NGOs are known to be strengthening democracy, participatory governance and public service delivery system. However few Non Governmental Organisations put debilitating impact on democracy, national security and sovereignty of our Nation. In this context critically analyse the Acts and provisions in place to regulate various activities of NGOs.
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Non-Governmental Organizations (NGOs) are entities which function outside the government sector but deals with subjects that are of social, political and economic significance.
Role of NGOs:
1- They brings in accountability and transparency
2- Acts as human rights watchdog in the society
3- Plays a prominent role in the developmental process
4- Carries in-depth analysis of topics of public importance and influence government policies.
Ill intended activism of NGOs is of great concern:
1- National security: Many NGOs in Assam and Mizoram are accused of sheltering insurgents
2- Leading NGOs have been accused of providing resistance against development projects. Eg. Green Peace International accused of undertaking protests against thermal power, nuclear power project etc.
3- Allegations have been made of using foreign funds in order to use it for conversion activities. Eg. The CBI has registered a case against a Chennai based NGO.
Provisions in place to regulate various activities of NGOs:
1- Foreign Contributions Regulations Act (FCRA): To regulate foreign financial aid, protects national sovereignty and prevents misuse of fund.
Issues: Stringent registration process, impacts smaller NGOs more than the larger ones, arbitrary use of this act is done to curb dissent.
2- NGOs under Right to Information (RTI): Upholds accountability, since NGOs possess public fund, the public has the right to know its usage, questions raised on the integrity of NGOs could be effectively decimated.
Issues: This law could be abused to curb dissent, may deter individuals to start any NGO etc.
3- Niti Aayog’s DARPAN portal: NGOs must have to register here to get fund from different ministries/departments and PAN is interlinked with it. This will bring in transparency.
Issues: If Aadhar-PAN linkage is not done than grants in aid from ministries wouldn’t be provided which in turn impacts governance of these NGOs.
4- Labour Laws: Any NGO employing more than 20 employees must comply with the Employee Provident Fund. This provision is a safeguard for people working for that NGO.
Issues: Increases financial burden on NGOs who work normally under financial crunch situations.
5- Other laws that NGO should comply with are GST laws, Accreditation framework of NITI Aayog etc.
There is a need for reforms which should be undertaken by NGOs but it doesn’t mean the government should undervalue NGOs. A sense of co-operation between Government and NGO is the need of the hour for the social, political and economic development of India.
Also mention society registration act and trust act and section 25 companies under which NGOs are registered. A large section of NGOs are not registered, that itself is a cause of concern. All other points, you have mentioned , are very apt.
Threat to national security: i)A NGO was linked to Bhima-Koregaon case exemplifying their link with urban naxalism. ii)Islamic Research Foundation which was involced in terror funding has been banned under Unlawful Activities Prevention Act,1967 Threat to Sovereignty: According to a former PM,stalled projects by foreign-funded NGOs activism leads to degrowth of 2-3 percent of GDP and compromise the authority of the government. Concern: Though direct foreign political funding is banned by FCRA,indirect funding by intermediate organizations located in India has been overlooked in the act. Conclusion:NGOs may not be always seen in a bad light.But adequate institutional framework ensuring accountability of NGOs can be a step in the right direction.
Provisions- Under the ambit of RTI when receiving govt funds, NGO darpan Niti Aayog Overall good answer. Try to put the same points into the format of the question.
Sir i am confused. What does the question demand? Loopholes in laws that enable ngo to carry anti india activities or tight regulation that hinders ngo activities?
@Saswati Sarangi You have to write the loopholes in general, yes from both the perspectives. You have to address the loopholes in conclusion or way forward.
good.
NGOs are termed as watchdogs of the society.They often provide last mile connectivity of all the initiatives of the government.They often work for the rights of the people and environment Ex-Ban on Jallikatu by activism of PETA However,in some cases,the activism of the NGOs has been causing hurdles for the development programmes of democratically-elected government. E.g.IB alleged that for vested interests Kundankalam Nuclear Project was subjected to protests citing safety and environmental concerns.Greenpeace rallied against the allotment of coal exploration licences citing impact on tribal people. Constitutional provisions: It is endorsed by Article 19(1) and Article 43 of the constitution and comes under concurrent list.So.states can also make laws. Present central laws to monitor them- I) Foreign Contribution Regulation Act,2010 II) Foreign Exchange Management Act,1999 Highlights of the laws: •FCRA regulated by MHA provides for ban of foreign funding on the political organizations.It.is to minimize external interference in political arena of the nation. •FEMA regulated by Finance Ministry also oversees the foreign funding and has registered the foreign organizations. Concerns: •The MHA cannot monitor the NGOs registered with FEMA.Two regulatory bodies for same job has led to duplication of effort and inconvenience of tracking. •As most of the organizations are unaccounted, undemocratic and non transparent,FCRA mandates the submission of annual reports of their funding. •The vague definition 'political organizations' and blanket ban on them has led to Government taking advantage of the loophole and labelling any NGO which conducts protests by rallies,strikes and demonstrations to be political organisations,thus disqualifying them from foreign funding. •Some politicians and corrupt people use laundered money to fund their NGOs to clean their public image/gain votes.This hasn't been stopped by the present laws. Way ahead: •Regulation of the NGOs by one ministry(Home Ministry) for better accountability •Periodic audits of their financial statements for transparency. •Mandate a regulatory body/National Accreditation Council for NGOs under the General Financial Rules,2005.
You have covered some relevant points. Good. Give more examples how they are a threat to national security and sovereignty. Terror funding, urban naxalism etc
you did not write the acts,provisions in existence to regulate NGOs. Other points are good.