Harassment and restrictions to freedom of association of Indira Jaising and Anand Grover, founders of Lawyers Collective

IND 002 / 0616 / OBS046

Harassment /

Restrictionsto freedom of association /

Restrictionsto funding
India
June 8, 2016

The Observatory for the Protection of Human Rights Defenders, a joint programmeof the World Organisation Against Torture (OMCT) and the InternationalFederation for Human Rights (FIDH), requests your urgent intervention in thefollowing situation in India.

Description of thesituation:

The Observatory has been informed by reliable sourcesabout the harassment and restrictions to freedom of association of Ms. Indira Jaising and Mr. AnandGrover, lawyers and founders of the Indian NGO Lawyers Collective (LC).Both Ms. Jaising and Mr. Grover are internationally renowned human rightprofessionals who have been engaging with the United Nations (UN) system, Ms.Jaising being appointed as former member of the UN Committee against Every formof Discrimination Against Women (CEDAW) and Mr. Grover as former UN SpecialRapporteur on the Right to Health. LC is a prominent public interest serviceprovider in India with an established record of setting high standardsin human rights advocacy, legal aid and litigation.

According to the information received, on June3, 2016, the Ministry of Home Affairs suspended the Foreign ContributionRegulation Act (FCRA) registration of LC. In addition, the Ministry of HomeAffairs leaked the suspension notice to the press before LC received a copy ofit. This suspension of the FCRA’s registration is based on the allegations thatLC, in particular Ms. Jaising and Mr. Grover, violated the FCRAregulations.

These allegations include as violations of theFCRA regulations: a) the remunerations paid by LC to Ms. Jaising for servicesprovided by her while she was also serving as a government servant (as theAdditional Solicitor General of India); b) the reimbursement of expenses fortelephone and internet incurred by Mr. Grover while he was serving as the UNSpecial Rapporteur on the Right to Health; c) and that LC has used funds it hasreceived through the FCRA to organise dharnas[1] and rallies.Lawyers Collective has denied all the aforementioned allegations.

TheObservatory fears that this harassment against LC, Ms. Jaising and Mr. Groveris a consequence of their human rights work as legal representatives within theframework of some specific cases, such as the legal challenge of the dischargeof Mr. Amit Shah (the BJP National President)[2],the representation of Ms. Priya Pillai, who criticised the Central Government’sactions[3],as well as the representation of Mr. Yakub Memon, who challenged his deathsentence before the Supreme Court.

TheObservatory expresses its deepest concern for the harassment and restriction tofreedom
of association and access to funding suffered by LC, and calls upon the Indianauthorities to
immediately and unconditionally lift the suspension of LC’s registration, inorder to allow such prominent organisation to carry out its legitimate humanrights work.

Actions Requested:

Please write to the authorities in India, urging them to:

i. Lift immediately and unconditionallythe suspension of Lawyers Collective’s registration, as it only seems to beaimed at sanctioning its legitimate human rights activities;

ii. Put an end to all acts of harassment- including at the judicial level - against Lawyers Collective and Ms. Indira Jaising and Mr.Anand Grover, as well as against all human rights defenders inIndia so that they are able to carry out their work without hindrances;

iii. Conform with the provisions of the UNDeclaration on Human Rights Defenders, adopted by the General Assembly of theUnited Nations on December 9, 1998, especially:

- Article1, which states that “everyone has the right, individually and in associationwith others, to promote and to strive for the protection and realisation ofhuman rights and fundamental freedoms at the national and internationallevels”; and

- Article12.2, which provides that “"the State shall take all necessary measures toensure the protection by the competent authorities of everyone, individuallyand in association with others, against any violence, threats, retaliation, defacto or de jure adverse discrimination, pressure or any otherarbitrary action as a consequence of his or her legitimate exercise of the rightsreferred to in the present Declaration”; and

iv. More generally, ensure in allcircumstances the respect for human rights and fundamental freedoms inaccordance with the Universal Declaration of Human Rights and withinternational and regional human rights instruments ratified by India.

Addresses:

· Mr. Shri Nanredra Damodardas Modi, Prime Minister of India, Prime Minister’s Office, Room number 152,South Block, New Delhi, India. Fax: + 91 11 2301 6857. E-mail: pmosb@pmo.nic.in / manmo@sansad.in

· Mr. Raj Nath Singh, Union Ministerof Home Affairs, Ministry of Home Affairs, 104-107 North Block, NewDelhi 110 001 India, Fax: +91 11 2309 2979. Email: dirfcra-mha@gov.in

· Justice Rajendra Mal Lodha, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi-1, India. Fax: +91 11 233 83792, Email: supremecourt@nic.in

· Justice K. G. Balakrishnan,Chairperson of the National Human Rights Commission of India, Manav Adhikar Bhawan Block-C, GPO Complex,INA, New Delhi - 110023, India. Fax +91 11 2465 1329. Email: covdnhrc@nic.in; ionhrc@nic.in

· Mr. A. K. Parashar, Focal Point on Human Rights Defenders, NationalHuman Rights Commission, Faridkot House, Copernicus Marg, New Delhi 110 001,India. Email: hrd-nhrc@nic.in

· H.E. Mr. Dilip Sinha, Ambassador, Permanent Mission of India to theUnited Nations (Geneva), Rue du Valais 9, 1202 Geneva, Switzerland. Fax: +41 22906 86 96, Email: mission.india@ties.itu.int

· Embassy of India in Brussels, 217 Chaussée deVleurgat, 1050 Brussels, Belgium, Fax: +32 2 6489638 / +32 2 6451869

Pleasealso write to the diplomatic mission or embassy of India in your respectivecountry.

[1] A form of peacefuldemonstration, consisting in sitting and fasting at the doorstep of an offenderuntil death or the demand is granted.

[2] Mr. Amit Shah wasan accused in a case known as the « fake encounter case ». This caseis associated with the killing ofSohrabuddin Sheikh, his wife Kausar Bi and Tulsiram Prajapati in Gujarat.

[3] Ms. Pillai is a Greenpeace activist who was stopped at theDelhi airport from boarding a flight to London where she was planning to attenda conference on land rights violations criticising Government'spolicies on allowing corporations to acquire and mine lands belonging tofarmers and others inthe Manhan Coal place area of the Indian state, Madhya Pradesh.