Indira Jaising’s 'Lawyers Collective' barred from receiving Foreign Funds

Union Home Ministry has suspended noted NGO Lawyers Collective's licence to receive foreign funds for Six months. Lawyers Collective is a Public Interest Service Organisation founded by activist lawyer Indira Jaising. The Home Ministry had earlier issued a Foreign Contribution Regulation Act (FRCA) violation notice against the NGO last year. The Home Ministry also directed the NGO to submit its reply within 30 days.Her husband and well known senior lawyer Anand Grover, also a trustee of LC had earlier denied the charges and termed the allegations as “motivated and mischievous”Commenting on the new development another Activist Lawyer Vrinda Grover said " Indira Jaising and Anand Grover, are being targeted for their fearless legal representation and advocacy of human rights. Human rights lawyering will continue and state abuse of power will be challenged. FCRA legal manipulations will not silence human rights lawyers".It pertained to foreign contribution received by Lawyers Collective between 2006-07 and 2013-14 by Lawyers Collective when Jaising functioned as Additional Solicitor General and the Home Ministry reportedly found discrepancy in the filing of annual returns of the NGO. Jaising is currently representing Gujarat-based social activist Teesta Setalvad in a foreign fund violation case against the latter’s Sabrang Trust and Citizens for Justice and Peace.The Lawyers Collective(LC) had earlier released a statement against the notice of Ministry of Home Affairs alleging the violation of Foreign Contribution Regulation Act(FCRA).Here is the full text of the statement:"The Lawyers Collective (LC) expresses its anger and outrage at reports of alleged violations of the Foreign Contribution (Regulation) Act, 2010 (FCRA) made by the Ministry of Home Affairs (MHA) and circulated by sections of the press and denies the same. LC is a society and public trust registered under the law. LC was founded in 1981, “to protect the democratic rights of citizens guaranteed in the Constitution of India; to provide legal aid and advice; to convene seminars/discussions on legal issues and to campaign for law reforms, which will protect and extend the democratic and civil rights of the people.” Over the last 35 years, LC has been carrying on its activities within the constitutional and legal framework as well as in accordance with the aims and objects stated in its Memorandum of Association. The impact of LC’s work has been tremendous and is recognised the world over, whether in drafting and monitoring the implementation of the Protection of Women from Domestic Violence Act, 2005 or in challenging discrimination against people living with HIV through cases like MX vs. ZY (Bombay High Court, 1997). LC’s legal team has been at the forefront of the battle against section 377, IPC that criminalises same-sex relations, the recognition of transgender identity and rights, as well as ensuring affordable medicines by preserving public health safeguards under section 3(d) the Patents Act, 1970, amongst others. LC has also worked extensively with various Government departments, both at the Centre and in the States on laws, policies and programmes that protect Fundamental Rights and advance the Directive Principles of State Policy, as enshrined in the Indian Constitution. LC has been registered with the MHA for receiving foreign contribution since November 2000 and has been complying with the provisions of the FCRA through reporting, submission and maintenance of accounts. LC states that no notice under FCRA, whatsoever, has been issued to LC, either by MHA or any other Ministry. What it has received till date is a standard questionnaire dated 5th November, 2015, an intimation for inspection of accounts dated 12th January, 2016 and observations/findings of the inspection team dated 29th February, 2016. Nonetheless, sections of the press have been reporting that LC has been served “show cause” notice for violating the FCRA. These reports first appeared in November 2015 and continue to be published till date. In its reply dated 11th December 2015, the MHA itself clarified that “… no show cause notice as mentioned in your letter dated 05.12.2015 has been issued to Lawyers Collective by this Ministry till date and this Ministry categorically denies its involvement and responsibility to the news item published.” LC has fully cooperated with the MHA in providing information sought and in having our books of accounts examined by the inspection team deputed under the FCRA. We are in the process of replying to the observations made by the inspection team, which are totally unsustainable, both in fact and law, within the stipulated period of 30 days. While LC believes in the legal process, it appears that the authorities do not. Contrary to provisions under the FCRA that require information from audit/inspection to be kept confidential, certain officers at the MHA are going out of their way to leak observations of the inspection team, in order...

Indira Jaising’s 'Lawyers Collective' barred from receiving Foreign Funds

M.A.Rashid

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