Jammu and Kashmir: Human Rights

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.

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?

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.

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?

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?

Order. I remind Members that they should bob if they wish to be called.

It is a pleasure to serve under your chairmanship, Dr Allin-Khan. I thank my hon. Friend the Member for Hyndburn (Sarah Smith) for securing this timely and important debate.

My hon. Friend is absolutely right that, for more than 70 years, the people of Kashmir have suffered persecution, oppression and injustice. Their calls for justice have gone unanswered, their fundamental human rights have been violated, and their right to self-determination has been repeatedly denied. They have faced enforced disappearances, extrajudicial killings and the largest military occupation in the world. Even today, mothers wait in vain for sons who never return and wives live in perpetual uncertainty—so much so that the term “half-widows” has tragically entered our lexicon.

That injustice has been facilitated by laws such as the Unlawful Activities (Prevention) Act, the Armed Forces Special Powers Act and the Jammu and Kashmir Public Safety Act, which even the Supreme Court of India describes as “lawless law”. Those laws grant military personnel extraordinary powers to detain, arrest and even take lives without fear of prosecution. They have been weaponised against human rights defenders, journalists and political activists. Today, Yasin Malik, Khurram Parvez, Asiya Andrabi and Irfan Mehraj, as well as hundreds of others, remain imprisoned as a result of those draconian and illegal laws. Not one of them has been allowed the right to a fair trial. We must be clear in this House and call it what it is. It is not the rule of law; it is state-sponsored persecution and oppression, used over seven decades to try to silence the voice of the Kashmiris.

In August 2019 the Indian Government took the unprecedented and unconstitutional step of unilaterally revoking articles 370 and 35A, stripping Jammu and Kashmir of its special status. That action was not only a direct violation of international law, the commitments made to the Kashmiri people and decades of United Nations resolutions; it was, let us be clear, a blatant attempt by the right-wing Modi Government to quash the Kashmiri struggle once and for all. The consequences were devastating: a 150-day communications blackout, mass detentions, violent crackdowns and the transformation of the region into an open-air prison. Families were separated, businesses destroyed, young people denied education and basic rights trampled upon. Yet the Kashmiri people have shown remarkable resilience in the face of such adversity.

Order. As so many Members wish to speak, I suggest that we stick to four-minute speeches where possible, please.

I thank the hon. Member for Hyndburn (Sarah Smith) for securing this important debate and for her persuasive and articulate speech. I also thank the hon. Member for Bradford East (Imran Hussain).

Britain has long been a beacon of justice—a nation that has stood as the gold standard for the rule of law, a pillar of fairness to which the world looked in times of darkness. Our legal system has been revered globally and trusted so profoundly that even international contracts choose English courts as the final arbiters of truth. That is the legacy that we inherited, a legacy of unwavering integrity and of standing for what is right, no matter the cost, but I fear that that legacy has been somehow slipping in these times. In recent years, we have seen the principles that once defined us compromised by political expediency. The fair and equal application of justice has been tarnished by the weight of economic interests, and our moral compass has wavered in the face of convenience.

How can we claim to champion human rights when we turn a blind eye to atrocities that violate the very essence of international law? Kashmir, a region bound by United Nations Security Council resolutions, has been abandoned to decades of suffering. The people of Kashmir endure a brutal occupation, with their voices silenced and their rights stripped away, while we—the nation that helped shape modern international law—remain silent. In Gaza, civilians are caught in an unrelenting cycle of violence and despair, yet our actions remain hesitant and inconsistent. Contrast this with our swift and justified response to Russian aggression!

Why do we pick and choose when to stand for justice? Why do we let economic interests decide who is held accountable and who is ignored? This is not the Britain that we aspire to be. If we are to reclaim our moral authority and restore our standing as the defender of justice, we must hold all violators of international law to the same standard. That means taking a stance even when it is difficult. It means considering sanctions against nations such as India for the ongoing abuses in Kashmir. It means standing resolute, not for profit or political gain, but for the fundamental human rights of every individual, no matter where they live or who they are.

It is an absolute pleasure to serve under your chairship, Dr Allin-Khan. I thank my hon. Friend the Member for Hyndburn (Sarah Smith) for securing this important debate. I pay tribute to the work that my constituents in Sheffield Central have done on this really important issue: they have campaigned for many years to raise awareness of the plight of Kashmiris.

Amnesty International has documented the repression of dissent in Jammu and Kashmir, particularly after the revocation of its special autonomous status in 2019. Quite recently, the case of Farkhunda Rehman, a British Kashmiri woman who was harassed and exploited, was not investigated appropriately. This is not an isolated case. Human Rights Watch has also reported on the ongoing repression, arbitrary detentions, extrajudicial killings and restrictions on freedom of speech and of assembly. Its findings emphasise the use of counter-terrorism laws to target journalists, activists and political leaders. Journalists in Kashmir face extreme levels of harassment by security forces, including interrogation, raids and threats.

For many years, people have relayed to me their constant concerns that the Indian authorities have routinely restricted and blocked internet in Kashmir and prohibited the rights of human rights defenders and impartial independent observers. We must work hard to make sure that all political parties put their candidates up for election and facilitate free and fair participation, regardless of their political beliefs, for the determination of the future of a free and fair Kashmir.

These are my questions to the Minister. Given the scale of human rights abuses, when will we move from condemnation to action? When will we recognise that this is not a bilateral issue? When will we hear the voice of Kashmiris and ensure that their voice is heard in the international arena?

I call Tahir Ali.

Thank you, Madam Speaker.

I have been promoted!