GS-2: Development Processes and the Development Industry; GS3: Role of External State and Non-State Actors in creating challenges to Internal Security.

Key phrases - NSA, Civil society, Civil rights, UAPA

Why in news-

NSA’s speech to IPS probationers exhorting them to uphold law.

Analysis:

What did the speech talk about?

• “People cannot feel safe and secure if law enforcers are weak, corrupt and partisan implementation of laws is more important than their legislation
• Quintessence of democracy does not lie in the ballot box. It lies in the laws made by the people who are elected through those ballot boxes
• Wars are no longer an effective instrument for achieving political or military objectives. But, it is the civil society that can be subverted, suborned, that can be divided to hurt the interest of a nation”

What is civil society?

• “Third sector"-after government and commerce-power to influence the actions of elected policymakers; plays crucial role in the good governance. It is interface of interaction between the government and the governed
• Constitutionally civil society is backed by: Article 19(1)(c) which allows the right to form associations, Article 43 to promote cooperatives in rural areas
• Around 29 lakh NGOs are registered across India

Why is it needed?

• Mobilize and channel resources: CSO can leverage strong relationships with communities and ready pool of volunteers and resources
• Provide immediate relief: Just like in any other disaster, civil society can serve as first responders by providing food, ensuring water and sanitation facilities in camps, and distributing protective gear
• Run awareness campaigns: Given the amount of misinformation going around, CSO have a major role to play in building awareness among communities, panchayats, and public representatives
• Holding Government accountable: There are significant corruption risks during times of crisis. Civil society has an important role to play in ensuring funds to tackle the Covid-19 pandemic reach their destination
• Work where state resources are inadequate - Kerala NGO Sastra Sahitya Parishad credited for cent literacy in state

Success:

• According to a reply submitted by the central government in the Supreme Court, a total of approx. 84 lakh people were provided meals across the country during the lockdown-30 lakh fed by NGOs
• NGOs across the country also opened relief or shelter homes for people to take refuge during Covid crisis-40% stayed in NGO camps
• Government has directed the Food Corporation of India to provide wheat and rice to these organizations at the open market sale rates (OMSS) without going through the e-auction process

Why is there spotlight on them?

• Experts have signaled towards a paradox where India promotes FDI but throttles contribution to NGOs-Russia, Hungary did the same in past-1800 NGOs lost license to receive foreign funding in 2019
• Intelligence Bureau, in a report accused "foreign-funded" NGOs of "serving as tools for foreign policy interests of western governments" by sponsoring agitations against nuclear and coal fired power plants and anti-GMO agitation across the country.
• Of all the total funds that are coming, 13% is for contentious issues like religious institutions and awareness campaign.
• Central Bureau of Investigation in its report submitted before the Supreme Court has said less than 10% of the 29-lakh registered NGOs across the country file their annual income and expenditure.

Actions taken by government

• FCRA registration of nearly 19,000 NGOs have been cancelled from 2011 till now and they have been barred from receiving foreign funds
• DAV trust vs. SC brings NGO’s receiving government fund under RTI
• All members of NGO receiving foreign aid to give declaration of not ever being prosecuted for conversion
• FCRA -consolidates laws relating to acceptance and utilization of foreign contribution by individuals or associations-restrict foreign funding detrimental to national interest

Why this hyper-control is problematic?

• Gives government a tool to censor-restricts speech and is incompatible with Shreya Singhal case 2015

• Violates Article 19-forming associations-SC reiterated in 1971 Damyanti Naranga case

• FCRA blocks funding on grounds of national interest which is vague and prone to misuse by government

Way forward

• National Accreditation Council consisting of academicians, activist, retired bureaucrats should be made to ensure compliance by NGO
• Regulatory mechanism to keep a watch on the financial activities of NGOs and voluntary organizations is the need of the hour
• Avoid tussle between Home Ministry and Finance Ministry by bringing the regulation of NGOs under one head
• 65% of populations belong to rural areas. NGOs, therefore, need to operate in rural areas on a bigger scale
• NGOs should use of latest technologies like internet, websites etc., for raising of their funds

Source: Indian Express

Mains question:

Q. Civil society has played a tremendous role in India’s development trajectory since independence. But, there has been a constant friction between the State and civil society. Do you agree? Critically comment. (15 Marks, 250 Words).