Voluntary Sector’s appeal to the Prime Minister of
India to prevent misuse of FCRA (2010)
Posted
on May 23, 2013
New Delhi, 22 May 2013
Voluntary
Action Network India (VANI), an apex body of 3500 voluntary organizations
across the country, submitted a letter to the prime minister of India to draw
the attention of Prime Minister for the rampant misuse of Foreign Contribution
Regulation Act against genuine voluntary development organisations of India.
Needless to say here that voluntary sector has been partnering with the Indian
government and marginalised communities to create a prosperous society.
However, since last two years i.e. after the implementationFCRA (2010), it is being used as a
tool of silencing and demining the society movements in the country. VANI draw the attention of the P.M. on certain facts which need
proper investigation these facts are following:
1. Last year almost 4000 registrations were cancelled without informing the
organisations. It was from the website that we came to know about this action.
Eventually it came out that nearly 200 cases were represented with the
department where the records of FCRA department were not updated. These
200 organisations then again submitted their proof of returns and addresses to
plead for their case of innocence. Even today all of such cases are not settled by the FCRA
department where all proof of due diligence by the visits have been submitted
to the department, rather new investigations are initiated to delay the
reversal.
2. As per the provisions of FCRA, if bank accounts of any registered
organisation are freezed or suspended, then investigations have to be completed
in 80 days. These investigations have to be conducted by following the laws of
natural justice, i.e. it has to be timely, with fair chance of listening to
other party, but unfortunately, none of these provisions are being followed. We have cases where
investigations are being carried out since two years. In such cases neither
victim can appeal nor can go to court of law and is kept under permanent
suspension.
3. Surprisingly, there are some
provisions which are left unexplained and unspecified which are being used
against voluntary sector. One
line notices are being issues by sighting such provisions which are neither
explained nor proved by investigations. The case to sight is “working against
national interest”. Even if organisation is working in partnership with Indian
government, within the provisions of national plan of any flag ship project of
national government, above stated reasons are given to freeze their
accounts. Consequently, the victim never gets answer to the crime for which
he is being punished. In fact, victim is neither punished to declare
innocent as investigations are not taken to logical end.
4. Unfortunately, selective
leaks are being made in media about the misuse of foreign funds by the
voluntary sector; on the contrary there is not a single case to prove this
point. We see this as an attempt not only to
tarnish the image of the voluntary sector but also to create fear among the
minds of voluntary sector. No such leaks or accusations are proved ever.
5. Even, international development agencies are not spared. Some of them
are being put under
prior permission category without giving any chance of hearing or event
informing them. Victims of such actions only
get to know about the action of the department through information from the
banks.
6. Misguiding figures about the funds
received under FCRA by the voluntary sector is put in the public domain, whereas
the latest annual report of FCRA department itself indicates that it is only
marginal money out of total funds transferred in the country is for voluntary
sector. The major beneficiaries under FCRA are not voluntary sector but the
religious institutions and corporate academic institutions registered as Not
for Profit Institutions under age old Societies Registration Act, 1860.
VANI as a partner in the development
and nation building and on behalf of all genuine voluntary development
organisations suggested Prime Minister to take following steps:
1. There is an urgent need to inculcate
the accountability on the actions of the FCRA department, by time bound
investigations. We only request that provisions of the FCRA is respected and adhered to.
We request that investigations are completed within the stipulated timeframe
under the law.
2. Unexplained provisions which are used as the weapon to punish the
innocents should be clearly defined. The terms like “national interest”,
“Dharna, agitations”, and “political interest” need clear definition as today
they are used as one-liners to freeze and suspend the registrations. Even
giving information to people on national schemes like NREGS or SSA is
considered as working against the national interest in some cases. We feel that
making people aware about their entitlements under the law of the land should
not be seen as any activity against national interest. Peaceful
demonstration like “satyagraha” or taking small delegation to district
collector is not a violent activity. We urge the proper notification to be issues by the Ministry of
Home Affairs on theses definitions.
3. No certificate or document is issued
by the FCRA department after receiving annual returns from the registered
organisations. The liability always remains with the registered organisation to
beg in front of department to get their records updated. The case of cancellation of 4000 organisations has shown that.
Being managed by Home Ministry, the voluntary organisations do not have
physical access to the officials in the building and there is no provision of
getting acknowledgement or certification. This not only makes voluntary
organisations vulnerable due to uncertainty but also helps touts to misguide
and exploit innocent and law abiding citizens.
4. There is need to make the FCRA department more accessible to the
voluntary organisations by having structured interface. VANI along with FCRA
department planned five regional outreach workshops, but the process was
stopped after two namely South and West. We request you to restart the process and organise the remaining
outreach workshops for North-East, North, and Eastern Region of the country. Such
step not only gives chance to voluntary sector and officials to understand each
other but also builds a relationship of trust.
5. Last but not least we request a joint mechanism between voluntary sector and official of
Ministry of Home Affairs to discuss issues related to not only to FCRA and
other issues of mutual concerns. This
is in line with the “National Policy for Voluntary Sector” prepared and
endorsed by the Government of India in 2007. Such joint mechanism
will also help in developing white paper on the foreign funding into India,
which can clear lots of misconception in the minds of common people.
Through this news we request to all
the National and international media to share this news so it should reach to
the masses and policy makers across the globe.
-Civil Society Now
