Certain
recent actions taken by the Government of India such as de-licensing of
thousands of NGOs upon violation of FCRA rules and regulations, show that it is keen on regulating the sector
to ensure better performance, transparency and accountability on the part of
the NGOs. At the same time, the moves
seem to be also to ensure that the stability & security of the nation, as
well as the development agenda of the democratically elected
government/governments, don’t get derailed due to the activities of the NGO
sector. While some resentment and distrust seems to be building up amidst
sections of the NGO sector as a result of these recent actions of the
Government, Mission AHIMSA (with utmost political neutrality) wishes to
congratulate the Government (especially the present ruling dispensation) for
its bold and rightful initiatives.
Mission
AHIMSA is of the view that in a democratic country like India, providing space
for civil society activities is as much important as creating mechanisms to
effectively monitor and regulate them.
The NGO Sector of India has been roaming freely for a long time and has,
over the years, unfortunately, brought itself to a total mess. Therefore, Mission AHIMSA feels that some
urgent and drastic measures from the side of the Government could do a lot to
cleanse, reform and strengthen the sector, given that those from within the
sector, however clean and upright they be, would be highly reluctant to take
initiatives in the right direction, for a variety of reasons, at least for some
more time. Mission AHIMSA feels that, however, once the Government takes the
right initiatives to revamp the sector (which will be a great boost to the
country’s development), people of this country as well as thousands of honest
social workers and eminent personalities would be there to offer their fullest
support.
Unlike
some Movements, NGOs and Civil Right Activists, Mission AHIMSA fully
understands that when it comes to dealing with a democratically elected
government on such an issue, it doesn’t have the right to raise a demand but at
the same time realizes that, in the larger interests of the nation and its
people, it has the duty and freedom to offer rightful suggestions. So, in
exercise of that duty and freedom to suggest, Mission AHIMSA hereby most humbly
submits, before the NITI Aayog of India, the following 12 broad suggestions (as
mere points, to be pondered, discussed, worked out, decided and accepted for
further action in consultation with the central government, the state
governments and all other stakeholders, in such form and manner as it deems
fit, as per its procedures, will and discretion):
12 Point Agenda
(that could be taken up, fully or in
part, by the Government of India,
to cleanse, reform and strengthen the
NGO sector of the country)
1. Setting
up of a separate ‘Ministry for Management of NGOs & CSR Affairs’.
2. Setting
up of an Accreditation & Regulatory Authority for NGOs (and under it, laws
and procedures to be drawn out and implemented for regulation, categorization
and accreditation or grading of NGOs).
3. Appointment
of Commissioner’s for NGOs at the Central, State and District levels for
administering registration, accreditation, management, monitoring and control
of NGOs.
4. Registration
& control of NGOs to be brought under separate Major and Minor Categories
(to ensure easy creation and applicability of specific laws and clauses to
relevant categories) with the categorization to be based on such factors as:
those undertaking social, charitable and humanitarian activities, those engaged
in religious and spiritual activities, those engaged in environmental and
developmental activities, those engaged in human rights and civil advocacy,
those engaged in educational and medical activities, those engaged in cultural
and sporting activities, those engaged in science, research and technical work,
those which are engaged in political activities , those undertaking
media-centric or information dissemination activities, those undertaking major
commercial activities, those which are purely of the nature of trade unions
such as lawyers’ association and doctors’ club, those which are of the nature
of caste based or gender based groups, those which are part of or affiliated
with international NGOs, etc.
5. Revamping
all existing laws governing NGOs (or drafting and implementing new ones as the
need may be, whether related to Trust or Society or u/s 25 Company) and
developing necessary mechanisms to ensure greater effectiveness, transparency
& accountability in the dealings of NGOs, and to reduce violation of human
rights, exploitation and corruption within them.
6. Taking
steps to ensure availability of social security schemes and at least fixed
minimum wages for all the paid-workers employed (except those who engage as
short-term volunteers) in the NGO sector.
7. Harnessing
and developing the NGO sector (especially those related to social welfare,
health, education, poverty alleviation and infrastructure development) with a
special focus on generation of greater employment opportunities for the rural
poor, unemployed youth, differently-abled persons and senior citizens.
8. Developing
mechanisms to encourage greater collaborations between NGOs and Governmental
agencies (even on lines of PPP models) for effective and meaningful progress
especially in areas of social welfare, rural & urban development, small
scale industries, education and health.
9. Taking
effective steps to encourage and support social entrepreneurs, grassroots
workers, regional NGOs & cooperative societies and collaborating with them
in tackling social problems and ensuring overall development.
10. Taking
steps to ensure that civil society activists and NGOs (except those categorized
to undertake political activity) don’t interfere forcibly with the decision
making rights of democratically elected government representatives (from
Panchayat to Parliament), and also to ensure that they don’t transgress the
freedom accorded to them in any way such that they imperil the peace,
solidarity, stability and security of the Nation.
11. Taking
steps to ensure that trustees/members of the management bodies of NGOs adhere to
certain code of conduct and ethical practices necessary to maintain adequate
financial discipline, human resource management, quality performance,
transparency and accountability.
12. Taking
steps to ensure that all registered NGOs follow prescribed standard accounting
practices and publish their final accounts as well as details of all
significant financial dealings (including all FCRA transactions) in their
websites, within such time and in such form & manner as will be laid out by
law.
