Take Action for Teesta Setalvad
Your Excellency,
On 16 June 2016, the Indian Ministry of Home Affairs (MHA) issued a notice to cancel the registration of Sabrang Trust under the Foreign Contributions Regulation Act (FCRA). This follows previous incidents of judicial harassment against Sabrang Trust and its founder, human rights defender Ms Teesta Setalvad.
Teesta Setalvad is a journalist and the Founder of Sabrang Trust and Citizens for Justice and Peace (CJP). Sabrang Trust was established in 1992-1993 following communal violence in Mumbai. Teesta Setalvad runs the organisation alongside her husband and human rights defender Mr Javed Anand. The organisation publishes the monthly 'Communalism Combat' magazine campaigning against religious intolerance and communal violence. They also operate a secular education program in Mumbai. Both human rights defenders have been instrumental in bringing about over a hundred convictions in cases related to the 2002 Gujarat violence. The month-long outbreak of violence led to the killing, according to official estimates, of at least 1044 people, mostly Muslims, and the rape of a significant number of women and girls. The activists have sought the prosecution of several Gujarat and central government officials and politicians, including the then-Chief Minister Narendra Modi, for their alleged complicity in the violence.
On 16 June 2016, the Indian Ministry of Home Affairs (MHA) issued a final cancellation notice to Sabrang Trust. This means that the organisation would no longer be permitted to receive foreign funding. According to Gujarat's Minister of State, Mr Rajnikant Patel, the state government contacted the Home Minister requesting an inquiry into Sabrang Trust, on the basis of their belief that foreign funds had been sent to the organisation, including by the US-based Ford Foundation. The MHA found that the funds were misused in order “to create communal disharmony” in the state of Gujarat, and to spread “anti-national propaganda” abroad. The human rights defenders are currently in the process of submitting an appeal against these accusations.
This is not the first time that the registration of the organisation has been in doubt. On 9 September 2015, Sabrang Trust received a suspension notice from the Foreign Contributions Regulation Act (FCRA), suspending their FCRA registration for 180 days. Registration under the FCRA is mandatory for NGOs in India that receive foreign funding. In 2015 the Indian government began to withdraw the registrations of human rights organisations under the FCRA, permanently cancelling a significant number of them. This was possible due to the vague wording of the act that left it open to abuse. The FCRA has, therefore, been used as a political tool to suppress dissent and harass human rights organisations critical of government views and actions.
This incident comes in the context of broader judicial proceedings against Teesta Setalvad and her spouse and human rights defender Mr Javed Anand, based on charges of alleged embezzlement of funds intended for the construction of a memorial to the victims of the 2002 Gujarat riots. On 11 August 2015, the Bombay High Court granted anticipatory bail to both human rights defenders, after the Indian MHA decided on 26 June 2015, that an investigation would be carried forward by the Central Bureau of Investigation (CBI) as a criminal case. The investigation began in January 2014, and has resulted in the continuous harassment and systematic probes into the accounts of Sabrang Trust along with groundless accusations of non-cooperation. Furthermore, in July 2015, Teesta Setalvad had a travel ban imposed against her and her home and office were raided by the CBI.
Earlier this month on 1 June 2016, another human rights organisation, Lawyers Collective, had its registration suspended for six months by the Ministry of Home Affairs (MHA) of India under the Foreign Contribution Regulation Act (FCRA) accusing it and its founders, Ms Indira Jaising and Mr Anand Grover, of violating FCRA regulations.
I express my concern for the pattern of harassment against such organisations since 2015, most recently for the cancellation of the registration of Sabrang Trust and the continued harassment against its founder Teesta Setalvad and her husband Javed Anand, as believe these incidents to be an attempt to repress their legitimate work in the defence of human rights.
I urge the authorities in India to:
1. Immediately reverse the cancellation of the registration of Sabrang Trust and cease all harassment of the organisation as it is believed that it has been targeted solely as a result of its legitimate human rights activities;
2. Immediately drop all charges against Teesta Setalvad and Javed Anand and cease all further harassment of Sabrang Trust and its founders;
3. Guarantee in all circumstances that all human rights defenders in India are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
Sincerely,
