Human Rights: India

Lord Harries of Pentregarth Excerpts

Thursday 17th November 2022 Grand Committee

[Lord Harries of Pentregarth (CB)]

My Lords, like the noble Baroness, Lady Verma, I have great respect for the people of India and its constitution. Resilience and joy can be found there, sometimes even in the harshest of conditions, and the constitution, which was the work of Dr Ambedkar, recognises the equality of every citizen. It is indeed a country of many diverse communities, with Muslims, Christians and Sikhs among the minorities, but all those minority groups, in one way or another, feel under pressure at the moment.

I will briefly focus on two areas, which are often interlinked. First, in recent years, those who raise their voices to protest against the direction the state is taking, or even to ask questions about it, are increasingly and systematically silenced and sometimes even imprisoned. For example, even academics in the course of their work are being put under pressure. If their work touches on a sensitive subject, they are forced to withdraw from speaking at conferences and seminars.

Unbelievably, this has happened to academics in this country. One was Lindsay Bremner, professor of architecture and cities at the University of Westminster, who recently arrived in India with a valid research visa but was told that she could not enter the country and was bundled on to an aeroplane hours later. Filippo Osella, professor of anthropology and south Asian studies at the University of Sussex, had a similar experience when he was turned away at the border in March despite having a valid research visa and having had no previous trouble in 30 years of travelling to Kerala for fieldwork.

India prides itself on being the world’s largest democracy, but there is no democracy without freedom of speech. As George Orwell put it, if it means anything at all, it means telling people what they do not want to hear. Freedom to follow and speak the truth is fundamental to all academic life.

In terms of balance, and I hope I am as balanced as anybody in this House, there are many countries—more than half the world—with human rights records far worse than India’s, and I am often among those who speak up against what is happening in other countries, but India should see that what is happening now is against its own highest standards. The great Amartya Sen, in his book The Argumentative Indian, maintained that serious discussion and disagreement had in the past been a fundamental part of Indian life. Against that standard, we have to ask: what is happening now when even academics are not being allowed to speak at conferences? Will the Government urge upon India the absolute necessity of allowing free debate, not least for academics?

The other area of particular concern at the moment is the justice system, which in some areas is deeply flawed; for example, political prisoners are being denied bail and imprisoned for long periods awaiting trial. Last year, Father Stan Swamy, a Catholic priest and tribal activist, who was 84 and suffering from Parkinson’s, was denied bail and died in prison. Similarly, there are prisoners in the Bhima Koregaon case who have been refused bail on health grounds and are still awaiting trial. They include trade unionists, human rights activists, lawyers and academics. Among them are Vernon Gonsalves, Gautam Navlakha and Dr GN Saibaba. These trials continue to be delayed by the Indian courts.

More long-standing is the case of Dr GN Saibaba, a Delhi University professor of English. Saibaba, a long-time activist for the rights of India’s vulnerable indigenous people and other oppressed communities, was arrested in 2014 and sentenced to life imprisonment in 2017. Professor Saibaba has post-polio syndrome, is wheelchair-bound and suffers from numerous health issues. Over the seven years of Professor Saibaba’s imprisonment, he has been denied adequate medical care on numerous occasions. There are others. There is Pandu Narote, an Adivasi person, who was convicted alongside him, who died in prison in August this year aged only 35 after contracting swine flu as a result of medical neglect. There is Prashant Rahi, a journalist and legal activist who is also suffering in prison and has health needs that are not being adequately attended to. All this is apart from the long-standing problem of Dalits getting recourse to justice when their village has been attacked.

Will the Government raise some of these issues, not least in connection with the trade deal? I agree with other noble Lords that we do not want to see a trade deal going through that does not take into account the absolute importance of the observance of human rights in India as elsewhere in the world.