I
104TH CONGRESS
1ST SESSION
H. R. 1425
To suspend United States development assistance for India unless the Presi-
dent 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. JEFFER-
SON, 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 Mary-
land, 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 Representa-
tives 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 pris-
oners, including prisoners of conscience, are being
held without charge or trial under special or preven-
tive detention laws.
(2) The special and preventive detention laws
most frequently cited by human rights organizations
are the Terrorist and Disruptive Activities (Preven-
tion) 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 deten-
tion with broad powers to shoot to kill with virtual
immunity from prosecution.
(4) These laws contravene important inter-
national 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 de-
tention.
(5) Throughout India, political detainees are
often held for several months, and in some cases a
year, without access to family, friends, or legal coun-
sel.
(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 detain-
ees have ‘‘disappeared’’ and hundreds of people are
reported to have been extrajudicially executed by
military and police forces.
(8) In Punjab, the Punjab Government encour-
aged 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, particu-
larly 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 organiza-
tions are deeply concerned about the severe limita-
tions placed on the powers, mandate, and methodol-
ogy 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 assist-
ance in the portion of the disputed territory of
Jammu and Kashmir under the control of the Gov-
ernment of India was an important first step in pro-
viding 
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 inde-
pendent investigations in the portion of the disputed
territory of Jammu and Kashmir under the control
of the Government of India and provided only lim-
ited 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 de-
velopment assistance for India for any fiscal year unless
the President transmits to the Congress a report contain-
ing 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 po-
lice forces.
(4) The Government of India impartially inves-
tigates all allegations of torture and deaths of indi-
viduals 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 re-
sponsible for torturing or improperly treating pris-
oners 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 organiza-
tions 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
COMPLI-
ANCE.—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 trans-
mits 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 assist-
ance for India contained in subsection (a) shall not apply
if the President transmits to the Congress a report con-
taining 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 por-
tion of the disputed territory of Jammu and Kash-
mir 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.
Æ