Death Penalty (India)

Mike Gapes Excerpts

Thursday 28th February 2013 Commons Chamber

[Mike Gapes (Ilford South) (Lab/Co-op)]

My hon. Friend referred to the fact that the Indian authorities have recently started to execute people again. Clearly, that was in the context of a terrorist attack that caused many lives to be lost. The precedent has been set, however, and there is now a real danger that many people who had been given a death sentence that had not been applied, and their families, will undergo a period of great difficulty and stress. That applies to many communities in India and not just the Punjabis.

[John McDonnell]

Exactly. I am sure that other Members will raise the question of what is happening with the Dalits and other groups.

The eight-year moratorium lulled us into a false sense of security. Naively, many of us thought that although India retained the death penalty on the statute book the continuation of the moratorium was an indication that it would eventually be abolished once and for all. Unfortunately, that was a naive judgment and our hopes were dashed in the spring of last year when reports emerged that the Indian Government were moving to execute Balwant Singh Rajoana and, possibly, to authorise the execution of Professor Devinder Pal Singh Bhullar. That caused widespread concern among the Punjabi community in the UK, across many of our constituencies and across the world.

I want to refer to the two cases, as they have been prominently mentioned in the media and carry immense significance around the world, the Rajoana case for its historical context and the Bhullar case because it is almost now a symbol of the injustice meted out to so many Sikhs in recent decades.

Let me deal first with Balwant Singh Rajoana, a former member of the Punjabi police. He has publicly acknowledged his role in the killing of the chief Minister of the Punjab, Beant Singh, in 1995. He has refused to defend himself and refused legal representation, and he has not asked for mercy. However, Sikhs and Sikh organisations in gurdwaras have appealed for mercy on his behalf, and urged the Indian Government to appreciate the context of Balwant Singh’s actions and the feelings of the Sikhs at that time and now.

Balwant Singh was party to killing Beant Singh, the chief Minister of the Punjab. We now know that Beant Singh personally commanded the police and security forces in the killing and disappearance of possibly more than 20,000 Sikhs—men, women and children. Faced with the failure of the Indian authorities to take action against the former chief Minister for his crimes against humanity, Balwant Singh and a co-conspirator took the law into their own hands. Nobody, including Balwant Singh, claims that he is innocent of the killing, but Sikh organisations, human rights lawyers and human rights groups are urging the Indian Government to take into account the context of his actions, the scale of the human suffering that the Sikhs were enduring at the time, and the anger that young men such as Balwant Singh felt at the failure of the Indian state to bring to justice the chief Minister responsible for the atrocities against the Sikhs in the Punjab. On that basis, they plead for understanding and mercy on Balwant Singh’s behalf and that the death penalty is avoided at all costs.

If Balwant Singh Rajoana symbolises the suffering of the Sikhs in that period, Professor Bhullar symbolises the injustice meted out to Sikhs, to be frank, over the years at the hands of the Indian police and the judicial system. Professor Bhullar came to the attention of the Punjab police because he investigated the abduction and disappearance of a number of his own students. The disappearances were linked to the Punjab police. The resultant persecution of his family, with the disappearance of his own father and uncle and others, led him to flee to Germany for asylum. Tragically, the German authorities believed the assurance of the Indian Government that he would not face the death penalty, and he was returned to India.

The German courts have now ruled that that deportation was wrong. Professor Bhullar has been in prison for 18 years. He has been convicted of involvement in an attempted political assassination solely on the basis of a confession, which he retracted, with not one of more than 100 witnesses identifying him at the scene, and on a split decision of the court judges. In split decisions in India, the practice of the courts is not to impose a death penalty, but Professor Bhullar has been sentenced, held in solitary confinement for eight years and, despite his deteriorating health, his plea for mercy has been rejected. Despite a further petition to the Supreme Court, the fear is that the Indian authorities could move to execute him at any time. This is a shocking miscarriage of justice waiting to happen unless we can intervene effectively.

The fears for Balwant Singh Rajoana and Professor Bhullar prompted the launch of the Kesri Lehar campaign last year. Our fears were compounded when on 21 November India ended its moratorium on the death penalty and executed Ajmal Kasab. In December the United Nations voted for the fourth time for a resolution calling for a global moratorium on executions; 111 countries voted for the moratorium, but India voted against. That is another clear indication of its intent at that time to return to the implementation of the death penalty.

A further execution by hanging took place on 9 February this year. There is a real risk therefore that, with more than 40 people now on death row in India, with 100 more sentenced to death each year, many more executions are likely to follow unless action is taken.

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[The Minister of State, Foreign and Commonwealth Office (Mr Hugo Swire)]

I congratulate the hon. Members for Hayes and Harlington (John McDonnell) and for Leeds North East (Fabian Hamilton) on securing this debate. We have heard from my hon. Friend the Member for The Wrekin (Mark Pritchard) and the right hon. Member for Wolverhampton South East (Mr McFadden), and I look forward to hearing the contributions of other hon. Members from both sides of the House.

Let me state clearly from the outset that the Government strongly support the worldwide abolition of the death penalty. We believe that the death penalty undermines human dignity, that there is no conclusive evidence of its deterrent value, and that any miscarriage of justice leading to its imposition is both irreversible and irreparable.

It is for those reasons that the Foreign and Commonwealth Office supports projects throughout the world that campaign against the death penalty. We continue to work actively towards global abolition, in line with our strategy for the abolition of the death penalty, by raising the issue bilaterally and through the EU and the UN. I believe we are closer to achieving that goal than we have ever been. In its most recent report, Amnesty International reported that 70% of the world’s countries have abolished the death penalty in law or practice. As we have heard, only 21 countries carried out executions in 2011. That is the second lowest number on record, and a third less than a decade ago.

In line with that trend, the biennial UN resolution against the death penalty has attracted increasing support each year since the first resolution in 2007. In December last year it received 111 votes in favour out of 186, which was a record. The United Kingdom played an important part in that through lobbying by diplomatic missions and ministerial contacts, and that should be applauded.

The death penalty in India is a complex issue and continues to be the subject of much debate across Indian society. India has a strong democratic framework that guarantees human rights within its constitution, as well as a functioning and independent judiciary. It was disappointing, however, that India’s de facto moratorium on the death penalty, which had existed for more than eight years, ended with the hangings of Mohammed Ajmal Kasab and Mohammad Afzal Guru last November and February this year respectively. Kasab and Guru were convicted of very serious crimes—involvement in the Mumbai attacks in 2008, and the 2001 attack on the Indian Parliament—and it is important to remember the impact that such acts of terrorism have on the people of India.

During my recent visit to India I visited the Taj hotel in Mumbai, one of the targets of the 2008 attacks where at least 31 people were killed. My right hon. Friend the Prime Minister visited the Taj memorial and the police memorials commemorating the victims of the Mumbai attacks, and the issue was brought home to me when, exactly a week ago when I was still in India, 14 people were killed in a bomb attack in Hyderabad. Having just spent three days with my right hon. Friend the Prime Minister, and seen the optimism and opportunities across India, such attacks are a shocking reminder of the terrorist threat that we face. That is why we are working more closely than ever with our colleagues in the Indian Government to combat that shared threat from wherever it emanates.

[Mike Gapes]

I agree with the Minister’s remarks about the impact of terrorism in India and elsewhere. He referred to his visit to India with the Prime Minister but did he, the Prime Minister, or anybody else from the Government take the opportunity to discuss the death penalty during that visit?

[Mr Swire]

If the hon. Gentleman will bear with me, all will soon be revealed.

It remains the British Government’s long-standing policy to oppose the death penalty in all circumstances as a matter of principle, and I hope the Indian Government will re-establish a moratorium on executions in line with the global trend towards the abolition of capital punishment. When I was in Delhi last week, I reiterated the British Government’s position on the death penalty to India’s Foreign Secretary, Ranjan Mathai, the permanent under-secretary equivalent at the Ministry of External Affairs. We will also raise our concerns about the death penalty at the EU-India human rights dialogue, which we hope will take place soon.

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[Mr Spellar]

I am slightly astonished at that.

[Mike Gapes]

Is it not a fact that, when countries have the death penalty—for example, the United States—the British Government must seek an assurance that it would not apply? Otherwise, the courts in this country will never allow anybody to be extradited to countries when there is a risk of the death penalty. The Home Office has had problems over many years in getting people out of this country because of the bad human rights records of many countries around the world.

[Mr Spellar]

I thank my hon. Friend, the previous Chairman of the Foreign Affairs Committee, for that clarification. That is exactly my understanding of the position, and it is useful that he has made it clear.

The Minister said that he raised his concerns with senior officials during his recent visit to India. However, will he clarify the concerns expressed to the Indian authorities by others on that visit and by the Foreign Office elsewhere? Were those concerns raised by the Prime Minister during his visit to India, which included a visit to Amritsar?

As my right hon. Friend the Member for Wolverhampton South East (Mr McFadden) rightly stated, the number of countries using the death penalty has gone down. As the Minister said, 70% of countries have either formally or in effect renounced the death penalty. The commitment of countries around the world was shown clearly by the vote in the UN on a moratorium. It would be a significant step for India, as a major player on the international scene and the world’s largest democracy, not just to reinstate the moratorium formally, which would be welcome, but to abolish the death penalty. India is poised to play a major role in world affairs in the coming decades and such a move would considerably enhance its authority.