Jammu and Kashmir: Human Rights

Sarah Smith Excerpts

Wednesday 5th March 2025 Westminster Hall

[Sarah Smith (Hyndburn) (Lab)]

I beg to move,

That this House has considered Government support for human rights in Jammu and Kashmir.

It is a pleasure to serve under your chairwomanship, Dr Allin-Khan. I am very pleased to have secured this important debate on the Government’s support for human rights in Jammu and Kashmir, and I would like to thank parliamentary colleagues who have joined me to contribute to the debate. The complex issues faced in the region were last debated here back in 2021, so it is vital that we have this opportunity to highlight the challenges faced by those living in Jammu and Kashmir.

I am proud that we now have a Labour Government who have returned the UK to its rightful place on the world stage, advocating and working for the protection of human rights across the globe. I therefore welcome the opportunity to ask the Minister about that work and how it relates to the now union territories of Jammu and Kashmir.

When our TV screens are sadly filled with images of conflict from around the world, other international issues often fail to get the exposure they perhaps should, and I see part of my role as a Member of Parliament as being to highlight areas of international concern that we should not neglect to bring attention to as we continue to support our international partners in reaching a just solution.

Let us not forget that this troubled region is one of the most militarised places in the world, and ordinary Kashmiris have lived through decades of conflict and widespread abuse at the hands of state and non-state actors. The population of Kashmir remains divided between three countries, and though it is welcome that elections have now been held after a 10-year hiatus, the Indian authorities have failed as yet to provide a timeline for fully restoring Jammu and Kashmir’s statehood. After years of delay, I applaud Jammu and Kashmir for partaking in the democratic process, despite, I am sure, feeling alienated and disempowered after decades of impasse. I want to acknowledge the large Kashmiri diaspora here in Britain, including in Hyndburn and Haslingden, and their aspirations for a just settlement.

As the Minister will know, human rights groups such as Amnesty International and Human Rights Watch, as well as the United Nations, continue to highlight human rights concerns such as the repression of the media and freedom of speech in Jammu and Kashmir and the widespread use of detention before trial.

[Andy McDonald (Middlesbrough and Thornaby East) (Lab)]

Does my hon. Friend agree that the United Kingdom occupies a very special position, given our historical connections with the region? Does she also agree it is imperative that, in all trade discussions, the issues of observing human rights and the right to self-determination are consistently progressed by our Government?

[Sarah Smith]

I do agree—that is very important—and I will get to that shortly.

Human Rights Watch has stated that the Indian Government have not fully restored freedom of speech and association since the revocation of article 370 of the constitution in Jammu and Kashmir. It said in its July 2024 report:

“The Indian security forces continue to carry out repressive policies including arbitrary detention, extrajudicial killings, and other serious abuses.”

Many of these violations are enabled by legislation such as the Unlawful Activities (Prevention) Act 1967, the Armed Forces (Jammu and Kashmir) Special Powers Act 1990 and the Jammu and Kashmir Public Safety Act 1978, which obstruct the normal course of law, impede accountability and jeopardise the right to remedy for victims of human rights violations.

[Ms Stella Creasy (Walthamstow) (Lab/Co-op)]

My hon. Friend’s constituents and mine will recognise well the title of Amnesty International’s report: “Five years of silence and struggle in Kashmir”. Does she agree we are making it very clear that this Government and the MPs present today will not allow that to be the case for human rights in Kashmir?

[Sarah Smith]

I completely agree with my hon. Friend. It is encouraging to see so many Labour Members in the Chamber who share the responsibility for ensuring that we do not stay silent on the issues that matter the most.

The Armed Forces Special Powers Act remains hugely concerning, given that it gives the Indian security forces de facto legal immunity from prosecution for any human rights violation. Amnesty said:

“There is almost total impunity for enforced disappearance with little movement towards credibly investigating complaints”.

Mary Lawlor, the UN special rapporteur, said:

“The state must respect its human rights obligations and be held accountable where it violates them.”

Amnesty has reviewed the habeas corpus petitions filed to challenge detentions under the Public Safety Act before the High Court for the periods 2014 to 2019 and 2019 to 2024. It found a sevenfold increase in the number of cases filed under the PSA after 2019, with Muslim-dominated Srinagar consistently recording more PSA cases than Hindu-dominated Jammu.

As Pakistan and India work towards a bilateral resolution for peace, I want to ask the Government how the UK is supporting that aspiration. UN Security Council resolution 47 states that the future of Jammu and Kashmir should be decided by its own people

“through the democratic method of a free and impartial plebiscite”.

How will the UK Government encourage the implementation of that resolution, and how will they encourage the Indian authorities to comply with the Indian Supreme Court’s mandate for the restoration of statehood to Jammu and Kashmir?

Given the evidence of ongoing human rights violations in Jammu and Kashmir, will the UK Government agree to raise their concerns in ongoing trade talks and other diplomatic negotiations with India? As part of any future UK-India trade negotiations, will the UK Government support the call for the release of journalists, and press for an open media environment that can function in a more meaningful way to promote a healthy democratic process?

The Foreign, Commonwealth and Development Office last published an annual report on its activities to promote human rights abroad in 2023, and the previous Government unfortunately did not address Kashmir directly. Do this Government have plans to publish an annual report with reference to the Foreign Office’s activities regarding Kashmir?

I thank the Minister for her time today. The Kashmiri community in my constituency of Hyndburn make an invaluable contribution to the life of our community, but many live with anxiety about the future for their relatives in the region. I share their hope that Jammu and Kashmir will enjoy improved social and political conditions following a return to statehood, that the authorities will adopt a more humane approach to political prisoners, and that the appeal of militancy is reduced as Kashmir moves towards a peaceful resolution.

[Several hon. Members rose—]