Congressional Caucus on India and Indian Americans

Congressional Caucus corrects inaccurate and misleading statements about India

Letter to Congressional Colleagues

Jim McDermott/Ed Royce
May 8, 2002

Dear Colleague:

A letter containing a number of inaccurate and misleading statements about India was recently circulated in the House. As Cochairmen of the Congressional Caucus on India and Indian Americans, we feel compelled to respond. This is especially so given the growing importance of the
U.S.-India relationship.

The February 28th letter sent to President Bush by the Council of Khalistan makes a series of unsubstantiated allegations about "political prisoners" in India. In fact, a few days after the letter was dated, the Department of State's Country Report on Human Rights for India stated: "There were no reports of political prisoners (in India)." The State Department Report also notes that India has an independent judiciary and a Constitution that protects freedom of religion, the right of habeas corpus, freedom of speech, and freedom of the press. Under India's Constitution, no person can be arrested or detained without due process of law. India has established a National Human Rights Commission, which has earned a high level of international credibility.

The claim in the aforementioned letter that, "Amnesty International reports that tens of thousands of Christians, Muslims and other minorities are also being held as political prisoners" is inaccurate. That citation was taken from an Amnesty International report that is many years out of date. Amnesty International currently makes no such claim. Contrary to the claims in the letter, Sikhs are not being held in detention illegally in India. The allegation that thousands of Sikhs have been held without charges since 1984 is false. According to the Indian Ministry of Interior, some 21 individuals are being detained under the Terrorist and Disruptive Activities Act (TADA) of 1987. These individuals are being held on specific charges of such heinous crimes as murder, kidnapping, and terror bombings. Under the direction of the Indian Supreme Court, all cases of detention under TADA are periodically reviewed.

For decades, the United States and India have shared important commitments to human and civil rights. India's Constitution mirrors many of the provisions of our Bill of Rights, including the freedoms of speech, press, assembly and religion, as well as the protection against unlawful arrest and other guarantees of due process. The right of habeas corpus is another important safeguard both countries protect under law.

In recent years, India and the United States have moved toward a closer partnership on a broad range of issues including attempts to expand trade, promote democracy, combat disease, and protect the environment. A Joint Counter-Terrorism Working Group was established two years ago. Since September 11th, this aspect of the US-India relationship has become critical. The Bush Administration recognizes our relations with India as a major element of its foreign policy, as did the Clinton Administration. There is wide bipartisan support in Congress for promoting ties with India.

India is a large and diverse country. It is a country struggling to overcome a high illiteracy rate, as recently acknowledged by President Narayanan in his Republic Day address. Its human rights record is not spotless. But as we work with India to promote human rights and democracy throughout the world, it is important that we act based on the facts.

Thank you for taking the time to read this letter. We believe it is important to clarify the record.

Sincerely,

Signed:
Jim McDermott --- Ed Royce
Cochairmen
Congressional Caucus on India and Indian Americans