TNAG-0652-FCO40-801-Planning-Staff-papers-on-human-rights-and-foreign-policy-cou-1977 — Page 96

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CONFIDENTIAL

INDIA

Report by British High Commission, New Delhi

General Observations

1. India is a once free society moving into fetters, where control will be tempered by inefficiency. The overall picture is not of the totalitarian state in its classic mould, determined to ordain in accordance with its guiding philosophy every move of every citizen; but rather the actions of a group possessing no very clear political philosophy beyond their own survival. Thus, while tolerating no alternative power groups, and while smothering popular criticism, they do not yet bother much about the mild Hindu, so long as he continues to be mild. The Indian regime is, we judge, not so bad as those of the Soviet Union, Uganda, or either of the Koreas. But it is about as bad as the other countries of South Asia, and worse than most of the non-Communist countries of the South-East Asian mainland.

Comment by South Asia Department

2. Opposition political parties still exist, even if their activities are strictly circumscribed. The Indian Government have been careful to leave certain opposition politicians at liberty and to allow them a modicum of freedom in their actions and pronouncements. Nevertheless, in many respects India's record is worse than those of Pakistan, Sri Lankan and Bangladesh.

Right No.

(i) The extent of imprisonment without

trial is considerable; it is certainly flagrant, widespread and arbitrary. There are probably 10-15,000 post- emergency political prisoners, including about 30 Members of Parliament. To these may be added an unknown number of Naxalites.

Arrests for economic offences (not included in the figures) are sometimes made on a political basis. The police also find it convenient to put away non- political troublemakers for two years, with no questions permitted.

Legislation (under the existing state of Emergency) enables Mrs Gandhi to detain indefinitely people charged with "anti- national activities". A recent amend- ment to the Constitution will enable the legislatures to pass laws of a very sweeping character in respect of anti- national activities and put such laws beyond the reach of the judiciary. The same political opponents will therefore continue to be imprisoned, but in future perhaps, after "trial".

Rating suggested by Post

5-10

CONFIDENTIAL

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