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Showing posts with label NGOs. Show all posts
Showing posts with label NGOs. Show all posts

October 20, 2020

India: On How 736 Sangh Parivar NGOs qualified for government funds, subsidised rations during the COVID-19 lockdown | Sagar - 11 July 2020, The Caravan

The Caravan - 11 July 2020

736 Sangh Parivar NGOs qualified for government funds, subsidised rations during the COVID-19 lockdown

by Sagar 

As of 13 May, at least 736 NGOs affiliated to the Rashtriya Swayamsevak Sangh featured among a list of organisations enlisted by the central government for relief interventions during the ongoing lockdown to control the novel coronavirus pandemic. All these entities come under the umbrella of the Rashtriya Sewa Bharati, which is a registered trust, and works in the fields of education, health and “self-reliance,” according to its website. The RSB’s NGOs are among the 94,662 NGOs which are working as “COVID warriors” with district administrations across the country since the first week of April, and are being monitored by a group of bureaucrats, constituted by the home secretary. Owing to this enlistment, the RSB’s NGOs became entitled to funds from the State Disaster Relief Fund, or SDRF—set up under the Disaster Management Act, 2005 for states to use during a crisis—and for buying subsidised foodgrains from the Food Corporation of India, a central government body.

In an ongoing series, The Caravan tracked the RSS’s relief interventions since the beginning of the lockdown. As demonstrated in the first report, the Sangh, a three-time banned organisation, employs disaster-relief interventions, such as the ongoing pandemic, to gain influence and acceptability for its foundational aspiration—the formation of the Hindu Rashtra. Consequently, the RSB’s organisations’ use of government funds and resources to carry out relief work is significant because the RSS has never publicly acknowledged financial support from any government for its disaster-relief work.

As of 2014, the RSB’s roster included 57,000 social and economic projects which were being executed by at least 928 NGOs registered under its domain. All these organisations are listed on the RSB’s website. The central government’s list of enlisted NGOs is collated on a portal called NGO-Darpan, run by the Niti Aayog, the central government’s planning body. The RSB’s website claims that all its organisations are voluntary and independent, and it is only ideologically attached to the RSS. However, the RSB’s own five-yearly report, last published in 2014, has a section by Bhaiyyaji Joshi, the RSS’s sarkaryawaah, or second in command. Joshi wrote that these sewa bharati units “are independent but being supported and inspired by RSS.” He further noted, “The workers of these organisations are connected with the local RSS pattern … None of the service programmes work with RSS banners though these works are directed by swayamsevaks.” Senior members of the RSB’s organisational hierarchy have held similarly high positions in the Sangh, too.

According to Sankar Das, a bauddhik pramukh—intellectual head—of Assam, the Sangh has “46 national platforms,” which include the RSS’s labour wing, the Bharatiya Mazdoor Sangh and the student wing, the Akhil Bharatiya Vidhyarthi Parishad, among others. It should be noted that there seems to be no consensus among scholars as to the exact number of organisations which come under the ambit of the Sangh. Since the Sangh is neither a registered organisation nor does it pay taxes, this has helped it avoid scrutiny of its finances and those of its affiliates, collectively referred to as the Sangh Parivar. Instead, the mythos of the Sangh is based on its voluntary nature—the RSS’s own literature and outreach has meticulously created and projected an image of an organisation that is “self-reliant” and does not take money from external sources. An oft-repeated refrain is that the RSS raises its money from voluntary members, called swayamsevaks, in the form of a donation known as “gurudakshina”—a gift given to honour a guru.

I spoke to around two dozen RSS members, including those associated with the RSB, from 11 states. Speaking about the Sangh’s funding, one of the RSB’s members gave me a response that the rest of them echoed: “Khud se kartey hain ya kabhi kabhi samaj ke logon se madad mil jati haiWe do it ourselves or sometimes we get help from people in the society. There was no mention of any funding from the government.

In addition, the RSB’s website offers its NGOs to private corporations as “avenues” to spend their CSR funds. In fact, a week into the second phase of the lockdown, the Niti Aayog had “urged” private companies to consider the NGOs registered on the NGO-Darpan portal for their CSR spending. Under the existing law, a private corporation has to spend two percent of its profit on social projects, either through its own non-profit foundation or independently registered non-profit organisations. Earlier, on 23 March, the ministry of corporate affairs had allowed spending on COVID-related activities to be counted as CSR. Consequently, all of the NGOs on the Niti Aayog portal, including the RSB’s, qualified for these CSR funds.

According to a notification by the ministry of home affairs, the decision to engage NGOs and support them with government resources and money was formulated four days after the lockdown began on 25 March. The lockdown, enforced without any assurances on food, wage and shelter security, forced thousands of migrant workers living in the cities to return to their homes on foot, and severely impacted the most vulnerable segments of Indian society. By 28 March, at least 12 lakh migrants were grounded at various state borders after the ministry of home affairs ordered the director generals of police of all states to stop all movement of migrants. On 29 March, to deal with the situation, the government formed 11 “empowered groups” headed by bureaucrats attached to the central government to prepare a “well planned and coordinated emergency response” system against the outbreak. One of the empowered groups, EG 6, was headed by Amitabh Kant, the chief executive officer of Niti Aayog. The mandate of the group was “coordinating with the private sector, NGOs and international organisations for response related activities.”

The EG 6’s first meeting, on 5 April, was chaired by Kant, and the subsequent press release said, “CEO NITI Aayog has written to over 92000 NGOs/ CSOs registered on the Darpan portal of NITI Aayog, appealing them to assist the government.” The assistance sought was wide-ranging and included delivery of essential services to vulnerable populations, awareness drives, and community kitchens, among others. The notice also said that Kant had written to “all Chief Secretaries urging them to instruct the local administration at the district level to utilise the physical and human resources made available by NGOs and CSOs.”

Five days later, the prime minister Narendra Modi chaired a review meeting of all the empowered groups, which was also attended by the national security advisor, Ajit Doval, and the principal secretary, PK Mishra. According to the update on Modi’s website, Mishra had suggested that “coordination with NGOs at district level be done to avoid overlaps and ensure efficacious utilization of resources.”

A day after Modi’s review, on 11 April, the Food Corporation of India, which comes under the ministry of consumer affairs, food and public distribution, released a circular on supplying foodgrains to NGOs. The notice stated that “in view of the extraordinary situation … it has been decided that as an one time measure, charitable/non-governmental organizations running relief camps/providing food to needy people may be provided foodgrain … without the need for registration/empanelment with FCI or the need to participate in e-auction.”

Two weeks later, on 25 April, a group of ministers, the highest executive body set up by Modi to monitor the administration’s response system, also held its review meeting. This GoM was formed on 3 February, and was headed by Harsh Vardhan, the union minister for health and family welfare. According to a press release, Kant told the GoM, “These NGOs are supported by the States by allotting funds from SDRF funds and by FCI who is providing the foodgrains at subsidized cost.”

The very next day, Akhilesh Yadav, the president of the Samajwadi Party and a former chief minister of Uttar Pradesh, accused the RSS of receiving food from the government but distributing it as its own relief material. “BJP governments are doing politics instead of working honestly. There is no difference between community kitchen and the storage of RSS in the state. The RSS is claiming the food items received from voluntary organisations and government institutions as its own and then distributing them in the Modi bag to some BJP families.” Yadav is one of the few senior politicians who have publicly criticised the RSS’s relief work during the lockdown. When I posed this allegation to Ramashish Singh, an RSS pracharak—full-time member—based out of Varanasi, he evaded it. He is also a member of the Prajna Pravah, a Sangh affiliate that describes its mission as “incorporating the theme of nationalism in spiritual terms.” Instead, Ramashish told me, “What credibility or legitimacy does Akhilesh Yadav have?”

However, a senior central tax official, who chose to remain anonymous, told me that even though the RSB organisations can recruit volunteers of their choice, including swayamsevaks, to execute their COVID-related programmes and their regular social projects, one cannot rule out the possibility that the government funds given to sewa bharati units were used by the RSS. The RSB’s own annual report of 2014 categorically states that the sewa bharti’s projects are designed and supervised by local RSS administrators, and executed by swayamsevaks, among other members. 

On 4 May, Kant chaired another meeting of EG 6, which included details of the entire plan implemented by the group. A press release about the meeting said, “The EG 6 is monitoring and coordinating with NGO and CSO networks in all State / Union Territories and with 700 District Magistrates in the country on a real time basis to fight the spread of COVID-19. The mobilisation of these 92000 NGOs has resulted in commendable outcomes.” It had details of foodgrains and their prices, for NGOs to procure and distribute. According to the statement, the EG 6 had requested all the chief secretaries “to appoint State-level Nodal Officers to coordinate with all NGOs and resolve their issues apart from leveraging their resources and networks.”

Currently, there is no way to quantify the actual transaction of money between the SDRFs and the government-enlisted NGOs since the disbursals of SDRFs during the lockdown are not in the public domain. The data on the amount of subsidised food sold to these NGOs during the pandemic is also not public.

When I spoke to the national general secretary of the RSB, Shrawan Kumar, and asked him about the funds coming from the government, he denied taking any money from the administration. He said, “I do not know about SDRF.” Kumar said that “all our state units function independently. It’s possible that the state unit knows about it and they are doing it on their own, since all our units work independently.” He agreed that “yes, we got the FCI circular and we told all our state units to use this scheme.” In addition, Kumar said that while he himself had not enlisted the RSB’s NGOs with the government but “RSB is an umbrella organisation. Each state works at its own level. They keep doing things independently; maybe one of them did this.”

While Kumar denied any knowledge of SDRF, D Vijayan, the president of the Kerala unit of the RSB, told me that they had availed of both, the FCI’s subsidised foodgrains and the SDRF. He said “we are waiting for the [SDRF] funds” and had submitted the necessary documentation for the funds to be released to them.

Kumar also insisted that “we are a registered trust and follow all the legal requirements.” Since it is registered, as per the law, RSB units can raise funds from people and private corporations. Its website states: “In order to promote its CSR activities, the company needs to identify social entrepreneurs, self-help groups or an individual from an impact and influence area and support them by impact investment. Rashtriya Sewa Bharti is an impactful avenue for channelizing the corporate CSR resources.”

It should be noted here that in its 95-year history, the RSS has never registered itself. In September 2018, during an  address at the Vigyan Bhawan in the national capital, the RSS chief, or sarsanghchalak, Mohan Bhagwat, gave a rather convoluted reason for why the Sangh is not registered or does not pay taxes. “When the Sangh started, the government was not of independent Bharat. It was 1925. It started and went on like that,” he said. “After Independence also it went on like that. In all the laws after Independence, there was no such law that every organisation has to get itself registered. And by law, the Sangh has a status—Body of Individuals. As per this status, by law, we don’t have to pay tax.”

Irrespective of the lack of a money trail, it would not be amiss to say that the RSB and the RSS are conjoined at more than an ideological level. Rishipal Dadwal, the current vice-president of the RSB, is also a rashtriya sangathan mantri, or national organisational secretary, of the RSS. In February 2019, when the former Samajwadi Party leader Amar Singh donated a part of his family property to the RSB, Dadwal was present during the registration of the property in Lucknow. Until 2018, Parag Abhyankar, the present sampark adhikari, or communication liaison of the Rashtriya Sewa Bharati, had been a prant pracharak –a full-time member who handles state-wide activities—for the RSS’s Malwa prant. The RSS’s state boundaries are different from the union map. An RSS publication titled, Rashtriya Swayamsewak Sangh: Ek Parichay, says that as per the Sangh’s administrative divisions, India has 41 states and seven union territories. 

Kumar told me that his organisation implements social-welfare projects because it is in the “interest of the nation” and part of “Indian culture.” All the two dozen office-bearers of the RSS and the RSB that I spoke to used a similar vocabulary when questioned about the Sangh’s role during disasters. All of them invoked the concept of “sewa”—service—as an essential pillar of the “nation” and “nation-building.” Their notion of “nation” was unerringly conflated with being “Hindu.” Most of them studiously avoided any reference to fundraising for the RSB’s nine-hundred plus NGOs, insisting that “people from the society” chipped in with whatever money and resources they could.

The Caravan compared the database of NGOs enlisted by the government, which is available in the Niti Aayog-run portal, NGO-Darpan, with the list of organisations registered under the Rashtriya Sewa Bharti. The RSB’s website has the details of at least 928 NGOs. Duplication or repeating entries were eliminated by cross-matching emails and mobile numbers from the NGO-Darpan database. A total of 736 RSB’s organisations, spread across 25 states, were found on the Darpan database. Uttar Pradesh, Gujarat, Karnataka and Kerala accounted for the maximum number of RSB’s NGOs enlisted with the government.

This is the second report of a series on the Rashtriya Swayamsewak Sangh’s relief interventions during the COVID-19 lockdown. You can read the first and third report, here and here, respectively.

 Sagar is a staff writer at The Caravan.

January 29, 2020

India: Serving police officer write for RSS journal asking for Ban on foreign funding of all NGOs

CBI ex-acting chief in RSS journal: Ban foreign funding of Indian NGOs

Nageswara Rao is currently Director-General of Home Guards, Fire Services and Civil Defence.

December 14, 2016

India: The Three NGOs whose licence has been cancelled after first being renewed by Govt should sue the government and seek damages

The Indian Express

Three months after 5-yr nod, MHA cancels Greenpeace’s FCRA licence renewal
The Ministry also ordered review of recent renewal of FCRA registration of 13,000 NGOs to look into the possible goof ups of existing rules.

New Delhi | Published:December 14, 2016 7:49 pm

The three NGOs were accused of “prejudicial affecting public interest” of the country and alleged violation of various provisions of FCRA.

In a major flip flop, the Home Ministry on Wednesday cancelled renewal of FCRA licence of Greenpeace India and two NGOs run by activist Teesta Setalvad, three months after “inadvertently” allowing their registration for five more years. Renewal of FCRA licence of Greenpeace India, Teesta’s NGOs Sabrang Trust and Citizens for Justice and Peace stands cancelled with immediate effect, a Home Ministry official said. The Ministry also ordered review of recent renewal of FCRA registration of 13,000 NGOs to look into the possible goof ups of existing rules.

The Home Ministry also ordered a probe by the Computer Emergency Response Team-India to ascertain whether there was hacking of government software systems as there have been several instances where licences of NGOs under scrutiny were renewed automatically. Government ordered that applications of all “red-flagged NGOs will have to be vetted by Joint Secretary handling Home Ministry’s Foreigners Division.

Orders, generated online, renewing FCRA licence of Greenpeace India, Sabrang Trust and Citizens for Justice and Peace stand “null and void” and the licence to these NGOs stands cancelled and they cannot receive foreign funds, the official said. Registration of these three NGOs was renewed for five years in September. While licence of Greenpeace India, Sabrang Trust were cancelled by the government in the past, Citizens for Justice and Peace was put in prior permission category, thus preventing it to receive foreign funds without government permission.

The Home Ministry had seen embarrassing moments two months ago when similar lapses were witnessed in “automatic renewal” of licence of Zakir Naik-run NGO — Islamic Research Foundation — leading to suspension of four officials including a Joint Secretary. Licence of IRF was later cancelled by the government permanently after declaring it as a terror outfit.

The three NGOs were accused of “prejudicial affecting public interest” of the country and alleged violation of various provisions of FCRA.

June 20, 2016

Outraged by complete disregard for eye-witness testimonies: Teesta Setalvad on Gulberg Society verdict

Daily News and Analysis - 20 June 2016

Outraged by complete disregard for eye-witness testimonies: Teesta Setalvad on Gulberg Society verdict

Yogesh Pawar | Mon, 20 Jun 2016-07:00am, dna webdesk

The cancellation of FCRA licence for the NGO Sabrang Trust by the Union Home Ministry and the Gulberg Society judgment which came within a day of each other has brought the focus sharply on civil rights activist Teesta Setalvad. Yogesh Pawar caught up with her to find out her side of the story. Excerpts.

How do you react to the Gulberg society judgment by the special court on Friday?

I'm still processing the whole judgment to come to a considered opinion point-by-point. But I've read and seen the media coverage. On the face of it, I feel completely outraged by the complete disregard for eye-witness testimonies. These were witnesses who actually faced the attack, were injured and stood the test of cross-examination in court. We had 19 very strong 'occurrence witnesses' who pointed out how the mob began building on February 28, 2002 from 9 am and began growing in its fury and strength till 10.30 am. Many said, then DGP PC Pande came and went, many said then joint CP MK Tandon also visited the spot around 10.30 am (the latter's accepted this on record) with a striking force which did not take any action though the 5,000-strong mob began flinging burning tyres and attacking the society. I'm just aghast at why the judge disregarded such voluminous evidence of what transpired between 9 am to 1 pm and why the SIT did not push this case in an ethical way.

And you'd pointed what you're now saying to the court too?

Our senior advocates like SM Vohra, Salim Sheikh, Sadiq Sheikh were there every day making arguments on behalf of the witnesses. 400 pages of such arguments in Gujarati are part of the record as is our argument that then Ahmedabad CP PC Pandey, Joint CP MK Tandon, Assistant CP PB Gondia and Assistant CP (city crime branch) SS Chudasama be arraigned for negligence in duty. We get the feeling that the SIT was out to protect the powerful perpetrators. So there's a sense of disbelief at the judgement. Let's not forget that this was the second worst massacre after Naroda Patiya (where the chargesheet said 97 people were killed while we said 124). Here 69 people were killed. The targeting of Ehsan Jafri needs to be seen in context with his campaigning against the then CM in the Rajkot assembly by-election in February 2002. Yet it seems bizarre that apparently the judegment says nothing happened till 1 pm when Jafri fired at the mob. It appears to me that the judgment is not only diluting what happened but also attempts to turn the narrative around.

So what are you planning to do?

Despite the despair and despondency over the judgement,we've already begun working on our appeal in the matter. And we'll do this independent of the SIT which is anyway going through the motions as mere formality. For example, the public prosecutor for the SIT RC Kodekar did not even argue conspiracy.

The MHA has cancelled the FCRA licence of your NGO alleging several irregularities?

We challenged the MHA/FCRA department’s order suspending our FCRA registration. The MHA has completely ignored our detailed point-by-point response (on June 25, 2015) that Sabrang Trust submitted following the June 5, 2015 'observations' of the MHA/FCRA team subsequent to its on-the-spot inspection of the trust’s accounts from April 9-11, 2015. The order mechanically repeats allegations of FCRA 2010 and FCRR 2011 and clearly shows it has been passed without any application of mind and suffers from arbitrariness.

What about the charge that Rs 50 lakh reimbursed to Sabrang Communications & Publishing Private Limited (SCPPL) were transferred for personal gain?

To begin with, the so-called “transfer” of Rs 50 lakh (between 2006-07 and 2013-14, i.e. 7 years) by Sabrang Trust to SCPPL appears to be exaggerated as it doesn't tally with the trust's audited accounts. The so-called “transfer” was in fact payment by Sabrang Trust to SCPPL towards agreed monthly share of shared actual expenses incurred on office/furniture and fixtures/office equipments/staff. None of this amount was paid to me or Javed (Anand), and no rent's ever been charged to any trust or entity for use of office space from my parents.

Even if you assume the inspection team’s figures are right, it means an average of around Rs. 7 lakh/year or less than Rs. 60,000/month by Sabrang Trust towards shared actual expenses incurred on: staff salaries (9 employees); repair and maintenance of office space; repair, maintenance, upgradation of office equipments (including 12 computers, printers, photocopier, fax machine etc.); electricity bills etc. Nowhere does FCRA, 10 or FCRR, 11 bar an association with FCRA registration from a cost-saving, expenses-sharing arrangement with other association(s), whether registered under FCRA or not.

Some of the coverage around the FCRA licence cancellation has been quite venal?

I know it was a glass of wine a few years ago, it was credit card bills later and it's come to ear buds and sanitary napkins too. Why is the media being so gullible and not questioning what's being said? Since our organisations don't have credit cards, we use personal cards to book air and train tickets for work-related travel. This is done with the consent of trustees and auditors. These expenses are then reimbursed.

As for the wine, books, shoes, medicines, suitcases, haircuts and restaurant meals, they are all paid from independent personal incomes. The Gujarat police deliberately manipulated credit card details from personal accounts to create an impression of misuse of public money. We live in Maharashtra, and not Gujarat where there's prohibition. Why should there be such ruckus over a glass of wine?

You're accused of embezzling funds raised to build a museum to riot victims in Ahmedabad's Gulberg Society?

The museum was just an idea. There was no money/property exchanged. It took six years, after our petition for transfer of the case in May 2002, until 2008, for the SIT to be appointed by the SC. Why did it take so long? In between we thought since no one was coming forward to redevelop the society perhaps we could develop it into a museum. Despite what is being said, even today, if only the Jafris want to make a museum of their own home, who can stop it?

You feel the media isn't doing enough?

The amnesia in the media, particularly some really sick TV channels is terrible. Some TV channels are worse than khap panchayats. Many have approached me to speak and I told them, "Call me and grill me point-by-point on every contentious question and I'll answer it fully without avoiding anything." I am willing for this to be a live show too. But I'm unwilling to subject myself to a pre-mediated lopsided panel discussion, where I have to shout to match the crowd of other voices to be heard. I told this even to my "friends" Barkha Dutt, Rajdeep Sardesai and Vishnu Som, the same thing. It's an irony that some of the loudest top journalists with 5-star lifestyles are judging us?

Why do you think you're being targeted?

Why do you think? See this began in 2004 when Zahira Sheikh turned hostile in the Best Bakery case falsely alleging kidnapping, false affidavits and so on. It was proven that she was lying. I filed another FIR in the Lunawada mass graves case in December 2005. Later we decided to part ways with Raees Khan Pathan following differences. In 2010, when the Zakia Jafri case reached the SC, suddenly Raees Khan was brought forward to complain against me. So in 2011, I was made an accused in the chargesheet first filed six years ago! And they came to arrest me five times. Thankfully the SC intervened and came to my rescue.

Don't you feel concerned about putting yourself in harm's way?

I don't think like that. The attacks on me and the intimidation is not something I wear on my sleeve. Regardless of whether the media and others come ahead to support me, we'll continue to fight. More than 570 families have stood behind us like a rock, the odd Zahira and Raees Khan notwithstanding.

Earlier I was underestimating the threat and felt it was ok to get arrested. It was my lawyer Kamini Jaiswal who warned me about getting arrested by the Gujarat police. "They'll simply finish you. They won't let you come out." I really don't care about the vilification, its always been an area of expertise with fascists, but yes one can't undermine the threat to me and my family.

June 17, 2016

India: The registration of Sabrang Trust cancelled

Hindustan Times

Activist Teesta Setalvad’s NGO registration cancelled by government

HT Correspondent, New Delhi | Updated: Jun 16, 2016 19:21 IST

Activist Teesta Setalvad’s NGO registration has been cancelled by the government. (AFP File Photo)

The central government cancelled on Thursday the registration of Sabrang Trust run by social activist Teesta Setalvad.

The ministry had earlier temporarily suspended the registration of the non-governmental organistaion under the Foreign Contribution Regulation Act (FCRA) that governs the foreign funding of such groups.

The ministry’s order said that during an inspection of the NGO, it emerged that the trust indulged in many activities that were in violation of the FCRA. The home ministry began a comprehensive probe in April 2015 against a number of NGOs including Sabrang.

The ministry said Teesta’s NGO spent an amount of Rs 50 lakh on another company, Sabrang Communications and Publishing Private Limited, which is not registered under the FCRA. The FCRA prohibits activities carried out by Sabrang Communication as self-owned media and publishing company.

Sabrang also transferred an amount of Rs 2.46 lakh from its account designated for receiving foreign funding to its domestic account which again is not allowed and is treated as misutilisation of funding.

“The decision to cancel registration of NGO Sabrang Trust was taken after considering and examining all matters,” a ministry of home affairs source told IANS.

Setalvad and her NGOs are on the forefront of civil society campaign against atrocities committed on Muslims during the Gujarat riots of 2002. Her criticism of the Gujarat government then led by Narendra Modi on the riots issue, resulted in bitter war of word between the activist and the BJP.

June 05, 2016

India: Targeting NGOs to stamp out dissent (Editorial, The Tribune)

The Tribune, Jun 4, 2016, 1:04 AM (IST)

A sign of intolerance
Targeting NGOs to stamp out dissent


Whether the Lawyers’ Collective led by Indira Jaising and Anand Grover has violated the foreign funding regulations will be decided by courts, the action against it is in keeping with Prime Minister Modi's known antipathy towards non-government organisations (NGOs) getting funds from abroad and engaging in “anti-government” activities in the name of fighting for the rights of tribal people and protesting humans rights violations. At a farmers’ rally in Odisha in February this year he voiced his dislike. NGOs, he said, were “robbing and destroying” the nation and “morning and evening conspiring to figure out how to finish Modi, how to remove Modi's government, how to dishonour Modi”. It should, therefore, come as no surprise that the government has suspended Greenpeace India’s licence and put the US-based Ford Foundation on a security watch list. More drastic action, however, was reserved for domestic NGOs, barring those associated with the RSS. It cancelled the registration of nearly 13,470 charities for failing to declare foreign donations.

The Prime Minister's intolerance is more pronounced towards those taking up the cases of the 2002 Gujarat riot victims. Indira Jaising pleads guilty on this count. She has not only helped riot victims but also accused the Modi government of conspiring against Teesta Setalvad to deter her from pursuing the cases of riot victims. More daringly, she has objected to the CBI's failure to appeal against the discharge of Amit Shah in three murder cases. Modi and Amit Shah are not known to take such affronts lightly. To their annoyance, the Lawyers’ Collective was also “provocatively” involved in the cases of IPS officer Sanjiv Bhatt, terrorist Yakub Memon and Greenpeace activist Priya Pillai.

The Modi regime may defend its anti-NGO actions on the pretext of making foreign cash flows transparent. In that case it needs to focus more on money laundering and dollars coming into real estate and stock markets through opaque, legal and illegal channels. NGO protests are legitimate in a liberal democracy. The crackdown, it seems, is meant to tell the civil society activists not to engage in any activities Modi and Shah do not approve of. This is intolerance, pure and simple.

June 02, 2016

India: Modi govts' attack disguised as FCRA violations on leading legal luminary Indira Jaising's NGO days after she spoke at the book release of Gujarat Files by Rana Ayyub

Indira Jaising’s NGO barred from receiving foreign funds for 6 months
The 'Lawyers' Collective' had allegedly received foreign contribution between 2006-07 and 2013-14 and the Home Ministry found alleged discrepancy in the filing of annual returns of the NGO.

http://indianexpress.com/article/india/india-news-india/indira-jaising-ngo-licence-suspended-fcra-home-ministry-tax-filings-2829436/

March 10, 2016

India Under Modi: 'Lawyers Collective' being targeted, responds to allegations of violating FCRA

Lawyers Collective - 10 March 2016

Statement by the Lawyers Collective on allegations of violating the Foreign Contribution (Regulation) Act, 2010

The Lawyers Collective, a human rights advocacy firm headed by lawyer Indira Jaisingh, has issued a clarification on March 10 on issues relating to allegations of violating the Foreign Contribution (Regulation) Act, 2010.
Here is the full text of the statement.
1. The Lawyers Collective (LC) expresses its anger and outrage at reports of alleged violations of the Foreign Contribution (Regulation) Act, 2010 (FCRA) made by the Ministry of Home Affairs (MHA) and circulated by sections of the press and denies the same.
2. LC is a society and public trust registered under the law. LC was founded in 1981, “to protect the democratic rights of citizens guaranteed in the Constitution of India; to provide legal aid and advice; to convene seminars/discussions on legal issues and to campaign for law reforms, which will protect and extend the democratic and civil rights of the people.” Over the last 35 years, LC has been carrying on its activities within the constitutional and legal framework as well as in accordance with the aims and objects stated in its Memorandum of Association.
3. The impact of LC’s work has been tremendous and is recognised the world over, whether in drafting and monitoring the implementation of the Protection of Women from Domestic Violence Act, 2005 or in challenging discrimination against people living with HIV through cases like MX vs. ZY (Bombay High Court, 1997). LC’s legal team has been at the forefront of the battle against section 377, IPC that criminalises same-sex relations, the recognition of transgender identity and rights, as well as ensuring affordable medicines by preserving public health safeguards under section 3(d) the Patents Act, 1970, amongst others. LC has also worked extensively with various Government departments, both at the Centre and in the States on laws, policies and programmes that protect Fundamental Rights and advance the Directive Principles of State Policy, as enshrined in the Indian Constitution.
4. LC has been registered with the MHA for receiving foreign contribution since November 2000 and has been complying with the provisions of the FCRA through reporting, submission and maintenance of accounts.
5. LC states that no notice under FCRA, whatsoever, has been issued to LC, either by MHA or any other Ministry. What it has received till date is a standard questionnaire dated 5th November, 2015, an intimation for inspection of accounts dated 12th January, 2016 and observations/findings of the inspection team dated 29th February, 2016. Nonetheless, sections of the press have been reporting that LC has been served "show cause" notice for violating the FCRA. These reports first appeared in November 2015 and continue to be published till date.
6. In its reply dated 11th December 2015, the MHA itself clarified that “… no show cause notice as mentioned in your letter dated 05.12.2015 has been issued to Lawyers Collective by this Ministry till date and this Ministry categorically denies its involvement and responsibility to the news item published.”
7. LC has fully cooperated with the MHA in providing information sought and in having our books of accounts examined by the inspection team deputed under the FCRA. We are in the process of replying to the observations made by the inspection team, which are totally unsustainable, both in fact and law, within the stipulated period of 30 days.
8. While LC believes in the legal process, it appears that the authorities do not. Contrary to provisions under the FCRA that require information from audit/inspection to be kept confidential, certain officers at the MHA are going out of their way to leak observations of the inspection team, in order to create prejudice and hostility against the LC, even before the legal procedure for inquiry has concluded.
9. In the last one year, the MHA has cancelled FCRA registration of over 15, 000 NGOs in the country. None of their accounts/details were made public, with the exception of Green Peace India and Sabrang Trust and Citizens for Justice and Peace and now, LC. This deliberate and selective disclosure, contrary to the law, speaks volumes about the real motive and intent behind the entire exercise.
10. LC plainly refutes allegations of violations of FCRA and misuse of funds. The foreign contribution received by LC has been used only for the purposes for which the money was received and in line with FCRA and the Rules thereunder. Our accounts are available in the public domain and can be accessed by anyone who wishes to do so.
11. The accusation of paying volunteers to hold dharnas is absolutely misconstrued and baseless. There is no bar in the FCRA on supporting community mobilization or dharnas, which are the very heart of a democratic society. Supporting people living with HIV with food and water, as they stand in the sun demanding protection of their rights is neither political nor illegal, as alleged. Nor is organizing and participating in conferences, which is one of the stated objectives of the organisation.
12. It has been alleged that LC received foreign contribution during 2009-2014 when its Trustee, Ms. Indira Jaising served as the Additional Solicitor General and that this amounts to a violation of FCRA. It is clarified that Ms. Jaising was not a “government servant or employee” as stipulated in section 3 of the FCRA. This is reconfirmed by the fact that the present Attorney General of India has sought and obtained permission to appear in the Supreme Court of India for private parties including the liquor lobby, which he could never have done if he was a government servant or employee as contemplated in law.
13. LC states that it engages in sensitization and advocacy with stakeholders including Members of Parliament (“MPs”) on the need for protection of rights of people living with HIV and other vulnerable groups. Interacting with MPs to make them aware of people‟s needs and concerns is a perfectly legitimate and constitutional activity. It does not amount to “lobbying”. Section 3 of the FCRA prohibits a “member of any legislature” and “political party” from receiving foreign contribution. LC's activities do not fall under any of those categories.
14. It is no exaggeration to say that this is a deliberate and sustained effort to target and vilify LC and its chief functionaries, who are known for their commitment to human rights and liberal values, in the eyes of the public. For over three decades, LC has taken up issues of human rights and justice that are often unpopular with, or disliked by the political establishment of the day. It is no coincidence that in recent times, the founding trustees of LC – Ms Indira Jaising and Mr. Anand Grover, in the course of their professional duties as lawyers, have defended cases of Priya Pillai (Green Peace India), Teesta Setalvad and Yakub Memon that have caused discomfort to many in the current establishment. Ms. Jaising also recently represented Sanjiv Bhatt, the IPS officer from Gujarat demanding an independent investigation by SIT into false and frivolous FIRs lodged against him in the State of Gujarat. There is no doubt that attempts to hound and malign LC is part of the larger clampdown on civil society voices that seek to preserve and protect shrinking democratic spaces in India and zealously guard civil liberties including the right to dissent.
15. While LC will assist and cooperate with the authorities in implementing the FCRA, it will resist and respond to any unfair and unlawful acts to malign the organisation and its functionaries, who remain committed to advancing justice through constitutional means.

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see relevant news reports from the past:

Indira Jaising’s human rights firm Lawyers Collective receives FCRA notice
By BHAVNA VIJ AURORA, ET Bureau | Mar 09, 2016
http://economictimes.indiatimes.com/articleshow/51319265.cms

Notice to lawyer Indira Jaisings NGO for FCRA violation
PTI (November 20, 2015)
http://indiatoday.intoday.in/story/notice-to-lawyer-indira-jaisings-ngo-for-fcra-violation/1/527967.html

February 19, 2015

India: CSDS Prof Madhu Kishwar and her friends want a ban on foreign funding of NGOs

Petition to PM to Ban Foreign Funding of NGOs & Set Up a National Social Service Fund to Support NGOs
http://www.manushi.in/articles.php?articleId=1816#.VOXxasZ64SU