Human Rights on the Indian Subcontinent

John McDonnell Excerpts

Thursday 15th September 2011 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab)]

I want to mention two issues that have been raised with me by constituents. The first concerns India and the second Sri Lanka. Like my hon. Friend the Member for Brent North (Barry Gardiner), I classify myself as a friend of India. I can do nothing else—I am married to a Goan and have only just come back from visiting my in-laws in Goa. I celebrate India’s success in recent years. I celebrate its politics. I witnessed the Anna Hazare campaign of Gandhian peaceful direct action to address corrupt politicians. I only wish that we had had such a thing here a few years ago—it might have helped when the Members’ expenses scandal was exposed. I also celebrate the nature of the way in which India is developing its economy. I wish that there was greater redistribution of wealth, but at least there is a dynamism in the economy itself.

In celebrating India’s progress, I feel that I have the right—as a friend of India—to draw attention to a continuing blemish on the Indian constitution. I am talking about the continued acceptance of the death penalty. There are currently 324 prisoners on death row in India, and although there has not been an execution for seven years, the political climate has changed, and there is a real fear of an imminent implementation of the death penalty. I want to use the Floor of the House to make an appeal on behalf of my constituents for the life of one person in particular, Devinder Pal Singh Bhullar, whose case I have raised over the years with a number of colleagues. Unfortunately, he is at imminent risk of execution in New Delhi.

[Fiona Mactaggart]

Would my hon. Friend comment on the fact that when I was looking through my annual report, I discovered that the issue on which I had the biggest postbag from my constituents was Devinder Pal Singh Bhullar’s threatened execution by the Indian Government?

[John McDonnell]

There is real consternation among the community in this country and across the world. This case has been taken up by Amnesty International as one of its urgent appeals across the world. As I said, I want to use this platform to appeal to the Indian Government and the Indian President to address the case of Devinder Pal Singh Bhullar and to consider the abolition of the death penalty itself.

Devinder’s mercy petition was rejected in May and his case is now moving towards the execution process. He was sentenced to death in August 2001 after being found guilty of involvement in a bomb attack in 1993 that tragically killed nine people. He was found guilty solely on the basis of an unsubstantiated confession that he made to the police and which he later retracted. He thought that it had been made under duress from the police. He was subsequently arrested under the Terrorist and Disruptive Activities (Prevention) Act at New Delhi airport in January 1995. That Act has now been repealed and was criticised internationally and inside India for being incompatible with international standards for fair trials and fair arrests.

In March 2002, the death sentence against Devinder was upheld by the Supreme Court, but the opinion was divided, with two judges in favour and the senior judge coming down in favour of acquittal. In December 2002, a review was made of the judges’ decision, again resulting in a split decision. Usually, in such circumstances, a recommendation is made that the President accept the mercy petition, but unfortunately the petition was rejected in May this year, as I have said. Now, Devinder Pal Singh Bhullar faces the death penalty.

[Mr Virendra Sharma]

I thank my hon. Friend for giving way. I must declare an interest, in that I was born in India. I am therefore familiar with its constitutional system and traditions. My hon. Friend talked about the changes in the country, but does he also acknowledge that India’s main party and the Government have undertaken to reconsider Mr Bhullar’s case as a result of pressure from the international community? Does he agree that the Indian authorities responded to that pressure?

[John McDonnell]

That is exactly right. As a result of the campaign in India and the support that we and Amnesty International are giving it, there could be a breakthrough in this case that could lead to the abolition of the death penalty. There are clear concerns about the fairness of the trial, as well as about the eight-year delay in implementing a decision, which I believe constitutes cruel, degrading and inhuman punishment. As a friend of India—as many of us here are—I therefore appeal to the Indian Government to think again, to allow the mercy petition to go ahead and to allow this person’s death sentence to be commuted, but also to consider the issue of the death penalty itself, which I see as a continuing blemish on the Indian constitution and political system.

[Barry Gardiner]

I was most concerned to hear my hon. Friend say that the only evidence against Devinder Pal Singh Bhullar was the confession that he had made in police custody. The Amnesty report, “A lawless law”, describing another case, records that

“the trial court dismissed two of the three outstanding charges against Sheikh noting that the only evidence against him was a confession made by him while in police custody which was inadmissible in court (in India, confessions made to the police are inadmissible as evidence because of fears that they may be coerced).”

Would my hon. Friend care to comment on that?

[John McDonnell]

Yes, that is common practice, and it is usually taken into account when considering the mercy petition. That did not happen in this instance, however. There have been four recent cases in which mercy petitions have been rejected by the President. That is a change in practice that we have witnessed over the past seven or eight years, as my hon. Friend the Member for Ealing, Southall (Mr Sharma) suggested. There is a change of political climate on this issue in India at the moment, and I think that it is to the detriment of India. On that basis, pressure needs to be mounted in India and internationally, to address not only this individual case but the whole question of the abolition of the death penalty.

The issue of Sri Lanka and the treatment of the Tamils has also been raised with me. I want to associate myself with the words of my hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh) in this regard. A key issue is that, although the commission took place and various recommendations were made by the Lessons Learnt and Reconciliation Commission, a number of them have not been implemented. For example, the simple recommendation that a list of names of those in detention should be published still has not been implemented. As a result, a number of my constituents are still anxious to find out what has happened to their families and where they are in detention.

When people are released from detention, despite reassurances that they will be assisted with resettlement, that is not happening in every case. Some are living in very distressing circumstances, but they are getting no assistance. Furthermore, there is a continuing problem of land having been taken over, particularly by the military, and reallocated to the majority community. In that way, members of the Tamil community are being displaced yet again as a result of the Government’s actions. I would welcome our own Minister putting pressure on the Sri Lankan Government to address those issues and to get back into negotiations with the Tamil National Alliance, which has withdrawn from the current negotiations because of the Government’s intransigence. In that way, we might be able achieve an atmosphere of peace and reconciliation again.