[Editor’s note: This is the second part of a two-part series on the exploitation, economic drain, and cultural suppression of India by the British Raj. Part 1 focused on the litany of crimes against humanity committed by Britain in India, detailing the severe atrocities and injustices inflicted during colonial rule. This write-up discusses the case for reparations, examining the legal and moral grounds for Britain to compensate India for the immense damages caused. Stay tuned for a comprehensive exploration of why reparations are not only justified but necessary for addressing these historical wrongs.]
- Britain must be held accountable for its high crimes in India, as established by international laws and precedents on reparations.
- The Hague Convention of 1907 and the UN’s 2005 resolution support the right to reparations for victims of gross human rights violations.
- Despite strong arguments from figures like Shashi Tharoor, India has yet to formally demand reparations from Britain for colonial atrocities.
- Britain has both claimed and paid reparations in various historical contexts, highlighting the importance of addressing its colonial crimes in India.
- Ensuring accountability and reparations for Britain’s actions in India is essential to redress the historical injustices and profound suffering inflicted during colonial rule.
Reparations are payments made by one side to another to compensate for damage or injury caused. These reparations include hard currency, precious metals, natural resources, industrial assets, and intellectual properties. The legal basis for war reparations in modern international law is established in Article 3 of the Hague Convention of 1907. [1]
A resolution adopted by the U.N. General Assembly in 2005 declared the “right to benefit from remedies and reparation“ for victims of gross human rights violations. This declaration echoed the Rome Statute[2], which established the International Criminal Court in 1998, declaring principles “relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation.” [3]
However, leading Indian voices have generally refrained from making formal reparation claims against Britain. For instance, Shashi Tharoor, a well-known Indian politician, made a compelling case for reparations in his 2015 speech at Oxford[4] by detailing the brutality of British rule in India. Yet, he inexplicably capitulated by declaring that he does not support financial reparations. Instead, Tharoor suggested that a sincere apology would be far more meaningful. He even mentioned that he would be content with receiving one British pound a year for the next 200 years as symbolic reparations.
Rajiv Malhotra, who has done great work for the Hindu cause, also took a similar position on reparation. In his speech in the British Parliament [5], he said this in front of British parliamentarians, whose facial expressions were worth watching, “Let me tell you, Britain will never give even a small amount of money as a symbolic thing and come up with “we are guilty, we are ashamed’ and all that. It’s not going to happen.” He also admonished those Indians who want reparations, “rabble-rousing, over-emotional and bombastic people, just looking for instant populism.”
However, we are letting Britain off the hook far too easily. Britain is provably guilty of heinous crimes against humanity and must be made to reckon with them on the international stage.
Examples of Reparations
While Britain has shown no intention to pay for the enormous damage it did to India, it has never been shy about claiming reparation when its own interests were hurt. In fact, there are numerous examples of reparation, most of them involving Britain and other European countries as claimants or compensators:
- After China lost the Opium War, it was forced to hand over Hong Kong to Britain and pay a substantial sum. [6]
- After World War I, Britain and the Allies demanded reparations from Germany[7], amounting to $33 billion, devastating Germany’s economy. Germany continued to pay these reparations until 2010.
- After World War II, Britain and the Allies again demanded reparations from Germany and other Axis countries, but this time mostly in kind. They dismantled industries, shipped them out, and took coal, other mineral resources, and a share of industrial production. Britain used German war prisoners as forced labor for two years under brutal conditions, resulting in many deaths. Russia and France also received a substantial share of German land. [8]
- Recently, a British MP, Daniel Kawczynski, raised the demand for more reparations from Germany.[9] After the unification of Germany in 1990, the Allies gave up further claims for reparations for WW2. However, the debate has reignited in recent years, especially in Poland and Greece. British MP Daniel Kawczynski, of Polish origin, said he had been stunned to discover that Britain had waived its rights to any reparations following the reunification of Germany in 1990,” he said.
While Britain has shown no intention to pay for the enormous damage it did to India, it has never been shy about claiming reparation when its own interests were hurt. In fact, there are numerous examples of reparation, most of them involving Britain and other European countries as claimants or compensators:
Similarly, there are many examples where Britain and other European Countries were the compensators:
- German reparation for the Holocaust: One of the most well-known examples is Germany compensating Jewish victims of the Holocaust.[10] Germany has paid over $80 billion directly to survivors and the state of Israel. These payments are still ongoing and have recently been extended to include spouses of Holocaust survivors who have already passed away. In 2007, second-generation Holocaust survivors sought compensation from Germany for the cost of psychotherapeutic treatment. “Germany takes all matters related to Holocaust survivors very seriously, ” was the response of the German spokesperson’s response to this case. Additionally, class action suits have been filed against German companies that forced Jews to work for them.
- German Compensation to Namibia’s Herero and Nama Tribes: Germany, during their colonial rule of Namibia from 1895 to 1918, brutally killed 100,000 people from the Herero and Nama tribes who had rebelled. Their descendants filed a class action suit in the U.S., and the court required Germany to engage in pre-trial consultations. Initially, Germany tried to evade the court summons but eventually had to comply. Negotiations between Namibia and Germany resulted in Germany acknowledging the atrocities as genocide, agreeing to pay $1.3 billion, and issuing an apology.[11] However, the tribes were not satisfied, as they had demanded over $400 billion.
- Individual compensation: In 2020, an 83-year-old man from Indonesia, whose father was shot in 1947 in front of his eyes, was paid by a Dutch court Euro 10,000. [12] When his lawyer was asked if the Australian Aborigines could also ask for reparations, she said, “Absolutely.” The article further says: “The right of Indigenous peoples to remedy and reparation for what they have lost and suffered as a result of colonization is enshrined in international law.”
More relevantly, there are examples of Britain in the compensator role as well.
In 2018, a tweet by the treasury handle of British HM shocked many in Britain and its colonies. It was deleted soon after, but the news was out that not the slaves, but their owners were compensated, among them many of today’s prominent families.
After the abolition of slavery, Britain took a loan from Rothschild to compensate the slave owners. This loan of 15 million pounds was repaid only in 2015.[13] This galvanized several organizations into action to find out the money trail and demand reparations for the descendants of slaves. The Caribbean countries formed CARICOM, which pursues this goal, and when Prince William and Kate recently went to Jamaica, they were greeted with protests.
In recent times, the natives of North America have also become more vocal, demanding their land back, starting with Mount Rushmore.[14]
Where could India start?
The prevailing sentiment in Europe, except perhaps in Britain, is shifting towards the belief that treasures in European museums should be returned to their countries of origin. Therefore, starting with the British Museum and the Crown Jewels would make sense.
The former British Prime Minister, David Cameron, was clearly out of touch with modern sensibilities when, in 2010, he responded to a question about returning the Kohinoor by glibly saying, “This is a question I have never been asked before,” and adding, “the British Museum would be empty.”[15] This is akin to a thief saying that returning stolen items would make their own house look bad!
Another important issue involves the ancient manuscripts that were looted, many of them by missionaries. India needs to identify which texts are held in university libraries abroad and determine which are unique and not available in India. These texts need to be returned. However, this may be a vain hope, as manuscripts are easy to conceal or destroy if those who benefited from the loot wish to keep them hidden.
Another obvious injustice that could easily be addressed is giving a fair share to India, of what Britain received in reparations from Germany for both World Wars. India contributed significantly, supplying vast amounts of goods, guns, and animals for Britain’s wars and millions of soldiers, 150,000 of whom sacrificed their lives for a war that had nothing to do with them. India not only deserves a memorial for its soldiers in England but also its rightful financial share.
Next, tribes that were unjustly declared criminal at birth[16], along with other groups such as weavers and the descendants of the Jallianwala Bagh massacre and the 1943 Bengal famine, could file class action suits against Britain, similar to the two tribes from Namibia.
Yet most important of all, the bankers and merchants like Rothschild, along with the company directors who lived like kings, were primarily responsible for the massive suffering of the Indian masses. Shouldn’t they, or their families, be forced to pay back what they looted?
According to Wikipedia, Britain’s gold reserves increased from 160 tons in 1870 to 2,543 tons in 1950[17], despite sending many tons of gold to America during World War II to acquire weapons and 250 tons to Canada.
Incidentally, the Bank of England, owned by Rothschild, dealt with the “Council Bills” mentioned by Prof. Utsa Patnaik. This meant it received real gold or forex in exchange for paper with a Rupee amount written on it, which was redeemed by Indian taxpayers. Imagine the scale of the loot! NM Rothschild & Sons mainly determined the gold price from 1810 until 2004.
Research needs to be conducted to determine how much Indian gold and other valuables were sent to England and how the big banking families profited. For example, a single shipment of 800,000 pounds of gold (363 tons) appropriated by Nathan Rothschild in 1814 is worth over 20 billion dollars today.
EIC’s Indian Ownership: An Ironic Turn of Events
The East India Company had remained dormant for many years, existing only in memories and history books. However, history came full circle when some fifteen years ago, a British-Indian businessman, Sanjeev Mehta, bought the East India Company. [18] It was a surprising development, as no one would have expected an Indian person to trade under a name that evoked terrible memories in India and other former colonies.
However, Sanjeev Mehta, who is well aware of the East India Company’s role in India’s enslavement, holds the reprinting rights to all records and library materials, which might prove immensely beneficial. A thorough investigation into what was looted, who profited, and where the wealth ended up may now be feasible, exposing the families, many of whom remain insanely wealthy today and who, driven by greed and without any pangs of conscience, humiliated, enslaved, tormented, starved, and killed others. They could be put in the crosshairs for reparation for their past crimes.
Summary
Part 1 of this article covered the gamut of Britain’s high crimes in India, detailing the severe exploitation, economic drain, and cultural suppression inflicted during colonial rule. Now, Britain must be held accountable for these atrocities, a stance supported by established international laws and numerous historical precedents. Despite compelling calls for reparations from figures like Shashi Tharoor, formal demands have yet to materialize. Historical examples demonstrate that Britain has both claimed and provided reparations, underscoring the need to address its colonial atrocities. Justice requires acknowledging and compensating for the profound suffering inflicted on India.
Citations
[1] Hague Conventions of 1899 and 1907 – Wikipedia; https://en.wikipedia.org/wiki/Hague_Conventions_of_1899_and_1907#Hague_Convention_of_1907
[2] Rome Statute – Wikipedia; https://en.wikipedia.org/wiki/Rome_Statute
[3] Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law | OHCHR; https://www.ohchr.org/en/instruments-mechanisms/instruments/basic-principles-and-guidelines-right-remedy-and-reparation
[4] Shashi Tharoor: Britain owes reparations to India; https://www.youtube.com/watch?v=_S955fkSZd8&t=16s
[5] Rajiv Malhotra’s Lecture at British Parliament on ‘Soft Power Reparations’; (https://www.youtube.com/watch?v=pDvNGAQhSYs&t=27s
[6] China – Opium War, Aftermath, Treaty | Britannica; https://www.britannica.com/place/China/The-first-Opium-War-and-its-aftermath
[7] Reparations summary | Britannica; https://www.britannica.com/summary/reparations#:~:text=After%20World%20War%20I%2C%20reparations%20to%20the%20Allied,the%20Young%20Plan%20and%20was%20canceled%20after%201933
[8] World War II reparations – Wikipedia; https://en.wikipedia.org/wiki/World_War_II_reparations
[9] Shrewsbury’s M.P. calls for Germany to pay $1trillion war reparations to Poland; https://www.shropshirestar.com/news/politics/2017/10/19/mp-calls-for-germany-to-pay-1trillion-war-reparations-to-poland/
[10] Reparations Agreement between Israel and the Federal Republic of Germany; https://en.wikipedia.org/wiki/Reparations_Agreement_between_Israel_and_the_Federal_Republic_of_Germany
[11] Germany will pay Namibia $1.3bn as it formally recognizes colonial-era genocide; https://www.cnn.com/2021/05/28/africa/germany-recognizes-colonial-genocide-namibia-intl/index.html
[12] The Netherlands will pay reparations to Indonesian victims of colonial atrocities. Could the U.K. do the same? https://www.abc.net.au/news/2020-04-26/netherlands-pay-reparations-indonesia-colonial-violence-1940s/12114892
[13] Britain’s Slave Owner Compensation Loan, reparations and tax havenry – Tax Justice Network; https://taxjustice.net/2020/06/09/slavery-compensation-uk-questions/
[14] North America’s Native nations reassert their sovereignty: ‘We are here’ (nationalgeographic.com); https://www.nationalgeographic.com/magazine/article/north-americas-native-nations-reassert-their-sovereignty-feature
[15] Koh-i-Noor diamond ‘staying put’ in the U.K. says Cameron – BBC News; https://www.bbc.com/news/uk-politics-10802469
[16] Just a moment… (indiankanoon.org); https://indiankanoon.org/doc/17412906/
[17] Gold reserves of the United Kingdom – Wikipedia; https://en.wikipedia.org/wiki/Gold_reserves_of_the_United_Kingdom
[18] A Tale Of Serendipity: Meet The Indian Man Who Reversed History By Buying Company That Colonized India For More Than 200 Years; https://zeenews.india.com/companies/a-tale-of-serendipity-the-indian-man-sanjiv-mehta-who-changed-course-of-history-meet-the-iim-alumnus-who-bought-company-that-colonized-india-for-more-than-200-years-2640316.html
