Home ministry is deliberately targeting us: Indira Jaising on FCRA row

In the wake of explosive allegations from the Union ministry of home affairs that Lawyers Collective, the well-known human rights NGO run by senior lawyer and Supreme Court advocate Indira Jaising and her partner (also a Supreme Court advocate) Anand Grover, had "violated FCRA regulations" and (unlawfully leaked) reports circulating in the media on the same, the organisation has issued a written statement denying all the allegations and claiming it sees in the report a "deliberate and sustained effort to target and vilify" them.

Highlights from the statement:

1. No laws violated

While the MHA report found "glaring violations" in the manner in which the legal NGO "used the foreign donations" received by it, Lawyers Collective has categorically said it has not violated a single law of the land.

2. No 'show cause notice' served

In addition, Lawyers Collective also states that no show cause notice has been received by the organisation, despite media reports claiming that the NGO has served the same. "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."

3. No misuse of funds

Lawyers Collective says the allegations that foreign funds were used in ways that are in contravention of the FCRA is an absolutely baseless charge intended to vitiate the atmosphere against LC.

4. No unlawful 'lobbying' of MPs and MLAs

Lawyers Collective says MHA's understanding "lobbying" is completely wrong. "Supporting people living with HIV with food and water, as they stand in the sun demanding protection of their rights is neither political nor illegal, as alleged. Nor is organising and participating in conferences, which is one of the stated objectives of the organisation."       

5. MHA violated law by leaking confidential information to the press

Lawyers Collective says it in fact the ministry of home affairs that is in violation of the FCRA since it has leaked information from audit/inspection to sections of the media, thereby making absolutely private information available in the public domain and "creating prejudice and hostility against [the organisation]".

Statement by the Lawyers Collective on allegations of violating the Foreign Contribution (Regulation) Act, 2010

March 10, 2016

1. 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.

2. 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.  

3. 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.   

4. 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.

5. 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.  

6. 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."  

7. 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.  

8. 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 to create prejudice and hostility against the LC, even before the legal procedure for inquiry has concluded.  

9. In the last one year, the MHA has cancelled FCRA registration of over 15, 000 NGOs in the country. None of their accounts/details were made public, with the exception of Green Peace India and Sabrang Trust and Citizens for Justice and Peace and now, LC. This deliberate and selective disclosure, contrary to the law, speaks volumes about the real motive and intent behind the entire exercise.

10. LC plainly refutes allegations of violations of FCRA and misuse of funds. The foreign contribution received by LC has been used only for the purposes for which the money was received and in line with FCRA and the Rules thereunder. Our accounts are available in the public domain and can be accessed by anyone who wishes to do so.   

11. The accusation of paying volunteers to hold dharnas is absolutely misconstrued and baseless. There is no bar in the FCRA on supporting community mobilisation or dharnas, which are the very heart of a democratic society. Supporting people living with HIV with food and water, as they stand in the sun demanding protection of their rights is neither political nor illegal, as alleged. Nor is organising and participating in conferences, which is one of the stated objectives of the organisation.      

12. It has been alleged that LC received foreign contribution during 2009-2014 when its trustee, Ms Indira Jaising served as the Additional Solicitor General and that this amounts to a violation of FCRA. It is clarified that Ms. Jaising was not a "government servant or employee" as stipulated in section 3 of the FCRA. This is reconfirmed by the fact that the present Attorney General of India has sought and obtained permission to appear in the Supreme Court of India for private parties including the liquor lobby, which he could never have done if he was a government servant or employee as contemplated in law.   

13. LC states that it engages in sensitisation and advocacy with stakeholders including Members of Parliament ("MPs") on the need for protection of rights of people living with HIV and other vulnerable groups. Interacting with MPs to make them aware of people's needs and concerns is a perfectly legitimate and constitutional activity. It does not amount to "lobbying". Section 3 of the FCRA prohibits a "member of any legislature" and "political party" from receiving foreign contribution. LC's activities do not fall under any of those categories.    

14. It is no exaggeration to say that this is a deliberate and sustained effort to target and vilify LC and its chief functionaries, who are known for their commitment to human rights and liberal values, in the eyes of the public. For over three decades, LC has taken up issues of human rights and justice that are often unpopular with, or disliked by the political establishment of the day. It is no coincidence that in recent times, the founding trustees of LC - Ms Indira Jaising and Mr Anand Grover, in the course of their professional duties as lawyers, have defended cases of Priya Pillai (Greenpeace India), Teesta Setalvad and Yakub Memon that have caused discomfort to many in the current establishment. Ms Jaising also recently represented Sanjiv Bhatt, the IPS officer from Gujarat demanding an independent investigation by SIT into false and frivolous FIRs lodged against him in the State of Gujarat. There is no doubt that attempts to hound and malign LC is part of the larger clampdown on civil society voices that seek to preserve and protect shrinking democratic spaces in India and zealously guard civil liberties including the right to dissent.   

15. While LC will assist and cooperate with the authorities in implementing the FCRA, it will resist and respond to any unfair and unlawful acts to malign the organisation and its functionaries, who remain committed to advancing justice through constitutional means.