Greenpeace, the environmental group, won an important victory in India on Tuesday, as the Delhi High Court ordered the government of Narendra Modi, prime minister, to release Rs18m in foreign contributions to its Indian branch.
In June, New Delhi blocked incoming foreign contributions to Greenpeace India, just after a leaked intelligence bureau report accused the group, and a clutch of other non-governmental organisations, of stalling India’s growth by fomenting dissent to large industrial projects.
However, Greenpeace appealed the government action. Justice Rajiv Shakdher ruled that the blocking of the funds was arbitrary, illegal and unconstitutional, as authorities had never notified Greenpeace that money would be frozen, or provided a clear explanation for the move.
In his ruling, Justice Shakdher also noted that non-governmental organisations were entitled to have their own viewpoints, and just because they may oppose some government policies did not make them antinational.
Speaking after the ruling, Sanjay Parikh, the New Delhi-based lawyer who represented Greenpeace India, told the Financial Times the judgment was an affirmation of the fundamental rights of civil society groups.
“This is very very important,” he said. “It ultimately reaffirms faith in democracy and constitution that NGOs also participate in the developmental process, and that the definition of development is not in one way that the government understands but is in many ways.”
The government did not immediately comment on the ruling.
Greenpeace India, and a number of other non-government organisations including a clutch of Dutch-funded NGOs, have incurred the wrath of New Delhi’s political establishment in recent years by supporting grassroots community groups opposed large-scale industrial projects, including mines and heavy industries, on or near their traditional lands.
In the leaked intelligence bureau report, authorities estimated that NGO activism had cost India an average of 2 to 3 per cent GDP growth a year.
Greenpeace India has been the most obvious target of government ire, after the group’s campaign against a planned coal mine, which they say would destroy the livelihoods of about 50,000 people in the central state of Madhya Pradesh.
Besides freezing overseas funds for Greenpeace India, authorities last week barred one of its campaigners from leaving the country to prevent her from meeting with British parliamentarians to discuss the coal mine.
New Delhi has also issued circulars to discourage India’s banks from opening accounts or processing transactions for a handful of Dutch-funded organisations working on human rights and environmental issues.
Many other charities and social activists are also concerned that the government may also crack down on their flow of foreign funds under new rules that require them to seek government permission to receive contributions every five years.
The verdict will come as a boost to civil society groups. “This is a vindication of our work, and the role that NGOs play in campaigning for sustainable development,” said Samit Aich, Greenpeace India’s executive director. “It’s a strong signal from the judiciary that the government must cease its campaign of harassment against civil society.”
Source: http://www.ft.com/cms/s/0/35533dfa-a0a4-11e4-9aee-00144feab7de.html#axzz3PX1ZqTtU
In June, New Delhi blocked incoming foreign contributions to Greenpeace India, just after a leaked intelligence bureau report accused the group, and a clutch of other non-governmental organisations, of stalling India’s growth by fomenting dissent to large industrial projects.
However, Greenpeace appealed the government action. Justice Rajiv Shakdher ruled that the blocking of the funds was arbitrary, illegal and unconstitutional, as authorities had never notified Greenpeace that money would be frozen, or provided a clear explanation for the move.
In his ruling, Justice Shakdher also noted that non-governmental organisations were entitled to have their own viewpoints, and just because they may oppose some government policies did not make them antinational.
Speaking after the ruling, Sanjay Parikh, the New Delhi-based lawyer who represented Greenpeace India, told the Financial Times the judgment was an affirmation of the fundamental rights of civil society groups.
“This is very very important,” he said. “It ultimately reaffirms faith in democracy and constitution that NGOs also participate in the developmental process, and that the definition of development is not in one way that the government understands but is in many ways.”
The government did not immediately comment on the ruling.
Greenpeace India, and a number of other non-government organisations including a clutch of Dutch-funded NGOs, have incurred the wrath of New Delhi’s political establishment in recent years by supporting grassroots community groups opposed large-scale industrial projects, including mines and heavy industries, on or near their traditional lands.
In the leaked intelligence bureau report, authorities estimated that NGO activism had cost India an average of 2 to 3 per cent GDP growth a year.
Greenpeace India has been the most obvious target of government ire, after the group’s campaign against a planned coal mine, which they say would destroy the livelihoods of about 50,000 people in the central state of Madhya Pradesh.
Besides freezing overseas funds for Greenpeace India, authorities last week barred one of its campaigners from leaving the country to prevent her from meeting with British parliamentarians to discuss the coal mine.
New Delhi has also issued circulars to discourage India’s banks from opening accounts or processing transactions for a handful of Dutch-funded organisations working on human rights and environmental issues.
Many other charities and social activists are also concerned that the government may also crack down on their flow of foreign funds under new rules that require them to seek government permission to receive contributions every five years.
The verdict will come as a boost to civil society groups. “This is a vindication of our work, and the role that NGOs play in campaigning for sustainable development,” said Samit Aich, Greenpeace India’s executive director. “It’s a strong signal from the judiciary that the government must cease its campaign of harassment against civil society.”
Source: http://www.ft.com/cms/s/0/35533dfa-a0a4-11e4-9aee-00144feab7de.html#axzz3PX1ZqTtU
