India: Citizenship (Amendment) Act 2019

Debate between Lord Brougham and Vaux and Earl of Sandwich

Tuesday 25th February 2020 Grand Committee

[The Earl of Sandwich (CB)]

My Lords, I am most grateful for this opportunity and look forward to hearing from colleagues who have a close knowledge of the subject, and of course to the Minister.

Britain’s relationship with India started with the embassy of Sir Thomas Roe to the Mughal Emperor Jahangir in 1615. Much has happened in 400 years, and the UK has had to live down some of the atrocities of colonial rule since then. But today, nearly 73 years into independence, this country and India share many core values and traditions. This continuing—I think I can say “special”—relationship has drawn on our common language and our many human contacts through trade, business, diplomatic, cultural and aid activities. It also reflects the contribution to this country of a large number of Indian immigrant families. Many of our senior scientists, surgeons, judges and politicians have an Indian background. Over 100 candidates in the last election to the House of Commons came originally from the countries that constituted India before 1947. In short, as one who has lived and worked in India at various times, I believe that we in the UK are privileged to be so closely tied to a country with such a long history and character, enriched by so many traditions and religions. But we must not take this relationship for granted; indeed, we should cherish it.

Today I want to discuss specifically the state of India’s minorities. It is well known that Prime Minister Narendra Modi belongs to the majority Hindutva tradition. In 2001, he was Chief Minister of Gujarat when hundreds, mainly Muslims, died in a series of incidents. All this was overshadowed at the time by 9/11; nevertheless, in India it was a transformative event, resulting in Mr Modi’s exclusion from visiting the United States. Yet there is no doubt that Hindu nationalism, coinciding with these events and other atrocities since, has brought confidence to the business community and given Mr Modi’s BJP two election victories.

More recently, new legislation has discriminated against Muslims. First came the division of Jammu and Kashmir into two states, and their occupation by the Indian army. Then the Government decided to register everyone in Assam state. Local politicians there had complained of infiltration by millions of Muslims from Bangladesh, but a census of its 33 million people showed that fewer than 2 million had insufficient documentation. Mr Modi now seems determined, via a National Register of Citizens, to register the entire population of India in order to root out illegal immigrants, but he is meeting considerable opposition. The Citizenship (Amendment) Act 2019, which passed through the Lok Sabha in December, granted an amnesty to illegal immigrants from three neighbouring countries—Pakistan, Afghanistan and Bangladesh—but not to Muslims from those countries. Unsurprisingly, there have been riots and protests in New Delhi, Aligarh and all over the country, and not only from the Muslim community. Five states refuse to implement the law. The UN has criticised it at a high level. Euro MPs have called it the world’s “largest statelessness crisis”, and it is bound to come up during the Prime Minister’s forthcoming visit to Brussels.

This is why I am asking Her Majesty’s Government about the impact of the CAA both in India and in this country, especially regarding human rights and security. Human rights, since the days of William Hague and Jack Straw, have become a hallmark of our diplomacy, and in many countries we have established a regular dialogue. However, our relationship with India is so close that to my knowledge there has been no need for such a dialogue; India is not even on the FCO human rights list. But I will argue that there may be a need for one now.

Many years ago, the Indian writer Khushwant Singh wrote about the ancient rivalry between Hindu and Muslim as though it was endemic in Indian society, but he pointed to changing attitudes. The British, for example, favoured Hindus after the 1857 rebellion as assisting law and order under the Raj. But after independence and partition, when two new secular countries were created, the Foreign Office took a more neutral line, as in much of the Middle East, tending to uphold the stability of independent Arab states. However, the new India and Pakistan of Gandhi, Nehru, Jinnah and Patel, like the South Africa of Nelson Mandela later on, were to be democratic, multiracial and respectful of human rights and the rule of law. In India these rights were strongly protected at that time by the Congress Party. It is doubtful that any of those leaders would be satisfied with the situation today.

As we all know, security is of paramount concern throughout the world. In Europe we are witnessing fears of refugees and migrants, and Governments have had to adjust to popular feeling. We have had some violent attacks by terrorists in the UK. In India there is a lot of sensitivity to terrorism, especially coming from Pakistan, and there have been incidents that exacerbate that. Mr Modi may think that his new Act meets fears from all sides of India and that violence justifies stronger measures.

What does the FCO advise today? More than l million UK citizens visit India every year. Visitors are warned against travel to Kashmir, the Pakistan border, Assam and anywhere where there are demonstrations against the CAA. Our shared language and culture also mean that we share these fears of terrorism. The regular migration of families between our two countries suggests that there is more sensitivity to discrimination than ever within our Asian minorities. This hits the Muslim community hardest.

In foreign policy India has always had a distinct profile, namely neutrality. Ever since the Bandung conference of 1955, it has earned an international reputation as a leader of the Non-Aligned Movement, which began as an alternative to the power blocs of the Cold War. Surprisingly, the NAM still exists and acts as a home for countries of the south, although India has moved on and is now not only a nuclear power but a member of the BRIC group and, of course, a major player in the Commonwealth. Many developing countries respect India’s democratic model and its example of integrity and good governance.

Inequality and discrimination have characterised Hindu society all the way back to the Vedas, but a stronger impression remains with me from my own time in India: an honesty and openness, a true sense of liberty, a fundamental belief in justice, and good humour. I am an admirer of the late cartoonist RK Laxman, who managed to show up the many wrongs, absurdities and anomalies in Indian life.

It would be wrong to see the UK and India as equals, but the two countries have reached a high point of mutual respect and understanding. There are obvious differences in the size of the economies, their balance of trade and world status, but the two countries need each other. Brexit has given the UK a new opportunity to expand its trade with the subcontinent, although in my view too little attention is given to this, especially in the education sector. India has long complained of our immigration policy.

In the context of human rights, the UK can argue that India has a long way to go in reaching the UN’s sustainable development goals. These goals are built around the phrase “leaving no one behind”, and it seems obvious that a stable economy and well-integrated, well-governed society has a greater chance of reaching these goals. Mr Modi’s Government have a range of concerns about security, but must balance those against their responsibility to their own citizens. Even President Trump’s team have made a similar point this week.

Finally, it is not widely known that India is no longer eligible for our international development programmes, but extreme poverty persists in many states. Through NGOs and the churches, the UK has continued to support the very poorest communities, including Dalits, Adivasis and others. Can the Minister confirm that our aid programme will continue to prioritise these and other minorities? This has become a legitimate FCO question as well. Having heard me out, will the Government now urge Mr Modi to carry out a review of the CAA and its effect on Indian society?

[The Deputy Chairman of Committees (Lord Brougham and Vaux) (Con)]

I remind noble Lords that the time for this debate is very short. Speeches are limited to six minutes, and noble Lords should keep an eye on the time on the screen.