The government has been growingly defensive, almost paranoid, about those non-governmental organisations and activists challenging its policies and programmes. In the instance of Greenpeace activist
Priya Pillai, it went as far as labelling her “anti-national”. The Delhi High Court’s intervention,
quashing and setting aside a Look-Out Circular (LOC) issued by the government against her, was a much-needed step. Ms. Pillai, who was seeking to travel to the U.K. on January 11, was detained at immigration at the New Delhi airport and prevented from leaving the country, with no immediate
explanation provided for the action. As is now known, the LOC was issued on the basis of a unilateral direction by the Intelligence Bureau (IB), without hearing out Ms. Pillai. The IB issued the arbitrary order under a clause meant exclusively for “CI [counter-intelligence] suspects, terrorists, anti-national elements, etc.”. What exactly did the government assume was anti-national about her visit? That her activity had the potential to denigrate India in the eyes of foreign nations, leading to a regression in economic activity? As the court has noted, Ms. Pillai was travelling to meet British parliamentarians to exert moral pressure on the U.K.-based Essar Energy, which was working with a joint venture company, Mahan Coal, whose projects were seen to be affecting tribals in Madhya Pradesh.
Justice Rajiv Shakdher took the view that the right to travel abroad was a fundamental right, flowing from the right to life and personal liberty under Article 21 of the Constitution. This right cannot be curtailed by an executive decision, but only by “enacted law”. The Judge held that the government’s disapproval of the views of civil rights activists expressed at an international forum would not be reason enough to stifle them. To consider Ms. Pillai to be anti-national just because her views might “negatively” impact the image of India “is completely untenable”, he held. Significantly, a somewhat similar argument about protecting India’s image was heard during the controversy surrounding the documentary, India’s Daughter. BJP Member of Parliament Meenakshi Lekhi in fact said the documentary would deter tourism. The IB’s views on NGOs are known. An IB report apparently sent to Prime Minister Narendra Modi that expressed anxiety over foreign funding NGOs apparently received for opposing development projects, has been widely criticised. In January, the Delhi High Court directed the removal of a freeze on Greenpeace India’s bank account, as the government had not brought any “evidence on record” to support its action. The latest judgment comes as a victory for NGOs that seek to question certain economic policies and provide alternative voices — without necessarily endorsing the ways of all of them.
