." (Factiva)
_____. 10 July 2011. "Tenant Verification to Become Stricter." (Factiva)
_____. 16 July 2009. Preetu Nair. "INSAS Rifles to Give Police More Fire Power." (Factiva)
_____. 13 March 2009. "Tenant Verification Drive Re-launched." (Factiva)
Uttar Pradesh. N.d. Uttar Pradesh Police. "Forms for Download."
<http://uppolice.up.nic.in/Forms_public.html> [Accessed 16 Apr.
2013]
Voices for Freedom (VFF) Asia. 24 April 2013. Telephone interview with a legal researcher.
_____. N.d.a. "Profile." <http://voicesforfreedom.org/voices-for-freedom/> [Accessed 1 May 2013]
_____. N.d.b. "Programs." <http://voicesforfreedom.org/programs/> [Accessed 1 May 2013]
West Bengal. N.d. Criminal Investigation Department. "The House You're
Letting Out Could Become a Home for Criminals."
<http://www.cidwestbengal.gov.in/safety-tips-tenant-safety.php>
[Accessed 17 Apr. 2013]
Additional Sources Consulted
Oral sources: Attempts to contact the following
individuals and representatives of organizations were unsuccessful
within the time constraints of this Response: Advocate and Notary; Asian
Human Rights Commission; Associate Director of India Studies Program at
Indiana University; Canada — High Commission of Canada in India;
Director of India Initiative at the Center on the Global Legal
Profession; Human Rights Advocate at the Supreme Court and the Punjab
and Haryana High Court; India — Directorate of Coordination Police
Wireless, High Commission of India in Ottawa, Ministry of Home Affairs;
Khaitan and
Co. Advocates; Lawyer
in New Delhi; National Human Rights Commission; Police — Andhra
Pradesh, Bangalore City, Delhi, Kolkata, Mumbai, Punjab, Tamil Nadu,
Uttar Pradesh; Professor of Law at the American University. The
following individuals could not provide information for this Response:
Chairman of the Centre for Multilevel Federalism, representative of
SWAYAM, Political Science Professor at the University of California.
Internet sites, including: ecoi.net; India — Press
Information Bureau; Karnataka State — Police; Official Website of
Lucknow; United Nations — Refworld; United States Department of State.
