Government backtracks after tarnishing the image of Indian Voluntary Sector

Pronounced guilty sans a fair trial

Few weeks back, a single statement made by the Hon’ble Prime Minister, Dr. Manmohan Singh to an American Journal that a few Indian NGOs in the state of Tamil Nadu are being funded by the American and Scandinavian NGOs for the anti-nuclear protest at Koodankulam had done a serious damage to the entire voluntary sector in India. His statement was further endorsed by very senior leaders of the government in media. The PMO made a statement that the government is ready to reveal records which it claims show how foreign donations were used to give local agitators daily handouts of money, food and liquor. The sentiments expressed by the Prime Minister had gone viral not just in the Indian media but even the media at the global level covered this story which led to the debate that Indian NGOs are misusing the foreign funds and are engaged in anti-national activities.

Sudden volte-face

However, today’s newspaper reports that the government made a sudden volte-face in the Rajya Sabha. In his reply, the Hon’ble Minster of State in PMO, V Narayana Swamy has informed the country that “it has not been proved so far whether that money (foreign money) is being used for the protests. Investigation is on the matter”. It means NGOs have been pronounced guilty without any evidence or investigation. This whole episode has tarnished the image of Indian Voluntary Development organisations not in India but also globally.  The sector which is known worldwide and in India for its innovations, neutrality and highest levels of intellectual input in socio-economic growth became victim of doubts and loss of credibility.

Voluntary sector – an easy target

The voluntary sector has always been the target of the ruling elite whenever any social movement takes place in the country. The first was of the independence struggle in 1857 which resulted in the formulation of Societies Registration Act of 1860 which is still operational in its timeworn form.  In this country the more professional and well defined Indian Companies Act has come for private sector with the exclusive Ministry as its sounding board, but nothing of that sort for the development organisations. The clause of “Political Activities” has been incorporated in the Foreign Contribution Act, 2010. This act is the only Act in the country which is regulatory in nature (as compared to FEMA for private sector) and managed by Home Ministry in most secretive way. Needless to say that original FCRA was the punishment given to India Voluntary Organisations for participating in Jay Prakash Movement in 1976.The Voluntary Sector was forefront in the country in articulating the voice of people which included those of uneven economic benefits, widespread corruption in the system, heavy degradation of natural resources and depleting quality of life of urban and rural poor.  So the history of such social movement gifted the sector with more restricted Income Tax Act, where in by amendment in 2008, all those who speak and ask question were debarred from raising funds by redefining section 2(15). The sector 2(15) of the Income tax Act defines the charitable organisations which can get Income Tax relief, any by amending it government put all of the development organisations in the category where no business like activity even if it is in line with charitable purpose is allowed. Undoubtedly, the new FCRA of 2010 came as the additional gift for speaking for poor in the country. Not only these Indian voluntary organisations have to take clearance from at least three ministries, namely, External Affairs, Home and undefined nodal ministry if they want to invite any person from foreign country.

Today public bashing of voluntary development organisations has become a  fashion as one can go scot-free after making any statement in public domain. The above regulatory changes and practise weaken the voluntary sector, important pillar of Indian democracy.  The implications of above changes are more disastrous at the grassroots.  Whenever there is any Maoist attack NGOs are blamed without any evidence.  This results not only in questioning the credibility of the sector but also stringent implementation of restrictive laws. The VOs in Northeast are forced to report quarterly about their work to the local police. It is still worse in Chhattisgarh where they are supposed to report daily to local police and they have to give a written undertaking that they will not raise voice against any corruption in implementation of national or state laws.  The voluntary development organisations are the only institutions in the country where police comes at the door to investigate. The logic of “Natural Justice is not followed as far as dealing with VOs is concerned. The law of natural justice, on which our system is based, says one is innocent unless proven guilty, whereas for VOs it is the other way where one is guilty unless proven otherwise.  There has been unfortunate tradition of using police and Income Tax to silence the voice of dissent in our country and the latest victim is the voluntary sector. This systematic approach of last few years of creating fear psychosis among VOs has resulted in deafening silence today. There has been recent development which would have otherwise attracted the response from the voluntary sector, but no one has spoken anything.There is no significant social movement after ‘Anna Movement” which resulted in numerous income tax notices. No talk of dangerous technology after FCRA threats.

True spirit of partnership is critical to a robust democratic framework, not threats and attacks

As citizens of the most respected democracy in the world we expect that protest and the space to raise question is the basic fundamental right given by the Indian Constitution.  We do expect that rather than attacking the sector, government must reinforce the relationship of partnership and make an enabling environment wherein genuine organisations can continue to contribute in nation building without any fear.  The time has come to demonstrate the maturity of socio-political system whereby political, business and civil society works hand in hand to make India a better place to live.
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Author: Harsh Jaitli, CEO, VANI