India: Human Rights

Monday 7th December 2015 Lords Chamber

Question

14:57

Asked by

[Lord Harries of Pentregarth]

To ask Her Majesty’s Government what is their assessment of the current human rights situation in India.

[The Minister of State, Foreign and Commonwealth Office (Baroness Anelay of St Johns) (Con)]

My Lords, India has a strong democratic framework and its constitution guarantees fundamental human rights. However, it also faces numerous challenges relating to its size and its social and economic development. My right honourable friend the Prime Minister discussed human rights with Prime Minister Modi during his visit in November and welcomed Mr Modi’s commitment to preserve India’s traditions of tolerance and social harmony and to promote inclusive development.

[Lord Harries of Pentregarth (CB)]

I thank the Minister for her reply. India does, indeed, have vast problems because of its size, but the human rights situation is extremely worrying in a number of aspects. My particular concern is access to justice for minority groups and, in particular, for the Dalits. Every week 13 Dalits are murdered and five have their homes burned, and every day three Dalit women are raped. The problem is that while legal mechanisms are in place, their enforcement and implementation are weak or non-existent. Will Her Majesty’s Government encourage the Indian authorities to strengthen the whole legal justice system so that perpetrators are charged and brought to justice?

[Baroness Anelay of St Johns]

My Lords, the noble and right reverend Lord is right to point to the importance of implementation of laws where they exist on these matters. The British High Commission in India regularly discusses the treatment of minorities with India’s National Commission for Minorities and with state governments across India. It is important that we are able to continue dialogue with India about how best it can implement the strong legislation it already has.

[Lord Singh of Wimbledon (CB)]

My Lords, reference to respect for human rights in a constitution does not necessarily guarantee those human rights, and there has been disturbing evidence of discrimination in particular against the Christian and Muslim communities since the coming in of Mr Modi’s Government. Does the Government agree that human rights should be respected everywhere, without any considerations of trade?

[Baroness Anelay of St Johns]

My Lords, when we discuss human rights matters with countries around the world, we never allow issues about our economic relationship to get in the way of upholding international law and international humanitarian law, and it is important that that should be the case. I can say of course that during Prime Minister Modi’s visit to the UK, my right honourable friend the Prime Minister discussed intolerance in India with him. We should note that Prime Minister Modi has on numerous occasions reaffirmed his commitment to and respect for India’s core values of tolerance and freedom, as well as reaffirming the importance of social harmony and inclusive development. That is most welcome.

[Lord Wallace of Saltaire (LD)]

My Lords, we have a thriving Indian diaspora in this country, and many British NGOs have counterparts in India and work very closely with them. However, the Foreign Contribution (Regulation) Act 2010 in India does now inhibit the extent to which our NGOs and theirs can co-operate, and discriminates against British NGOs providing finance for their Indian counterparts. Have we raised that major and very illiberal Act with the Indian Government?

[Baroness Anelay of St Johns]

The noble Lord is right to point to the importance of the work of the diaspora, which is a valued part of our community. We are aware of concerns that some Indian NGOs have about the use by the Indian Government of the Foreign Contribution (Regulation) Act to which the noble Lord referred. We are monitoring the situation closely. When, for example, Greenpeace has made representations about the Act, we have encouraged it to pursue these matters through the courts in India.

[Baroness Morgan of Ely (Lab)]

My Lords, we are aware of an escalation in the number of rapes against women in India, including several allegations made against Ministers in the Modi Cabinet against whom criminal cases are pending. Was the issue of violence against women raised by the Prime Minister in his discussions with Prime Minister Modi—and, if not, why not?

[Baroness Anelay of St Johns]

My Lords, my right honourable friend discussed a wide range of human rights issues with Prime Minister Modi, and I am sure that the noble Baroness will be aware of the speech that the Prime Minister made at Wembley underlining his commitment to human rights. Certainly through both the British High Commission in India and the Department for International Development, we look closely at the issue of violence, whether in the public or the domestic sphere. With regard to violence against women per se, we are currently helping to implement India’s domestic violence Act—but clearly it is important that all justice systems should respect the needs of those who are victims within it. That is the case in India as in other countries.