INDIA: Human rights activists and organisations allegedly harassed and prevented from functioning by the District Magistrate of Leh in Jammu and Kashmir

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that several non-governmental organisations (NGOs) and human rights activists in Leh district of Jammu and Kashmir are allegedly harassed by the District Magistrate of Leh Mr. M. K. Dwivedi. It is alleged that the Magistrate has issued arbitrary orders forcing the closure of some NGOs and even the public use of the materials produced by these organisations. It is alleged that the orders issued by the magistrate are baseless and ill-founded, arbitrary and in violation of all basic principles of natural justice and without any basis in law. 

CASE DETAILS:

Leh is a hill station district forming part of Ladakh along with Kargil in the state of Jammu and Kashmir. The district administration is headed by the Deputy Commissioner/District Magistrate Mr. M. K. Dwivedi, an officer from the Indian Administrative Service. On 4 April 2006 the District Magistrate issued an order directing all NGOs operating in Leh to furnish accounts showing funding and spending details, a list detailing the persons directly and indirectly connected with the organisations and a regular monthly report to the office of the District Magistrate. The order mentions that the basis of the order is upon the intelligence report received by the District Magistrate “from various sources”. The order threatens that there would be raids at the registered office of those organisations who fail to comply with the order. A copy of the order was communicated to several offices within the state administration including local police.

A consortium of non-governmental organisations in Leh, the Ladakh Voluntary Network (LVN) wrote back to the Elected Chairperson of the Ladakh Autonomous Hill Development Council of which the DM is the CEO that they appreciate open accountability regarding financial transactions of the NGOs. They also submitted the annual reports and audited statement of accounts of 3 years, of each organisation to the District Magistrate. However, the LVN wrote a separate letter to the Magistrate on 30 May 2006 expressing anguish in the tone in the Magistrate’s order, about conducting raids in particular. The letter also detailed the procedure to register a NGO and also the procedures laid down by the Reserve Bank of India for dealing with foreign contributions by NGOs. This was a subtle indication to the Magistrate that the order of the Magistrate is beyond his official power.

The LVN also informed the Magistrate that the central government, through the Ministry of Home Affairs monitors the functioning of the NGOs in the region, particularly due to its proximity to neighbouring countries and also due to the strategic importance of the region. The LVN also informed the Magistrate that his direction for submitting monthly reports is far fetched and is impractical and hence is declined by the LVN.

Mr. Padma Tashi is the Chairperson of the LVN. He is also the head of a local organisation, the Rural Development & You (RDY). The District Magistrate’s reaction to the letter issued by the LVN chaired by Tashi was to withdraw the ‘Non-Political Certificate’ issued to RDY and to ‘blacklist’ the organisation. The Magistrate in his order dated 25 July 2006 also directed that RDY can no more organise any public activities. The order also asks the police to keep a close watch of the organisation.

The officer did not however stop with RDY. His next target was Ladakh Environment and Health Organisation (LEHO) against which the officer got a crime to be registered. This was in connection with a check dam built by them that got damaged in heavy floods. Before issuing this order, the officer had not given the organisation any chance to be informed that there is a possibility of such an action been taken against the organisation or any chance for the organisation to present its case. The legality of the entire proceedings of the Magistrate is discussed at the latter part of this appeal. LEHO was also a signatory to the letter issued by the LVM on 30 May 2006.

In the meanwhile there was an attempt by the state government to calm down the officer so that the organisations could continue with their work. A case was also filed by the NGOs challenging the order. As a result to find a solution to the issue which was spinning fast out of proportion three meetings were held between 22 to 24 August 2006 by the Divisional Commissioner, Kashmir and the representatives of organisations working in Leh. The concluding meeting was attended by the Leh District Magistrate also. In this meeting it was recognised that there is a need for the continuing cooperation between the NGOs and the government for continuing with the development activities in Leh. Certain agreements were reached of which the important one was that all the orders made by the District Magistrate affecting the functioning of the local organisations in Leh shall be kept in abeyance and be withdrawn by the officer and that the organisations shall withdraw the case filed by them in the court.

Things however did not calm down after this meeting. The Magistrate by his yet another arbitrary order dated 28 February 2007 issued a show-cause notice to Mr. Sonam Wangchuk, the director of SECMOL, an organisation based in Leh alleging that his organisation is illegally occupying government land, that his organisation is willfully engaged in anti-government activities, that his organisation is misusing money, that his organisation is engaged in anti-national activities and that the organisation has been an open critique of the government and the district administration and such criticism has created a significant threat to the peace in the region. The notice also threatened that the officer would take action against Mr. Wangchuk for the above acts. On the same day the officer issued yet another notice to the organisation that since the organisation has been occupying government land it has to pay a sum of Rupees 8,000,000 [USD 200,000] as land tax to the government and that the amount has to be deposited with the government treasury.

Similar threats and notices were received by several other nationally repurted NGOs also. Organisations harassed by the DM include those that have won the Right to Livelihood Award and numerous other national awards.

SECMOL is an organisation led by Mr. Wangchuk that produces materials on education and the materials are widely used in schools and other educational institutions in the region. There are thousands of beneficiaries of this organisation who make use of the education materials prepared by the organisation. They got annoyed by these uncontrolled and arbitrary acts of the Magistrate and started giving news releases in local radio and media condemning the acts of the Magistrate.

The Magistrate was shocked by the enormous public response and to silence the people and the massive criticism the officer issued a further order dated 8 March 2007 ordering the prohibition of the use of all materials produced by SECMOL from being used as education materials in schools. This order was issued by the officer invoking the provisions of Section 144 of the Criminal Procedure Code where powers are conferred upon the Executive Magistrate to declare emergency in a place within his jurisdiction if the officer finds that the situation warrants such an action. This provision is generally used during communal riots to save human life and destruction of property. This finding and act of the Magistrate however contradicts with an observation made by the Chief Executive Councilor, the elected head of the Hill Council of Leh through a letter dated 18 January 2007 issued to SECMOL that the activities of SECMOL has in fact helped the administration to reconstitute Village Education Committees in all villages of Ladakh and Leh. The organisation has been a long-term partner of the Hill Council for education reform movement and the Executive Councilor had in fact requested SECMOL to continue to help the administration in its further activities on education.

OTHER BACKGROUND INFORMATION:

Most NGOs in India are registered under the provisions of the Societies Registration Act, 1860. However, registration of organisations is not mandatory in law in India. Those organisations with good administrative structure however prefer to get the organisation registered under this Act. For registration of an organisation under the Act, the organisation needs to have a written byelaw and a governing body. Once registered, the organisation has to submit annual returns to the registrar of societies constituted under the Act. Such registration also helps the organisations to open bank accounts and so on.

Foreign contributions beyond a statutory limit fixed by the Reserve Bank of India can only be received by non-governmental organisations through a Foreign Contribution Account. For this, the particular organisation must obtain a FCRA registration with the Reserve Bank of India under the Foreign Contribution (Regulation) Act 1976. This registration is however a difficult task in India, since the process of obtaining such a registration undergoes rigorous verification by the Reserve Bank of India, the Home Ministry and clearance from various central government establishments.

The District Magistrate is a quasi-judicial officer with very limited judicial powers but with vast administrative responsibilities and powers. According to the Indian law the registration of an organisation can only be revoked by the body that gives the registration or a civil court. The District Magistrate cannot revoke the registration of an organisation. Even if the Magistrate misuses the power as in this case, it is a matter that could be adjudicated before the Sessions Court in a Criminal Revision Petition. Generally almost all Sessions Courts in India are crowded with such Revision Petitions since often the District Magistrates issue arbitrary orders against individuals and organisations, knowing fully well that their order will be thrown out of court in a matter of days. However, as in this case the officers continue issuing such orders without any sense of legality and fairness.

The AHRC is in possession of all the orders mentioned in this appeal and the wording in the orders are such that it prima-facie calls for disciplinary action against the Executive Magistrate. The way the order against Mr. Sonam Wangchuk is worded qualifies the Magistrate to be sued for defamation. The AHRC has been informed that this particular officer is from Uttar Pradesh, a state which is still under deep feudal control. The attitude of this officer is condemnable and calls for an immediate action.

In Leh however, the position of the Executive Magistrate is considered to be very high due to the proximity of the place with the international border and the remoteness of the place from the mainstream Indian society. These two factors amplify the perceived power of officers like Dwivedi. An officer like Mr. M. K. Dwivedi and his ill deeds can literally kill the entire non-governmental/human rights movement in such areas. The only parallel for a similar act is the rulings issued by the former king of Nepal when the king tried to silence the entire human rights movement in Nepal by asking the non-governmental organisations in that country to follow similar orders.

SUGGESTED ACTION:

Please write to the relevant authorities listed below and demand proper investigation and the immediate action against the arbitrary actions of Mr. M. K. Dwivedi and to immediately suspend all his orders that prohibit the normal functioning of NGOs in Leh. The AHRC is writing separate letters to the concerned United Nations bodies responsible for the protection of human rights defenders.

To support this case, please click here: SEND APPEAL LETTER