[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1425 Introduced in House (IH)]

  1st Session
                                H. R. 1425

 To suspend United States development assistance for India unless the 
 President certifies to the Congress that the Government of India has 
      taken certain steps to prevent human rights abuses in India.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 1995

    Mr. Burton of Indiana (for himself, Mr. Torricelli, Mr. Cox of 
   California, Mr. Flake, Mr. Rohrabacher, Mr. Moran, Mr. King, Mr. 
 Jefferson, Mr. Hunter, Mr. Reynolds, Mr. Diaz-Balart, Mr. Condit, Mr. 
Fields of Texas, Mr. Towns, Mr. Doolittle, Mr. Abercrombie, Mr. Pombo, 
Mr. Peterson of Minnesota, Mr. Cunningham, Mr. Lipinski, Mr. Crane, Mr. 
 Herger, Mr. Waldholtz, Mr. Bartlett of Maryland, Mr. Funderburk, Mr. 
Hastings of Washington, Mr. Jones, Mr. Calvert, Mr. Stockman, Mr. Pete 
 Geren of Texas, and Mr. Wilson) introduced the following bill; which 
        was referred 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 
      taken certain steps to prevent human rights abuses in India.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Human Rights in India Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) In India, tens of thousands of political prisoners, 
        including prisoners of conscience, are being held without 
        charge or trial under special or preventive detention laws.
            (2) The special and preventive detention laws most 
        frequently cited by human rights organizations are the 
        Terrorist and Disruptive Activities (Prevention) Act (TADA) of 
        1987, the National Security Act of 1980, the Armed Forces 
        (Punjab and Chandigarh) Special Powers Act of 1983, the Armed 
        Forces (Jammu and Kashmir) Special Powers Act of 1990, and the 
        Jammu and Kashmir Public Safety Act of 1978.
            (3) These laws provide the military and police forces of 
        India sweeping powers of arrest and detention with broad powers 
        to shoot to kill with virtual immunity from prosecution.
            (4) These laws contravene important international human 
        rights standards established under the International Covenant 
        on Civil and Political Rights, to which India is a party, such 
        as the right of liberty and security, the right to a fair 
        trial, the right to freedom of expression, and the right not to 
        be subjected to torture or arbitrary arrest and detention.
            (5) Throughout India, political detainees are often held 
        for several months, and in some cases a year, without access to 
        family, friends, 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 extrajudicially executed by military and police forces.
            (8) In Punjab, the Punjab Government encouraged 
        extrajudicial 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 
        exist.
            (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 basic 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 a 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.
    (c) 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 I 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.
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