Cancellation of registration of Lawyers Collective
On 7 December 2016, human rights organisation Lawyers Collective (LC) issued a public statement challenging the cancellation of its registration to receive foreign contribution under Foreign Contribution Regulation Act (FCRA).
Since its establishment in 1981 the Lawyers Collective has been actively involved in human rights litigation and advocacy for the rights of the most vulnerable and marginalised members of Indian society, such as women, children and workers from the informal sectors of the economy. Indira Jaising and Anand Grover, the founders, have provided legal assistance to human rights defender Ms Teesta Setalvad in an FCRA violation case against Sabrang Trust and Citizens for Justice and Peace, both of which she runs. Both Indira Jaising and Anand Grover were previously actively engaged with the United Nations (UN) system, serving as a member of the UN Committee on the Elimination of Discrimination against Women and the UN Special Rapporteur on the Right to Health respectively.
On 7 December 2016, human rights organisation Lawyers Collective (LC) issued a public statement challenging the cancellation of its registration to receive foreign contribution under Foreign Contribution Regulation Act (FCRA).
Indira Jaising and Anand Grover are human rights defenders, lawyers and founders of the human rights organisation Lawyers Collective. Since its establishment in 1981 the organisation has been actively involved in human rights litigation and advocacy for the rights of the most vulnerable and marginalised members of Indian society. Both Indira Jaising and Anand Grover were previously actively engaged with the United Nations (UN) system, serving as a member of the UN Committee on the Elimination of Discrimination against Women and the UN Special Rapporteur on the Right to Health respectively.
On 7 December 2016, human rights organisation Lawyers Collective (LC) issued a statement challenging the cancellation of its registration to receive foreign contribution under Foreign Contribution Regulation Act (FCRA), and denied the allegations listed in the cancellation order. The human rights defenders vowed to explore all legal options to challenge the cancellation order. In the statement, the LC also highlighted the irregularity that the cancellation order was supposedly issued on a Sunday, when all government offices are closed.
On 29 November 2016, LC received an order dated 27 November 2016 cancelling its registration to receive foreign contribution under Section 14(1), Foreign Contribution (Regulation) Act, 2010 (FCRA), at its registered office in Mumbai. The cancellation order is on the grounds that Lawyers Collective allegedly violated the terms and conditions of its registration certificate as well as the provisions of the FCRA, and acted against ‘public interest’. As a consequence, the organisation is no longer permitted to accept international funding. The cancellation order follows a suspension of LC’s registration on 1 June 2016.
Registration under the FCRA is mandatory for non-governmental organisations in India that receive foreign funding. In 2015 the Indian government began to withdraw the registrations of human rights organisations under the FCRA, permanently cancelling a significant number of them. This was possible due to the vague wording of the act. The FCRA has, therefore, been used as a political tool to suppress dissent and harass human rights organisations critical of government views and actions. On 8 November 2016, Front Line Defenders issued an appeal on the refusal to renew the registration of the Centre for Promotion of Social Concerns (CPSC), which was also targeted under the FCRA. In April 2016, the UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association reiterated that the ability to access foreign funding is an integral part of the right to freedom of association, and stated that the FCRA restrictions were not in compliance with international law, principles and standards.
Front Line Defenders expresses concern at the cancellation of the registration of Lawyers Collective and accusations made against it as well as its founders Indira Jaising and Anand Grover, which it believes were solely motivated by the peaceful and legitimate work of the human rights organisation and its lawyers. Front Line Defenders urges Indian authorities to retract the cancellation order and to guarantee in all circumstances that all human rights defenders in India are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
On 1 June 2016, the Ministry of Home Affairs (MHA) of India suspended registration of the human rights organisation Lawyers Collective (LC) under the Foreign Contribution Regulation Act (FCRA) for six months, accusing it and its founders, Ms Indira Jaising and Mr Anand Grover, of violating FCRA regulations.
Indira Jaising and Anand Grover are human rights defenders, lawyers and founders of the human rights organisation Lawyers Collective. Since its establishment in 1981 the organisation has been actively involved in human rights litigation and advocacy for the rights of the most vulnerable and marginalised members of Indian society, such as women, children and workers from the informal sectors of the economy. Indira Jaising and Anand Grover have, for example, provided legal assistance to human rights defender Ms Teesta Setalvad in an FCRA violation case against Sabrang Trust and Citizens for Justice and Peace, both of which she runs. Both Indira Jaising and Anand Grover were previously actively engaged with the United Nations (UN) system, serving as a member of the UN Committee on the Elimination of Discrimination against Women and the UN Special Rapporteur on the Right to Health respectively.
On 1 June 2016, the MHA suspended the registration of LC under the FCRA, informing the media about its decision and details of the case, before the human rights organisation received an official notification from the authority and had an opportunity to respond. Indira Jaising believes that the MHA's actions constitute a violation of Section 20 of the FCRA that stipulates rules of confidentiality on any information obtained through inspection of accounts. The current notice became the third in a row since 2 November 2015, when the MHA first sought details of the LC's bank accounts and foreign contributions the organisation had received since its inception.
The suspension of the LC's registration is based on allegations that the organisation, in particular its members Indira Jaising and Anand Grover, have violated FCRA regulations. LC is accused of 1) paying remunerations to Indira Jaising for services provided by her while she was a government servant; 2) reimbursing communication expenses incurred by Anand Grover during his appointment as the UN Special Rapporteur; 3) using foreign funding to organise peaceful protests and rallies, considered as political activities prohibited by the FCRA. LC denies all of the accusations and plans to appeal the MHA's decision in court, asking that the suspension of its registration be revoked. Meanwhile, the human rights organisation has thirty days to explain to the authorities why its registration should not be permanently cancelled.
Registration under the FCRA is mandatory for non-governmental organisations in India that receive foreign funding. In 2015 the Indian government began to withdraw the registrations of human rights organisations under the FCRA, permanently cancelling a significant number of them. This was possible due to the vague wording of the act that left it open to abuse. The FCRA has, therefore, been used as a political tool to suppress dissent and harass human rights organisations critical of government views and actions. In April 2016, the UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association reiterated that the ability to access foreign funding is an integral part of the right to freedom of association, and stated that the FCRA restrictions were not in compliance with international law, principles and standards.
Front Line Defenders expresses grave concern at the suspension of the registration of Lawyers Collective and accusations made against it and its founders Indira Jaising and Anand Grover, which it believes were solely motivated by the peaceful and legitimate work of the human rights organisation and its lawyers.
Front Line Defenders urges the authorities in India to:
1. Revoke the suspension of the registration of the human rights organisation Lawyers Collective under the Foreign Contribution Regulation Act;
2. Immediately cease all further harassment of Lawyers Collective and its founders Indira Jaising and Anand Grover, as Front Line Defenders believes that the accusations were placed against them solely as a result of their legitimate work in defence of human rights;
3. Guarantee in all circumstances that all human rights defenders in India are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
