Jammu and Kashmir: Human Rights
Debate between Sarah Smith and Stella Creasy(3 weeks, 4 days ago)
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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.