Human Rights on the Indian Subcontinent

Nigel Evans Excerpts

Thursday 15th September 2011 Commons Chamber

[Mr Denis MacShane (Rotherham) (Lab)]

On a point of order, Mr Deputy Speaker. I have just received a communication from an Indian paper called Daijiworld. The headline reads, “India reacts strongly to British parliamentary debate on Kashmir”. We have not even had the debate and already a parliamentary democracy is telling us that we should not be having it. That is not quite a point of order, but this really is an insult from the Indian journalists who say we should not even be debating this in our own House of Commons.

[Mr Deputy Speaker (Mr Nigel Evans)]

Thank you, Mr MacShane. Perhaps you have just introduced a new practice in which people stand up and say, “Nearly point of order, Mr Deputy Speaker.” You are quite right: it was nearly a point of order but it certainly was not one for the Chair. However, it has been put on the record.

[Steve Baker]

I am most grateful for the right hon. Gentleman’s contribution.

As I was saying, we must not deceive ourselves. Moving on to issues of freedom of movement, of association, of speech and so on, I want to mention a report by Amnesty International entitled, “India: A ‘lawless law’: Detentions under the Jammu and Kashmir Public Safety Act,” which contains a number of allegations regarding the use of preventive, administrative detentions. The contents include:

“Violations of the principle of legality…Delayed and secret reasons for detention…No access to judicial authority…Restrictions on access to legal counsel…Indefinite detention of foreign nationals…Immunity of officials…Incommunicado detention …Torture…Detention without any legal basis”.

That Amnesty International report deserves an answer.

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[Steve Baker]

I am most grateful—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Before the hon. Gentleman responds to that intervention, I remind him of the guidelines about the length of his contribution.

[Steve Baker]

Thank you, Mr Deputy Speaker. I have taken my last intervention. The hon. Member for Brent North (Barry Gardiner) makes a good point, although I have not read that report. I am seeking to be even-handed, but even so, I have to enter this into the record for the sake of discussion. The “lawless law” report states that by using the Jammu and Kashmir Public Safety Act

“to incarcerate suspects without adequate evidence, India has not only gravely violated their human rights but also failed in its duty to charge and try such individuals and to punish them if found guilty in a fair trial.”

I wish to express considerable humility on this point, because the Jammu and Kashmir Public Safety Act is very much in line with the principle at least of our own control orders and terrorism prevention and investigation measures. The House should therefore not be too quick to condemn the principle of what India is doing. It is very much in line with what we have done. In my Second Reading speech on TPIMs, I condemned administrative detention outright and then withheld my vote from it, so I hope that I will escape the accusation of hypocrisy.

We need to consider how these measures arise. Why do democracies turn to such measures? I suggest that when democracy is denied, people turn away from it and end up seeking violence. I am proposing, for the people of Kashmir, a comprehensive policy of non-aggression, peace and democratic self-determination under the terms of the UN resolutions. I accept that the situation in Kashmir can only, and must, be resolved by Kashmiris, India and Pakistan, but we must acknowledge in this place the absolute moral, legal and political equality of the Kashmiri people and take whatever steps are appropriate to secure demilitarisation, democratic self-determination and a prosperous and secure future for Kashmir. I hope that the Government are listening and will take whatever steps they can.

[Mr Deputy Speaker (Mr Nigel Evans)]

I remind Members that there is a five-minute limit on speeches.

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[Yasmin Qureshi (Bolton South East) (Lab)]

I have only two minutes left, so I am going to speak very fast. I wish to refer to an article written by Dr Angana Chatterji, the associate professor of social and cultural anthropology at the California Institute of Integral Studies. Along with her cameraman and a number of other people, she went to Jammu and occupied Kashmir. Her article states:

“Dirt, rubble, thick grass, hillside and flatland, crowded with graves. Signifiers of military and paramilitary terror, masked from the world. Constructed by institutions of state to conceal massacre. Placed next to homes, fields, schools, an army practice range. Unknown, unmarked. Over 940 graves in a segment of Baramulla district alone. Some containing more than one cadaver. Dug by locals, coerced by the police, on village land. Bodies dragged through the night, some tortured, burnt, desecrated. Circulating mythology claims these graves uniformly house ‘foreign militants’. Exhumation and identification have not occurred in most cases. When undertaken”—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Sadly, we have to start the wind-ups now, and I apologise to the hon. Lady.