Amnesty says Indian government using FCRA to go after NGOs

Activists protest that Indira Jaising and Anand Grover’s Lawyers Collective is being

WrittenBy:Aratrika Halder
Date:
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Last year, the Narendra Modi-led  government went on a spree of cancelling licenses of non-governmental organisations that operated in India, citing violations of the Foreign Contributions (Regulation) Act (FCRA). More than 12,000 NGOs came under the scanner, with many losing their license and some getting suspended. Unsurprisingly, foreign funding for NGOs has since come down. As this Newslaundry report explained, the data shows that foreign contributions came down from Rs 13,115 crore in 2013-14 to Rs 8,756  crore in 2014-15.

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This year, it’s been quiet on the FCRA front for the first half, but last week all that changed with Lawyers Collective, run by Supreme Court lawyers and activists Indira Jaising and Anand Grover, was hauled up for irregularities. The Ministry of Home Affairs has suspended the organisation for six months, citing that Lawyers Collective has violated FCRA norms by receiving foreign funds while working as a government servant. The notice said ,“Ms Indira Jaising, despite holding such position not only accepted Rs 96 lakh from the corpus of foreign contribution but also travelled abroad… without any intimation to or approval under the provisions of FCRA 2010.”

Jaising described the Ministry’s order as “vindictive” and said that the suspension had more to do with the list of clients Jaising and Grover managed than any actual violation. Their clients includes names that have been thorns in the present administration’s side, such as Greenpeace India’s Priya Pillai and former IPS officer Sanjiv Bhatt. Greenpeace was accused of violating the various provisions of FCRA last year and was one of the more high-profile cancellations.

In a statement released by 36 prominent civil rights organisations and institutions, as well as prominent activists, social workers and individuals, the MHA’s decision was roundly criticised and the work Jaising and Grover have done over the years was emphasized. “Indira Jaising, has made an unparalleled contribution to law and jurisprudence on gender discrimination, whether relating to women’s right to property, sexual harassment at the workplace or domestic violence,” read this statement. “She has also been a member of the CEDAW Committee. Anand Grover held the mandate of the UN Special Rapporteur on Right to Health between 2008 to 2014. He has made a tremendous contribution to the legal campaign against the criminalisation of homosexuality; rights of persons living with HIV; and access to medicine and healthcare. Jaising and Grover, through the LC have and continue to advance the rights of the most vulnerable and marginalised sections of society, thereby upholding constitutional values. Instead of recognising their invaluable contribution to the country and its people, the government is making all efforts to obstruct their work.”

Amnesty International’s executive director Aakar Patel, also voiced his disappointment with the MHA’s decision. “There is no doubt that the government is being vindictive,” said Patel in a statement. “Lawyers Collective is being targeted because its office-bearers have taken on the government in a range of cases. The FCRA allegations are clearly a pretext to silence these dissenting voices,”.

In Amnesty’s statement in support of Lawyers Collective, Patel pointed out that the organisation is known and respected for its pioneering work on violence against women, queer rights and the right to health. “Laws like the FCRA should not be used to obstruct organizations from receiving foreign funding for legitimate work,” wrote Patel. “Civil society organisations in India must not have to bear more restrictions than other entities, such as private companies, which also receive foreign funding.”

The author can be contacted on Twitter @AratrikaH

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