Safeguard Rights Of Human Rights Activists, NGOs : UN Human Rights Commissioner Appeals To India Govt
The Ministry of External Affairs responded by saying that violations of law cannot be condoned on the pretext of human rights.
"India has long had a strong civil society, which has been
at the forefront of groundbreaking human rights advocacy within the country and
globally", the High Commissioner said. "But I am concerned that vaguely defined laws are increasingly being
used to stifle these voices".
Bachelet cited as worrying the use of the Foreign Contribution
Regulation Act (FCRA), which a number of UN human rights bodies have also
expressed concern is “vaguely worded and overbroad in its objective. The
Act prohibits the receipt of foreign funds “for any activities prejudicial to
the public interest”
"The FCRA has been invoked over the years to justify an
array of highly intrusive measures, ranging from official raids on NGO offices
and freezing of bank accounts, to suspension or cancellation of registration,
including of civil society organizations that have engaged with Un human rights
bodies," Bachelet said.
“I am concerned that such actions based on the grounds of vaguely
defined ‘public interest’ leave this law open to abuse, and that it is indeed
actually being used to deter or punish NGOs for human rights reporting and
advocacy that the authorities perceive as critical in nature. Constructive
criticism is the lifeblood of democracy. Even if the authorities find it
uncomfortable, it should never be criminalized or outlawed in this way”
“I urge the Government to ensure that no one else is detained for
exercising their rights to freedom of expression and peaceful assembly – and to
do its utmost, in law and policy, to protect India’s robust civil society,” the
High Commissioner said.“I also urge the authorities to carefully review the
FCRA for its compliance with international human rights standards and to
release people charged under the Unlawful Activities Prevention Act for simply
exercising basic human rights that India is obligated to protect.”
Responding to the concerns expressed by the United Nations High
Commissioner for Human Rights, the Ministry of External Affairs on Tuesday said
that violations of law "cannot be condoned under the pretext of human
rights". Foreign ministry spokesperson Anurag Srivastava said he expected
a more nuanced view on the matter from a UN body.
"We have seen some comments by the UN High Commissioner for Human Rights on an issue relating to the Foreign Contribution Regulation Act (FCRA)," Srivastava said in a statement." India is a democratic polity based on the rule of law and an independent judiciary. The framing of laws is obviously a sovereign prerogative. Violations of law, however, cannot be condoned under the pretext of human rights. A more informed view of the matter was expected of a UN body".
Response by Ministry of External Affairs (Government of India)
https://www.livelaw.in/news-updates/safeguard-rights-of-human-rights-activists-ngos-un-human-rights-commissioner-appeals-to-india-govt-164758
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Author: Pavel
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