Before of the U.S. Congress are standing up not only for the basic rights of all persons living under Indian repression, but for the principles of freedom throughout the world. This bill is an important step towards freedom for Khalistan and all of South Asia,” he said, “It is important to put the Indian regime on notice that it can’t keep up this oppression and expect the support of the freedom-loving people of the world.”The Indian foreign minister admitted last month that the regime is spending massive amounts of money. Sent through Ambassador S.S.Ray, to fight actions like this bill. According to the White Paper on State Terrorism in Punjab, Ambassador Ray was known as the Butcher of Bengal and Punjab for his brutality. As chief minister of West Bengal, he was involved in burning Bengali villages. Later, as governor of Punjab, Ray introduced the “fake encounter” to Punjab. In a “fake encounter.” Sikh (or other minority) is murdered by, the police then it is reported that he or she was killed in an encounter with the police. Like the Pressler amendment, under which the President must certify that there are no nuclear weapons in Pakistan, an American ally.” said Dr. Aulakh, this bill makes the President certify that India is observing basic human rights standards. This is important to all the people living under Indian repression. We urge every member of Congress to support this important legislation.” In The House of Representatives By Mr. Burton (for himself, Mr. Torricelli. Mr. Cox. Flake, Mr. Rohrabacher, Mr. Moran, Mr.King, Mr Jefferson, Mr. Hunter. Mr. Reynolds, Mr. Diaz-Balart, Mr. Condit, Mr. Fields, Mr. Towns. Mr. Doolittic, Mr. Abercrombie, Mr. Pombo, Mr. Peterson, Mr. Cunningham, Mr. Lipinski, Mr. Crane, Mr. Herger. Mrs. Waldholtz, Mr. Bartlett. Mr. Funderbunk. Mr. Hastings, Mr Jones, Mr. Calvert, Mr Stockman, Mr. Pete Geren, and Mr. Wilson) introduced the following bill; which was offered to the Committee on International Relations.
A bill
To suspend United States development assistance for India unless the President certifies. to the congress that the government of India has certain steps to prevent human rights abuses in India. Be it enacted by the senate and house of representative of the United States of America in congress assembled,
Section 1 Short title
This Act may be cited as the “Human Rights in India ace
See 2 Findings
The Congress finds the following:
(1) In Indi tens of thousands of politic cal prisoners, including prisoners of conscience, are being held without charge 3° Of trial under special or preventive detention laws.
(2) The special and preventive detention law moon frequently cased by human rights organizations are the Terms the Terrorist and Disruptive Activities (Prevention) Act (TADA) of 1987, the National Security Act of 1980, the Par Act of 1983, the Armed Forces (Jammu and Kashmir) Special Armed Forces (Punjab and Chandigarh) Special Powers Act of Powers Act of 1990, and 1090, and the Jammu and Kashmir Public Safety Act of 1978.
(3) Those laws provide them military and police forces of India sweeping powers of stand detention with broad powers to look to kill with virtual immunity from prosecution.
(4) These laws contravene important international human rights standards established under the International Covenant on Civil
Mil and Political Rights, to which India is a party, such as the right of liberty and security. ik
Security, the right to a fair trial, the right to freedom of expression, and the right not to be sub
be subjected to torture or arbitrary arrest and detention
(5) Throughout India, political detainees are often held for several months, and in some cas es, without access to family friend or legal counsel.
(6) Throughout India, the torture of detainees has been routine, and scores of people have died in police and military custody as a result
(7) Throughout India, scores of political detainees have disappeared and hundreds of people are reported to have been extra judicially executed by military and police forces.
(8) In Punjab, the Punjab Government encouraged extra judicial executions by offering bounties for the killing of militants and paid over 41.000 such bounties between 1991 and 1993
(9) Abuses by the military and police forces of India are particularly widespread in the states of Punjab, Assam, Manipur, Nagaland, and the portion of the disputed territory of Jammu and Kashmir under the control of the Government of India
(10) Many victims come from underprivileged and vulnerable sections of society in India, particularly the scheduled castes and tribes.
(11) The establishment of the National Human Rights Commission by the Government of India is an important first step toward improving the human rights record of India.
(12) However, many human rights organizations are deeply concerned about the severe limitations placed on the powers, mandate, and methodology of the National Human Rights Commission
(13) In 1994 the decision by the Government of India to allow the International Committee of the Red Cross to provide limited humanitarian assistance in the portion of the disputed territory of Jammu and Kashmir under the control of the Government of India was an important first step in providing international humanitarian organizations greater access to troubled areas of India.
(14) However, in 1994, the Government of India continued to prohibit several international human rights organizations from conducting independent investigations in the portion of the disputed territory of Jammu and Kashmir under the control of the Government of India and provided only limited access to such organizations to other states such as Punjab, Assam, Manipur, and Nagaland where significant human rights problems exit. (15) In India, armed opposition groups have committed human rights abuses.
(16) Several human rights organizations have called on such armed opposition groups to respect basie standards of humanitarian law which require that individuals not taking part in hostilities should at all times be treated humanely Sec. 3. Limitation on Development Assistance for India unless certain steps are taken by the Government of India to improve Human Rights in India.
(a) Limitation. The President may not provide development assistance for India for any fiscal year unless the President transmits to the Congress a report containing certification for such fiscal year that the Government of India meets the following requirements:
(1) The Government of India has released all prisoners of conscience in India
(2) The Government of India ensures that all political prisoners in India are brought to trial promptly and fairly, or released, and have prompt access to legal counsel and family members.
(3) The Government of India has eliminated the practice of torture in India by the military and police forces.
(4) The Government of India impartially investigates all allegations of torture and deaths of individuals in custody in India.
(5) The Government of India has established the fate or whereabouts of all political detainees in India who have disappeared.”
(6) The Government of India brings to justice those members of the military and police forces responsible for torturing or improperly treating prisoners in India
(7) The Government of India permits citizens of India who are critical of such Government to travel abroad and return to India.
(8) The Government of India ensures that human rights monitors in India are not targeted for arrest or harassment by the military and police forces of India.
(9) The Government of India permits both international and domestic human rights organizations and international and domestic television, film, and print media full access to all states in India where significant human rights problems exist.
(b) Requirement for Continuing Compliance. Any certification with respect to the Government of India for a fiscal year under subsection (a) shall cease to be effective for that fiscal year if the President transmits to the Congress a report containing a determination that such Government has not continued to comply with the requirements contained in paragraphs (1) through (9) of such subsection.
WAIVER: The limitation on development assistance for India contained in subsection (a) shall not apply if the President transmits to the Congress a report containing a determination that providing such assistance for India is in the national security interest of the United States. (d) DEFINITIONS.-As used in this section:
(1) DEVELOPMENT ASSISTANCE-The term “development assistance means assistance under chapter 1 of part of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(2) INDIA The term “India” includes the portion of the disputed territory of Jammu and Kashmir under the control of the Government of India,
(e) EFFECTIVE DATE: The prohibition contained in subsection (a) shall apply with respect to the provision of development assistance beginning 9 months after the date of the enactment of this Act.
Article extracted from this publication >> April 21, 1995
