Colin Gonsalves is a designated
Senior Advocate
The title of Senior Counsel or State Counsel ( post-nominal letters: SC) is given to a senior lawyer in some countries that were formerly part of the British Empire. "Senior Counsel" is used in current or former Commonwealth countries or jurisdicti ...
of the
Supreme Court of India
The Supreme Court of India (IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
and the founder of
Human Rights Law Network
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, adv ...
(HRLN). He specializes in
human rights
Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
protection,
labour law and
public interest law
Public interest law refers to legal practices undertaken to help poor, marginalized, or under-represented people, or to effect change in social policies in the public interest, on 'not for profit' terms ( ''pro bono publico''), often in the fields ...
. He has been awarded
Right Livelihood Award
The Right Livelihood Award is an international award to "honour and support those offering practical and exemplary answers to the most urgent challenges facing us today." The prize was established in 1980 by German-Swedish philanthropist Jakob ...
for the year 2017 for "his tireless and innovative use of public interest litigation over three decades to secure fundamental human rights for India’s most marginalised and vulnerable citizens." Considered a pioneer in the field of public interest litigation in India,
he has brought several cases dealing with economic, social and cultural rights. Most of these cases, decided by the Supreme Court, have been set as precedents.
Since co-founding HRLN in 1989, Colin Gonsalves and his colleagues have built the organization into India's leading public interest law group, working at the intersection of law, advocacy and policy. He also co-developed the
Indian People's Tribunal
The Indian People's Tribunal (IPT), also called the Indian People's Tribunal on Environmental and Human Rights or Independent People's Tribunal, was a People's Tribunal set up by the Human Rights Law Network (HRLN) on 5 June 1993.
The IPT is an ...
(IPT), an independent organization headed by retired Supreme Court and
High Court judges to investigate human rights violations. Fact-findings presented at the IPTs have spurred public interest litigation, formed social movements and led to concrete policy changes.
Colin Gonsalves has written, edited and co-edited numerous articles and books on a range of human rights law issues.
Education
Colin Gonsalves, is a
BTech
A Bachelor of Technology (Latin ''Baccalaureus Technologiae'', commonly abbreviated as B.Tech. or BTech; with honours as B.Tech. (Hons.)) is an undergraduate academic degree conferred after the completion of a three to five-year program of stud ...
(1975) from the Department of Civil Engineering,
IIT Bombay
The Indian Institute of Technology Bombay (IIT Bombay or IITB) is a public research university and technical institute in Powai, Mumbai, Maharashtra, India. It is considered as one of the best engineering universities in India and is top rank ...
. He began working as a
civil engineer
A civil engineer is a person who practices civil engineering – the application of planning, designing, constructing, maintaining, and operating infrastructure while protecting the public and environmental health, as well as improving existing i ...
, but was drawn to the
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
through union work and concerns over labour issues and exploitation. He then started studying law at night school in 1979.
Upon graduation in 1983, he co-founded the India Centre for Human Rights and Law in Mumbai (Bombay) and developed it into a national network of over 200 lawyers and paralegals, activists under the auspices of the
Human Rights Law Network
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, adv ...
(HRLN).
Gonsalves strives to use the law as a shield to protect the human rights of the poor and of the
marginalized
Social exclusion or social marginalisation is the social disadvantage and relegation to the fringe of society. It is a term that has been used widely in Europe and was first used in France in the late 20th century. It is used across discipline ...
communities in India. Over last two decades, he has played a prominent role in investigating, monitoring, and documenting human rights violations, generating "know your rights" material, and conducting training seminars and workshops for lawyers, activists, judges, and government officials including police and civic administrators.
Awards and achievements
* Winner of
Right Livelihood Award
The Right Livelihood Award is an international award to "honour and support those offering practical and exemplary answers to the most urgent challenges facing us today." The prize was established in 1980 by German-Swedish philanthropist Jakob ...
for the year 2017. While recognising the works of Mr Gonsalves, the award announcement reads-"Colin Gonsalves (India) is honoured by the Jury "for his tireless and innovative use of public interest litigation over three decades to secure fundamental human rights for India’s most marginalised and vulnerable citizens"."
* Winner of the N.C.P.E.D.P.-Shell Helen Keller awards, 2003. Instituted in 1999, the N.C.P.E.D.P.-Shell Helen Keller awards symbolise an equal playing field for people with disabilities.
* Winner of the 2004 International Human Rights Award of the
American Bar Association
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of acad ...
in public recognition of his contribution to the area of human rights.
* Honoured by IIT, Bombay with Distinguished Alumnus Award on its 51st Foundation Day function for his outstanding contribution to society and bringing honour to his alma mater with his path-defining works and achievements.
* Winner of the Mother Teresa Memorial Award for Social Justice 2010 for legal aid in addressing human rights.
* Presented with the award of
Doctor
Doctor or The Doctor may refer to:
Personal titles
* Doctor (title), the holder of an accredited academic degree
* A medical practitioner, including:
** Physician
** Surgeon
** Dentist
** Veterinary physician
** Optometrist
*Other roles
* ...
of the University, honoris causa, by the
University of Middlesex
Middlesex University London (legally Middlesex University and abbreviated MDX) is a public research university in Hendon, northwest London, England. The name of the university is taken from its location within the Historic counties of England, ...
, UK. for his outstanding contribution to society and path-defining works and achievements in the field of humanitarian laws.
* Presented with the Honour for "Pioneering and Exemplary Leadership in Advancing Women’s Reproductive Rights and Social Justice in India" by the
Centre for Reproductive Rights.
Important Public Interest Litigations brought by Colin Gonsalves
* Final Report of the Committee appointed by the Government of India (vide notification No. V 25011/160/2010 –HR dated April 15, 2010) to enquire into “Alleged irregularities in the conduct of studies using Human Papilloma Virus (HPV) vaccine by PATH in India”. New Delhi: GoI; 2011 Feb 15.
* Department-related Parliamentary Standing Committee on Health and Family Welfare, Department of Health and Family Welfare. Seventy second report on alleged irregularities in the conduct of studies using Human Papilloma Virus (HPV) vaccine by PATH in India. New Delhi: Rajya Sabha Secretariat; 2013 Aug 30
* Colin Gonsalves is representing 6000 Rohingya Refugees in Jammu to prevent their deportation back to Myanmar where they face persecution.
* In response to a case argued by Colin Gonsalves, the Supreme Court directed unions and state governments to implement several
food security
Food security speaks to the availability of food in a country (or geography) and the ability of individuals within that country (geography) to access, afford, and source adequate foodstuffs. According to the United Nations' Committee on World F ...
schemes.
* Extra Judicial Execution Victim Families Association (EEVFAM) and Anr Vs Union of India and Anr, 2012: In a landmark judgement, the Supreme Court ordered a
CBI probe by a special investigating team (SIT) into the 98 fake encounter killings in
Manipur
Manipur () ( mni, Kangleipak) is a States and territories of India, state in Northeast India, with the city of Imphal as its capital. It is bounded by the Indian states of Nagaland to the north, Mizoram to the south and Assam to the west. It ...
in the last decade submit a report in the first week of January 2018. The Court held that armed forces cannot use excessive force even in areas that come under the
Armed Forces Special Powers Act
Armed Forces (Special Powers) Act (AFSPA), 1958 is an act of the Parliament of India that grants special powers to the Indian Armed Forces to maintain public order in "disturbed areas". According to the Disturbed Areas (Special Courts) Act, 19 ...
(AFSPA).
* In a landmark judgment by the Supreme Court of India filed by
child rights
Children's rights are a subset of human rights with particular attention to the rights of special protection and care afforded to minors. group ''
Bachpan Bachao Andolan
Bachpan Bachao Andolan (BBA; ''Save Childhood Movement'') is an India-based children's rights movement. It was started in 1980 by Nobel Laureate Mr. Kailash Satyarthi. It campaigns against bonded labour, child labour and human trafficking, and ...
'' on
child labour and
trafficking
Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations.
There are variou ...
of children for forced labour, the Supreme Court directed the government to ensure the implementation of the
Juvenile Justice (Care and Protection of Children) Act, 2000. Gonsalves appeared on behalf of ''Bachpan Bachao Andolan''.
* Kedar Nath Yadav vs State of West Bengal & Others, 2016: In this high-profile case of state acquisition of agricultural land under emergency clause for industrial projects of private companies, HRLN in 2016 won the case on the behalf of farmers. In 2006,
Tata company announced the setting up of a plant to manufacture its Nano 'small car' on 997 acres of land belonging to poor farmers in
West Bengal
West Bengal (, Bengali: ''Poshchim Bongo'', , abbr. WB) is a state in the eastern portion of India. It is situated along the Bay of Bengal, along with a population of over 91 million inhabitants within an area of . West Bengal is the four ...
's Singur district. It This acquisition was challenged by the farmers in the Supreme Court. HRLN lawyers appeared for some of the farmers and Supreme Court in 2016 quashed the acquisition. The Supreme Court also directed that the lands be returned to the farmers and that the compensation paid to them by the company be retained by the farmers.
* Parivartan Kendra Vs Union of India and Ors, 2013: In this case argued by Colin Gonsalves, filed by NGO Parivartan Kendra on behalf of Chanchal Paswan and her sister who became victims of an
acid attack
An acid attack, also called acid throwing, vitriol attack, or vitriolage, is a form of violent assault involving the act of throwing acid or a similarly corrosive substance onto the body of another "with the intention to disfigure, maim, t ...
, the Supreme Court directed all states and union territories to include acid attack victims in the
disability
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be cognitive, developmental, intellectual, mental, physical, s ...
list in highlighting the plight of acid attack victims and the inadequacy of the payable compensation. The court also said, "state shall upon itself take full responsibility for the treatment and rehabilitation of the victims of acid attack as per the Guidelines provided in Laxmi vs. Union of India." The court also awarded a compensation of Rs. 13 lakh for the Paswan sisters.
* Archbishop Raphael Cheenath S.V.D. Vs State of Orissa and Anr, 2008: Huge human rights violations of innocent people took place in Kandhmal district following the assassination of VHP leader Swami Laxmanananda Saraswati where least 39 Christians were killed and 232 churches destroyed in the August 2008 violence. The Supreme Court in its judgement asked the
Odisha
Odisha (English: , ), formerly Orissa ( the official name until 2011), is an Indian state located in Eastern India. It is the 8th largest state by area, and the 11th largest by population. The state has the third largest population of Sc ...
government to re-investigate the closure of 315 cases out of the total 827 cases registered related to anti-Christian violence in Kandhamal district in 2008, and "see that the offenders are brought to book" which were earlier closed by the state police on the ground that either the offenders could not be traced or no offence was made out.. The court also directed the state to pay additional compensation to the victims of the riots – Rs 3 lakh for the families of those killed in the violence.
* In Shabman Hashmi vs. Union of India and Others, argued by Colin Gonsalves, the Supreme Court extended the right to
adopt
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...
a child to
Muslims,
Christians
Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι ...
,
Jews
Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""T ...
,
Parsi
Parsis () or Parsees are an ethnoreligious group of the Indian subcontinent adhering to Zoroastrianism. They are descended from Persians who migrated to Medieval India during and after the Arab conquest of Iran (part of the early Muslim con ...
s and all other communities. This right had been till the judgment been restricted to
Hindus,
Buddhists
Buddhism ( , ), also known as Buddha Dharma and Dharmavinaya (), is an Indian religion or philosophical tradition based on teachings attributed to the Buddha. It originated in northern India as a -movement in the 5th century BCE, and g ...
and
Jains
Jainism ( ), also known as Jain Dharma, is an Indian religion. Jainism traces its spiritual ideas and history through the succession of twenty-four tirthankaras (supreme preachers of ''Dharma''), with the first in the current time cycle bein ...
. The court ruled that any person can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 irrespective of religion he or she follows and even if the personal laws of the particular religion does not permit it.
* In Occupational Health and Safety Association v. Union of India, 2005, argued by Colin Gonsalves on the behalf of Occupational Health and Safety Association, the Supreme Court delivered a judgment that the right to health and medical care, while in service or post-retirement, is a
fundamental right
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process
Due process of law is applicat ...
of a worker, and that
Right to health
The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international agreements which include the U ...
is a right flowing from Article 21: the right to protection of life and
personal liberty
Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom.
In modern politics, liberty is understood as the state of being free within society f ...
.
* Dhal Singh Dewangan Vs State of Chhattisgarh, 2014: In a rare judgement, the Supreme Court acquitted a
death row
Death row, also known as condemned row, is a place in a prison that houses inmates awaiting execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of awaiting execution ( ...
victim who was found guilty and sentenced to death by a
trial court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review ( appellate courts). M ...
and the High Court saying the prosecution has not proved the charge against him of murdering his wife and five daughters on the basis of evidence on record. "In our view, the circumstances mentioned do not form a complete chain of evidence as not to leave any reasonable ground for the conclusion consistent with the innocence of the appellant, nor do the circumstances exclude every possible hypothesis except the guilt of the accused," the court said.
* In the
National Association of the Deaf v. Union of India, 2009, argued by Colin Gonsalves, the
Delhi High Court
The High Court of Delhi (IAST: ''dillī uchcha nyāyālaya'') was established on 31 October 1966, through the ''Delhi High Court Act, 1966'', with four judges, Chief Justice K. S. Hegde, Justice I. D. Dua, Justice H. R. Khanna and Justice S. ...
opened the doors for
deaf people
Deaf people are typically defined as those who have profound hearing impairment in both ears as a result of either acquired or congenital hearing loss. Such people may be associated with deaf culture. Deafness (little to no hearing) is distingui ...
to take driving tests, and if they pass, get a
driving licence
A driver's license is a legal authorization, or the official document confirming such an authorization, for a specific individual to operate one or more types of motorized vehicles—such as motorcycles, cars, trucks, or buses—on a publi ...
for the first time in India. Prior to this the Motor Vehicles Act and Rules automatically disqualify a deaf person from obtaining a licence on the presumption that deaf persons would be a danger to the public.
* Colin Gonsalves is currently arguing against the
deportation
Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation ...
of
Rohingya Muslims
The Rohingya people () are a stateless Indo-Aryan ethnic group who predominantly follow Islam and reside in Rakhine State, Myanmar (previously known as Burma). Before the Rohingya genocide in 2017, when over 740,000 fled to Bangladesh, an ...
who have been driven out from
Myanmar
Myanmar, ; UK pronunciations: US pronunciations incl. . Note: Wikipedia's IPA conventions require indicating /r/ even in British English although only some British English speakers pronounce r at the end of syllables. As John Wells explai ...
in a bloody crackdown by the
Myanmar army
The Myanmar Army ( my, တပ်မတော်(ကြည်း), ) is the largest branch of the Armed Forces (''Tatmadaw'') of Myanmar (Burma) and has the primary responsibility of conducting land-based military operations. The Myanmar Arm ...
.
Notes
External links
* https://web.archive.org/web/20171012043609/http://hrln.org/hrln/
* http://hrln.org/hrln/index.php?option=com_content&view=article&id=648&Itemid=118
* http://thelangarhall.com/india/farmer-suicides-continue/
* http://www.indianexpress.com/news/bitter-pil-to-swallow/296747/0
* https://www.youtube.com/watch?v=1VemYN2Q33s Interview on NDTV
* https://www.youtube.com/watch?v=t2oHKeKpTb8 Speech at WSO Dinner
{{DEFAULTSORT:Gonsalves, Colin
Living people
Indian human rights activists
Supreme Court of India lawyers
IIT Bombay alumni
1952 births
University of Mumbai alumni