Delhi High Court rules against Indian government in foreign funds block case
Foreign funds belonging to Greenpeace India that were controversially frozen by the Indian government were unblocked by the Delhi High Court on January 20, as a judge ruled the freeze arbitrary, illegal and unconstitutional.
In a decision hailed by Greenpeace as a victory for democracy, free speech and the role of NGOs in a free society, the Court ruled that the funds, frozen by the Indian Ministry of Home Affairs (MHA) last year and totaling €235,000, must now be credited to Greenpeace India's Foreign Contribution Regulation Act account and that Greenpeace India will have access to the money.
“This is a vindication of our work and the role that credible NGOs play in support of India’s development. The court has deemed the government’s action as unconstitutional and has upheld the legitimacy of the issues Greenpeace takes up in India,” said Samit Aich, Executive Director of Greenpeace India.
In June 2014, the Indian government barred Greenpeace India from receiving foreign funds from Greenpeace International and Climate Works Foundation. In the months since, the organisation has seen travel restrictions imposed on its personnel in moves widely seen as the beginning of a clampdown on NGOs.
The High Court observed that the Ministry of Home Affairs had stated in its reply that Greenpeace India can have access to all other foreign funds except those from Greenpeace International as Greenpeace International has been put on a watch-list. However, it was observed that no material was put on record against Greenpeace International.
“The Court’s decision has come at a crucial time when sections of the government seem determined on harassing us and other NGOs. We are glad that the court ruled that the government’s actions were malafide and had absolutely no basis in law. This is a strong signal from the judiciary that the government must cease its campaign of harassment of civil society,” said Mr Aich.
The court also observed that NGOs are entitled to have their viewpoint and merely because their views are not in line with that of the government’s, it does not mean that the NGO is acting against national interest.
The court’s ruling comes soon after Greenpeace India campaigner Priya Pillai was prevented from boarding her flight to London on January 11. She was on her way to address British parliamentarians about the legal and human rights violations in Mahan, where London-registered Essar Energy hopes to build a coal mine. Besides Pillai, other activists working in Mahan have also been illegally arrested and harassed. The local community is protesting the threat to their forests and livelihoods posed by coal mining.
“Greenpeace India fights for very Indian values – empowered communities and a healthy living environment for the next generation. Greenpeace India is predominantly funded by Indians, run by Indians and focuses on environmental problems in India. Our campaigns are clearly in the national interest and have been challenging powerful corporate and political vested interests. And that is why attempts are being made to silence us,” said Aich.
With a new government in place, India stands at a crucial juncture and holds a lot of promise. “At this point in time, India needs to rethink its development parameters and adopt a model that is more equitable and environmentally sustainable,” he said.
Aich called upon the government to work in tandem with the civil society and not feel threatened by it. It is only through cooperation with the civil society that the government can achieve its mandate of ‘Sabka Saath Sabka Vikas’ Prime Minister Nahendra Modi’s election slogan on inclusive growth for all Indians.
Source: Greenpeace International
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