Human Rights Situation in India

Lord Cashman Excerpts

Thursday 22nd July 2021 Grand Committee

[Lord Cashman (Non-Afl) [V]]

My Lords, I thank the noble and right reverend Lord, Lord Harries, for securing this timely debate. I share his admiration for India but also his sadness. The criticisms that I offer in this short contribution, I offer as a friend of India. But it is true to say that in India civil society organisations, international institutions, multilateral organisations, human rights groups and others have publicly voiced their concerns that the situation has not improved on human rights. The Indian Government have ignored calls from the United Nations Office of the High Commissioner for Human Rights for states to release persons detained without sufficient legal basis, including political prisoners and those detained for critical, dissenting views, to prevent the growing rates of infection everywhere, especially in closed facilities such as prisons and detention centres.

The BJP-led Government have increasingly harassed, intimidated and arrested human rights defenders—as has already been outlined—journalists, peaceful protesters and other critics, including under draconian sedition and counterterrorism laws. Civil society organisations that have questioned or criticised the Government’s policies have faced similar challenges under the Foreign Contribution (Regulation) Act, referred to by the noble Earl, Lord Sandwich. This Act was envisaged in 2010 as a means to regulate foreign donations in India, but has now become an effective tool to silence Indian civil society.

As has been mentioned, in September 2020 Amnesty International India was also forced to halt its work in the country. Last week, it was announced that the Commonwealth Human Rights Initiative, based in Delhi, had its FCRA certificate suspended and its bank account frozen, effectively suspending the payment of all staff salaries and thereby the organisation’s ability to carry out its important work. The Indian authorities have also, sadly, enacted discriminatory laws and policies, referred to earlier, against Muslims, Dalits and other minorities. The appalling treatment of the Dalits has already been documented by the noble and right reverend Lord, Lord Harries.

Yet despite the deterioration of the country’s human rights record under Prime Minister Modi, the Indian Government have so far shielded themselves from international criticism. It has been able to shield itself from widespread international condemnation is because some countries are desperate to strengthen trade and economic ties with India. Therefore, I seek the Minister’s specific reassurance that the United Kingdom Government, when negotiating a free trade agreement or strengthening economic ties with India, will ensure that there is a specific human rights clause within any such agreement, as is the case in EU free trade agreements. Such human rights clauses enable the parties to effectively raise human rights concerns and respect the international standards on human rights, and ensure that we never negotiate away the rights of those most in need and most at risk. Human rights clauses in any of our trade agreements say as much about our own country as they do those we partner with.

I remain deeply concerned about deteriorating human rights not only in India but around the world, and the accompanying demonisation and misrepresentation of minorities. As the noble Baroness, Lady Verma, said, we are witnessing such misrepresentations here in the United Kingdom where, sadly, some government Ministers and elements in our media pit one minority against another, misrepresent NGOs and deride those who take a stand against discrimination. This stoking of cultural wars must end. It harms individuals, puts lives at risk, diminishes all concerned and lays us open to charges of double standards when we raise human rights abuses in other parts of the world. There must be no double standards on human rights, in particular the rights of all minorities, wherever they may be.