Lawyers Collective

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Lawyers Collective is a non-governmental organization in India which promotes human rights, especially on issues relating to women's rights, HIV, tobacco, LGBT and parliamentary corruption in India. On 1 June 2016, Govt of India suspended the FCRA registration of the NGO for alleged violation of FCRA norms. [1] This revoking of the license was challenged in the Bombay High Court and the case is currently pending. [2] The Central Bureau of Investigation filed a first information report on 13 June 2019 relating to charges of criminal conspiracy, criminal breach of trust, cheating, false statement made in declaration and various sections under the FCRA and Prevention of Corruption (PC) Act 1988. [3]

Contents

Founding

Lawyers collective was founded in 1981. [4] Among its founders were Indira Jaising and Anand Grover.[ citation needed ]

Access to medicines

Lawyers Collective represented the Cancer Patients Aid Association in the landmark intellectual property case Novartis v. Union of India., [5] opposing Novartis' patent for Glivec, a life-saving leukemia drug. The case has generated global attention for its impact on access to medicines worldwide. On 1 April 2013, Novartis' patent was rejected by the Supreme Court of India

HIV issues

The Lawyers Collective has written a bill intended for debate in parliament regarding HIV / AIDS discrimination. The purpose of the proposed law is to prohibit discrimination against persons living with HIV. The proposal describes prohibition of discrimination in employment, healthcare, and education, and further prohibits hate and discriminatory propaganda. Anand Grover is the head of the Lawyers Collective HIV/ AIDS unit. [6]

Decriminalization of homosexuality

The Lawyers Collective works closely with the Naz Foundation [7] and acted as their legal team in their lawsuit to repeal Section 377 of the Indian Penal Code. [8]

Women's rights

In 2006 the Lawyers Collective received a grant from the United Nations Development Fund for Women to develop a project titled "Staying Alive – Empowerment through Law." The purpose of this project was to provide legal resources to promote women's rights in the Indian legal system. [9]

Suspension of FCRA registration

On 1 June 2016, the Govt of India suspended the FCRA registration of the NGO for alleged violation of FCRA norms for 6 months pending further procedure. Lawyers Collective in a statement said that it intends to take the matter to the court. The funds received include Ford Foundation. [10] [11] The suspension of the FCRA license was then challenged in the Bombay High Court. The Central Bureau of Investigation filed a first information report on 13 June 2019 relating to charges of criminal conspiracy, criminal breach of trust, cheating, false statement made in declaration and various sections under the FCRA and Prevention of Corruption (PC) Act 1988. Various academics and activists claimed that this was an act of intimidation and harassment. [12]

Related Research Articles

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 and 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.

Indira Jaising Indian lawyer (born 1940)

Indira Jaising is an Indian lawyer and human right activist. In 2018 she was ranked 20th in the list of 50 Greatest Leaders of the World by Fortune magazine. She also runs an NGO with the name of Lawyers' Collective, the license of which was permanently cancelled by the Home Ministry for violations of Foreign Contribution Regulation Act. The central government of India accused the NGO of using foreign funds in a manner not mentioned in the objectives of the NGO. The Bombay High Court later passed the order to de-freeze the domestic accounts of her NGO, however, this is a small relief as the case still continues in the Supreme Court of India.

HIV/AIDS in India

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Shabnam "Mausi" Bano is the first transgender Indian to be elected to public office (MLA). She was an elected member of the Madhya Pradesh State Legislative Assembly from 1998 to 2003.

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<i>Naz Foundation v. Govt. of NCT of Delhi</i>

Naz Foundation v. Govt. of NCT of Delhi is a landmark Indian case decided by a two-judge bench of the Delhi High Court, which held that treating consensual homosexual sex between adults as a crime is a violation of fundamental rights protected by India's Constitution. The verdict resulted in the decriminalization of homosexual acts involving consenting adults throughout India. This was later overturned by the Supreme Court of India in Suresh Kumar Koushal vs. Naz Foundation, in which a 2 judge bench reinstated Section 377 of the Indian Penal Code. However, even that was overturned by a 5 judge bench in Navtej Singh Johar v. Union of India in 2018, decriminalizing homosexuality once again.

The Naz Foundation (India) Trust is a non-governmental organisation (NGO) in that country that works on HIV/AIDS and sexual health. It is based in the Indian capital of New Delhi.

Anand Grover is a senior lawyer known for legal activism in Indian law relating to homosexuality and HIV. Along with his wife Indira Jaising, he is a founder-member of the Lawyers Collective. He was the United Nations Special Rapporteur on the right to health from August 2008 to July 2014. He is currently and acting member of the Global Commission on Drug Policy.

Prostitution in Kyrgyzstan has been legal since 1998, but the operation of brothels, pimping, and recruiting persons into prostitution are illegal, with penalties of up to five years There are estimated to be 7,100 sex workers in the country. Prostitution occurs on the streets, in bars, hotels and brothels.

Aditya Bandopadhyay is a lawyer and LGBTQ rights activist in India, helping to challenge anti-sodomy laws, establishing advocacy organizations and providing legal services to HIV/AIDS organizations.

Humsafar Trust is an NGO in Mumbai which promotes LGBT rights. Founded by Ashok Row Kavi in 1994, it is one of the largest and most active of such organisations in India. It provides counselling, advocacy and healthcare to LGBT communities and has helped reduce violence, discrimination and stigma against them. Humsafar Trust is the convenor member of Integrated Network for Sexual Minorities (INFOSEM).

India HIV/AIDS Alliance

Founded in 1999, Alliance India is a non-governmental organisation operating in partnership with civil society, government and communities to support sustained responses to HIV in India that protect rights and improve health. Complementing the Indian national programme, we build capacity, provide technical support and advocate to strengthen the delivery of effective, innovative, community-based HIV programmes to vulnerable populations: sex workers, men who have sex with men (MSM), transgender people, hijras, people who inject drugs (PWID), and people living with HIV.

Anjali Gopalan

Anjali Gopalanpronunciation  is an Indian human rights and animal rights activist, founder and executive director of The Naz Foundation (India) Trust, an NGO dedicated to the fight against the HIV/AIDS epidemic in India mainly focused on women and children. Anjali began working on issues related to HIV/AIDS and marginalized communities in the United States. In 2012, Time magazine placed Gopalan on its list of the 100 most influential people in the world.

Human rights in Togo

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Foreign Contribution (Regulation) Act, 2010

The Foreign Contribution (regulation) Act, 2010 is an act of the Parliament of India, by the 42nd Act of 2010. It is a consolidating act whose scope is to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any activities detrimental to the national interest and for matters connected therewith or incidental thereto. It is designed to correct shortfalls in the predecessor act of 1976. The bill received presidential assent on 26 September 2010.

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome Act, 2017, often shortened to the HIV/AIDS Prevention Act, is an act of the Parliament of India that provides for controlling and preventing of HIV/AIDS and securing the rights of individuals diagnosed with HIV/AIDS. The bill for the act was introduced in the Rajya Sabha on 11 February 2014 and was referred to a Standing Committee on 24 February 2014, which submitted its report on 29 April 2015. After few amendments to the original 2014 bill, it was passed by the Rajya Sabh on 21 March 2017 and the Lok Sabha on 11 April 2017. It received Presidential assent on 20 April 2017, and became effective from 10 September 2018. The HIV/AIDS Prevention Act originated from a draft bill submitted by Lawyers Collective, a non-governmental organization, to the National AIDS Control Organisation (NACO) in 2006. The act penalises propagation of hate against HIV/AIDS affected persons, ensures the right of HIV/AIDS affected minors to shared household, protects non-disclosure of HIV/AIDS status in the absence of court order and mandates informed consent to disclose HIV/AIDS positive identity, inter alia. However, civil society organisations and HIV/AIDS affected persons criticised the act on certain legal language issues, as it mandates the state to provide HIV/AIDS affected persons with medical services "as far as possible". This aspect was absent from the draft bill submitted to NACO.

References

  1. "No more foreign funds for Indira Jaising's NGO". Deccan Herald. 2 June 2016. Retrieved 25 April 2019.
  2. "CBI Raids on Jaising, Grover a 'Brute Show of Intimidation': Activists, Academics". The Wire. Retrieved 12 July 2019.
  3. "CBI Raids on Jaising, Grover a 'Brute Show of Intimidation': Activists, Academics". The Wire. Retrieved 12 July 2019.
  4. "About". Lawyers Collective. Archived from the original on 2 April 2011. Retrieved 9 April 2011.
  5. "Current Cases | Lawyers Collective". Archived from the original on 7 March 2013. Retrieved 2 April 2013.
  6. staff correspondent (5 February 2006). "Lawyers Collective prepares a bill on HIV/AIDS". The Hindu . The Hindu Group. Archived from the original on 27 April 2006. Retrieved 9 April 2011.
  7. "Advocacy". Naz Foundation. Archived from the original on 30 June 2012. Retrieved 9 April 2011.
  8. Kian Ganz (2 July 2009). "Lawyers Collective overturns anti-gay law". legallyindia.com . Retrieved 9 April 2011.
  9. "India: Better Legal Options Equal More Justice for Women". United Nations Development Fund for Women. 22 November 2006. Retrieved 9 April 2011.
  10. "Indira Jaising's NGO barred by MHA from receiving foreign funds for 6 months". The Indian Express. 2 June 2016. Retrieved 19 July 2019.
  11. "[Breaking]: Indira Jaising to challenge NGO's FCRA licence suspension". Bar & Bench. 1 June 2016. Retrieved 13 August 2019.
  12. "CBI Raids on Jaising, Grover a 'Brute Show of Intimidation': Activists, Academics". The Wire. Retrieved 12 July 2019.