2015 Priya Pillai offloading

Last updated

The Priya Pillai offloading of January 2015 was an incident in India where an environmental activist was offloaded from a flight in order to prevent her from testifying internationally on the activity of a firm registered in the UK.

Contents

Later, the Ministry of Home Affairs (India) argued that her deposition before a British parliamentary committee would have been "prejudicial to national interest" [1] In its judgment, the Delhi High Court observed that dissent "may not be palatable; even so, it cannot be muzzled." [2]

The incident has been widely discussed in India as evidence suggesting a possible trend towards eroding Freedom of expression in India under the Bharatiya Janata Party government. [3] [4] [5] International media has also been critical of the Narendra Modi Government. [6] [7]

Background

The government was interested in promoting coal energy, and in the work of the Mahan Coal Limited, a joint venture of the UK-registered firm Essar Energy with Hindalco, to mine coal in an old sal forest area in Madhya Pradesh. Priya Pillai, who works with Greenpeace India, had been campaigning actively in Mahan for several years.

In January 2015, she was to testify before the British All-Party Parliamentary Group for Tribal Peoples chaired by Martin Horwood, which was looking at the role of Essar Power. At the airport on 11 January, immigration officials offloaded her from the flight, [8] but no reason was given to her for this act. [9]

Pillai wrote twice to the Secretary, Ministry of Home Affairs wishing to know the legal basis for the offloading, [10] but received no reply. She then took the matter to Delhi High Court, with her lawyer Indira Jaising arguing that there had been a "simultaneous violation of the right to free speech, right to freedom of association and personal liberty of movement." [11]

In an Intelligence Bureau report addressed to the Prime Minister's Office from June 2014, Greenpeace's activities were claimed to be causing negative impact on the country's economic development. [12] In September 2014, a British greenpeace activist was deported from India despite having a valid visa. [13]

The Government's Justification

The Ministry of Home Affairs was given a week to respond, but sought several extensions. Eventually, the Ministry filed an affidavit stating that the action was based on a look-out circular issued the day before her flight, at the request of the Intelligence Bureau. [14]

The reason given was that Pillai "would project the image of Indian Government 'negatively' at the international level." [15] The government claimed that "in-person testimony of local activists" dealing with sensitive subjects such as "religious freedom, tribal people, indigenous people, violence against women, human trafficking and dalit rights" damaged the country's reputation. [1] This was particularly problematic since India was at least two decades behind the west in the energy sector. A "negative image" of India would "whittle down foreign direct investments”, and it was claimed that she was involved in "anti-national activities". [16] At the same time, since the LOC is a "secret" document, it could not be shown to her.

At one point, the Assistant Attorney General Sanjay Jain told the court:

If there is an undertaking that she will not make this speech before the MPs, then the LOC will be withdrawn. There is no general curtailment of her movement. [17]

To this remark, Pillai said that she refused to

accept any such gag offer. I was exercising my fundamental right... If I accept that the government has a right to dictate what I can and can’t say, then India and all Indians would lose something priceless – our absolute right to free speech. I cannot and will not accept that. [18]

Justice Shakdher wanted to know why the government had singled out an individual citizen. "The Indian state is not powerless. You have a plethora of trained diplomats doing a commendable job of protecting national interests. I don’t see how the state cannot meet the challenge posed," [17]

Judgment

In February, the Delhi High court expunged the ban on travel for Pillai, In his judgement, justice Rajiv Shakdher observed:

The point in issue is, why must the State interfere with the freedom of an individual, as long as the individual concerned operates within the ambit of laws framed by the legislature.
The core aspect of democracy is the freedom of an individual... The individual should be able to order his or her life any way he or she pleases, as long as it is not violative of the law... Amongst the varied freedoms conferred on an individual (i.e., the citizen), is the right of free speech and expression, which necessarily includes the right to criticise and dissent. Criticism, by an individual, may not be palatable; even so, it cannot be muzzled.
Many civil right activists believe that they have the right, as citizens, to bring to the notice of the State the incongruity in the developmental policies of the State. The State may not accept the views of the civil right activists, but that by itself, cannot be a good enough reason to do away with dissent.
Therefore... there was no basis for the respondents to issue an LOC qua the petitioner. That being so, the decision taken to detain the petitioner at the airport on 11.01.2015, in my opinion, was illegal being violative of the Ms Pillai's right under Article 21 and 19(1)(a) of the Constitution. [15]

While the judgment states that the process by which Look-Out Circulars (LOC) are issued is not "enacted law", it did not strike it down.

Media Speculation on reasons

What was surprising about the incident that it was issued despite many earlier instances where the courts had clearly stated that the right to issue LOC must be exercised with caution. In 2010, Justice S Muralidhar of the Delhi high court stated that "The power to suspend, even temporarily, a passport of a citizen, the power to issue an LOC, the power to offload a passenger and prevent him or her from travelling are all extraordinary powers, vested in the criminal law enforcement agencies by the statutory law. These are powers that are required under the law, to be exercised with caution and only by the authorities who are empowered by law to do so and then again only for valid reasons." [14]

Thus, there was much media discussion regarding the motives for the action. It was seen as a continuation of harassment to activists involved in the Mahan Coal area. [19]

Accusation of totalitarian tendencies

However, a broader issue was whether India was moving towards more restrictive views on personal liberty and freedom of speech, as in totalitarian regimes such as China. Former Attorney General Indira Jaysing said that "The government, it seems is misreading the mandate in the Lok Sabha as being a mandate to crush dissent." [20] An editorial in the Statesman called it "another attempt at Fascist-authoritarianism". [21] A columnist in Firstpost saw a broader tendency:

Unfortunately, it’s not a benign mistake by the intelligence officials or the home ministry, but the reflection of a tendency of authoritarianism. There are already reports that the government is getting ready to crack down on several civil society organisations and reportedly, there is even a "hit-list". It’s certainly part of a bigger plan. [5]

In a column in The Guardian, Aditya Chakrabortty remarked on lack of action from the Prime Minister in such incidents:

An environmentalist invited by British MPs to testify on abuse by mining firms was yanked from her London flight just before take-off. Just as with the Gujarat pogrom, the prime minister has no direct part to play in any of this – rather he fosters the environment that makes it all possible. [22]

Related Research Articles

<span class="mw-page-title-main">Arundhati Roy</span> Indian author and activist (born 1961)

Suzanna Arundhati Roy is an Indian author best known for her novel The God of Small Things (1997), which won the Booker Prize for Fiction in 1997 and became the best-selling book by a non-expatriate Indian author. She is also a political activist involved in human rights and environmental causes.

<span class="mw-page-title-main">Mannathu Padmanabha Pillai</span> Indian social reformer and freedom fighter

Mannathu Padmanabhan was an Indian social reformer and freedom fighter from the south-western state of Kerala. He is recognised as the founder of the Nair Service Society (NSS), which represents the Nair community that constitutes 15.5% of the population of the state. Padmanabhan is considered as a visionary reformer who organised the Nair community under the NSS.

Section 377 of the British colonial penal code criminalized all sexual acts "against the order of nature". The law was used to prosecute people engaging in oral and anal sex along with homosexual activity. The penal code remains in many former colonies, but has been repealed in Singapore and India as of 2023. It has been used to criminalize third gender people, such as the apwint in Myanmar. In 2018, British Prime Minister Theresa May acknowledged how the legacies of British colonial anti-sodomy laws continue to persist today in the form of discrimination, violence, and death.

The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.

<span class="mw-page-title-main">Internet censorship in India</span> Overview of Internet censorship in India

Internet censorship in India is done by both central and state governments. DNS filtering and educating service users in suggested usages is an active strategy and government policy to regulate and block access to Internet content on a large scale. Also measures for removing content at the request of content creators through court orders have become more common in recent years. Initiating a mass surveillance government project like Golden Shield Project is also an alternative discussed over the years by government bodies.

<span class="mw-page-title-main">Veerappa Moily</span> Indian politician and writer

Marpadi Veerappa Moily is an Indian politician belonging to the Indian National Congress from the state of Karnataka.

Throughout its history, the policies and objectives of the non-governmental environmental protection and conservation organization Greenpeace have been criticized by a number of groups, including national governments, members of industry, former Greenpeace members, scientists, political groups, and other environmentalists. The organization's methods, such as the use of direct action, have also led to controversy and legal action.

<span class="mw-page-title-main">Dhananjaya Y. Chandrachud</span> 50th and current Chief Justice of India (born 1959)

Dhananjaya Yeshwant Chandrachud is an Indian jurist, who is serving as the 50th and current Chief Justice of India since November 2022 and as a judge of the Supreme Court of India since May 2016. He has also previously served as the chief justice of the Allahabad High Court from 2013 to 2016 and as a judge of the Bombay High Court from 2000 to 2013. He is also a former executive chairperson (ex officio) of the National Legal Services Authority.

<span class="mw-page-title-main">LGBT rights in India</span>

Lesbian, gay, bisexual and transgender (LGBT) rights in India have been evolving rapidly in recent years. However, Indian LGBT citizens continue to face social and legal difficulties not experienced by non-LGBT persons.

The Constitution of India provides the right to freedom, given in article 19 with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the freedom of speech and expression, as one of its six freedoms.

<span class="mw-page-title-main">Unlawful Activities (Prevention) Act</span> Indian law to prevent unlawful activities

Unlawful Activities (Prevention) Act is an Indian law aimed at prevention of unlawful activities associations in India. Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India. The most recent amendment of the law, the Unlawful Activities (Prevention) Amendment Act, 2019 has made it possible for the Union Government to designate individuals as terrorists without following any formal judicial process. UAPA is also known as the "Anti-terror law".

<span class="mw-page-title-main">Human Rights Law Network</span>

The Human Rights Law Network (HRLN) is an Indian non-profit organisation founded in 1989 to protect the fundamental human rights and civil liberties of the most marginalised and vulnerable members of society. Working on the intersection of law, advocacy, policy, and education, HRLN is organised as a collective of lawyers and social activists dedicated to providing legal assistance to vulnerable and disadvantaged individuals, advocating for the implementation of structures to safeguard human rights and fight systemic oppression, and educating the public on their rights and remedies. HRLN provides pro bono legal services to marginalised groups, conducts investigations into human rights violations, and undertakes high-stakes impact litigation in service of the public interest. The organisation operates across the spectrum of public interest law, focusing specifically on children’s rights, rights of disabled persons, rights of people living with HIV/AIDS, prisoners' rights, refugee rights, rights of indigenous people, workers' rights, rights of minorities, and the protection of victims of sexual violence or trafficking.

India does not recognise registered marriage or civil unions for same-sex couples, though same-sex couples can attain rights and benefits as a live-in couple as per a Supreme Court of India judgement in August 2022.

<span class="mw-page-title-main">Annie Mascarene</span> Indian politician

Annie Mascarene was an Indian independence activist, politician and lawyer from Thiruvananthapuram, Kerala who served as a Member of the Parliament of India and was the first woman to do so.

Greenpeace India is the Indian branch of the global environmental group Greenpeace, a non-profit NGO, with a presence in 55 countries across Europe, the America, Asia. Greenpeace India has legally registered society in four locations with Bengaluru as its headquarters and other branches at Delhi, Chennai, Patna.

Mahan Coal Limited is a disputed coal mine project in Singrauli district, Madhya Pradesh, India. The project has been opposed by environmentalists since it seeks to pull down 1200 acres of old sal forests for a coal mine. At least 500,000 prime sal trees would be chopped, and 54 villages with a considerable tribal population would be displaced. However, a group of villagers have also been supporting the mine since it would boost the local economy.

Heffernan v. City of Paterson, 578 U.S. ___ (2016), was a United States Supreme Court case in 2016 concerning the First Amendment rights of public employees. By a 6–2 margin, the Court held that a public employee's constitutional rights might be violated when an employer, believing that the employee was engaging in what would be protected speech, disciplines them because of that belief, even if the employee did not exercise such a constitutional right.

<span class="mw-page-title-main">Rebecca Mammen John</span> Senior advocate in the Supreme Court of India

Rebecca Mammen John is a Senior Advocate at the Supreme Court of India, and works primarily in the field of criminal defence. She has represented parties in several widely reported cases, including the families of victims of the 1987 Hashimpura massacre, Indian stockbroker Harshad Mehta, and the accused in the Aarushi murder case. She has also been appointed as a Special Public Prosecutor on occasion by the High Court of Delhi, and frequently comments in leading newspapers and the media on issues of criminal justice reform in India.

<span class="mw-page-title-main">Disha Ravi</span> Indian climate activist

Disha Annappa Ravi is an Indian youth climate change activist and a founder of Fridays For Future India. Her arrest on 13 February 2021 for an alleged involvement with an online toolkit related to Greta Thunberg and the 2020–2021 Indian farmers' protests gained international attention. The Indian government alleged that the toolkit, a standard social justice communications and organizing document, providing a list of ways to support the farmers' protests, fomented unrest and a form of sedition. The arrest was widely criticized both within India, and internationally.

<span class="mw-page-title-main">Aakar Patel</span> Indian activist and author

Aakar Patel is an Indian journalist, activist and author. He served as the head of Amnesty International in India between 2015 and 2019, and currently serves as the chair of the Board of Amnesty International in India. He is the author of Our Hindu Rashtra, an account of majoritarianism in India, and of Price of the Modi Years, which examines the administrative performance of Indian Prime Minister Narendra Modi. In 2014, he authored a translation of Saadat Hasan Manto's Urdu non-fiction Why I Write.

References

  1. 1 2 Manoj Mitta (Feb 16, 2015). "Govt defends activist Priya Pillai's offloading, slams west's rights reports".
  2. ↑ "Lookout notice against Pillai illegal: HC". 12 March 2015.
  3. ↑ Nayantara Narayanan (Feb 17, 2015). "As government denounces 'bad activist' Priya Pillai in court, 'good activists' come to her defence". scroll. quote: Nandini Sundar: "why is the Indian government so interested in defending the foreign companies’ right to exploit Indian resources and Indian adivasis?"
  4. ↑ Sanjib Kr Baruah and Rajesh Ahuja (Jan 24, 2015). "Narendra Modi govt cracks down on NGOs, prepares hitlist". Hindustan Times.
  5. 1 2 G Pramod Kumar (Feb 20, 2015). "Gag order against Priya Pillai: Does India want to be like China, Saudi Arabia?". Firstpost India.
  6. ↑ The editorial board, NYT (April 14, 2015). "The Right to Speak Out in India". New York Times.quote: Justice Rajiv Shakdher reminded the government of what should have been obvious: “You cannot muzzle dissent in a democracy.”
  7. ↑ Fahad Shah (8 Nov 2015). "Silencing dissenting voices in India".
  8. ↑ "Greenpeace activist offloaded from Delhi-London flight | India News - Times of India".
  9. ↑ "Greenpeace India campaigner prevented from travelling to the UK". 12 January 2015.
  10. ↑ http://www.outlookindia.com/newsarticle/greenpeace-campaigner-stopped-from-boarding-london-flight/876795%5B%5D
  11. ↑ "Speaking for tribal rights not anti-national: Priya Pillai to High Court". 20 February 2015.
  12. ↑ "IB report to PMO: Greenpeace is a threat to national economic security". 11 June 2014.
  13. ↑ "Greenpeace worker refused entry to India". 22 September 2014.
  14. 1 2 "Was IB empowered to offload green activist Priya Pillai? | India News - Times of India".
  15. 1 2 Justice Rajiv Shakdher (12 Mar 2015). "Priya Parameshwaran Pillai vs Union Of India And Ors. on 12 March, 2015". Delhi High Court.
  16. ↑ Abhinav Garg (Mar 12, 2015). "Delhi HC quashes lookout circular issued against Greenpeace activist Priya Pillai". TNN.
  17. 1 2 "HC asks why Greenpeace Pillai stopped, Govt says 'doodh mein makkhi'". 19 February 2015.
  18. ↑ "Offloaded Greenpeace activist Priya Pillai refuses to give undertaking sought by govt". Feb 20, 2015.
  19. ↑ Shashikant Trivedi (August 5, 2014). "Mahan Coal mines: Activists claim harassment by police, authorities". Business Standard.
  20. ↑ "What happened to Priya Pillai could happen to many of us". February 16, 2015.
  21. ↑ Editorial (Mar 14, 2015). "Dissent sanctified". The Statesman.
  22. ↑ Aditya Chakrabortty (10 November 2015). "For years Britain shunned Narendra Modi. So why roll out the red carpet now?". The Guardian.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.