In India today, the current government is fighting an unequal ‘war of control’ with the nation’s voluntary sector. There have been governmental crackdowns on several Non-Governmental Organisations (NGOs), which have been perceived as ‘too critical’ of central policies. The Delhi High Court struck down an order in January 2015 that had restricted the flow of foreign funds to Greenpeace-India. Their fund flow had been truncated because of their alleged involvement in ‘anti-national’ activity. This allegation was rejected by the court. In the same year, the Government of India also tried to restrict the activities of other environmental NGOs of foreign origin, such as the Bank Information Centre, Sierra Club, 350.org and Avaaz, in similar manner.
The Foreign Contribution (Regulation) Act (FCRA) was initially formulated in 1976 by the then Congress-led government. The idea was to control the voluntary sector’s influence in politics by regulating their foreign funds. The Act was strengthened during 2011 by the Manmohan Singh-led government.
The Congress-led United Progressive Alliance (UPA) government had enacted in 2004 various community benefitting legislations such as the Right To Information, Forest Rights Act, Right to Education and the rural employment guarantee Act, which resulted in the National Rural Employment Guarantee Scheme (NREGS). The NGOs apparently played a strong role in swaying public opinion in favour of these policies.
Researchers have indicated that it was post 1975-77 that the NGO, or third sector, strengthened in India, giving voice to the oppressed and also facilitating the influence of NGOs in the political arena. This politicization of some third sector organisations has been the reason behind the current debates in favour of stricter monitoring of civil societies. This has marked the beginning of the conflict between NGOs and the seat of power. It has culminated in the recent passing of the Foreign Contribution (Regulation) Amendment Bill (FCRA), 2020, and the proposed National Council of Social Work (education and practice) Bill, 2020.
The timing of the FCRA amendment, 2020, is surprising as the nation is in the midst of battling the Covid-19 pandemic and has record-high unemployment. NGOs can play a significant role in reaching out to the suffering millions and in publicising and promoting governmental reforms. Four fundamental changes in this amendment are (i) restrictions in transfer of FCRA money to other organisations, seriously restricting the collaboration between organisations; (ii) restriction of administrative expenses to 20%, potentially affecting the salary component of the employees; (iii) every organisation must have their FCRA account in only one State Bank of India branch at Delhi, a retrogressive step in the era of online connectivity and monetary transactions; and (iv) increased power of investigative officers.
Another step taken by the Centre to control the voluntary sector is the recently proposed “National Council of Social Work (education and practice) Bill 2020”, which regulates social work education. Through this bill, the government envisions a National Council of Social Work (NCSW) with a chairperson, a vice-chairperson, and 20 honorary members. This council is supposed to promote ethical behaviour amongst social work professionals.
The idea of regulating social work education goes back to 1980, when UGC formulated a Review Committee on Social Work Education. Till 2000, there are only 60 colleges offering social work courses but a 2015 report indicates that there are around 3.2 million registered NGOs in the country. So it can be easily understood that all the social workers engaged in these organisations do not necessarily possess a degree in social work. Many choose to be involved in the voluntary sector to bring about socio-economic reforms or to maintain an employment option.
With the pandemic and the economic slowdown limiting employment opportunities, the voluntary sector is still employing people through projects. The nation’s unemployment rate was 27.11% amidst the lockdown in May, 2020, compared to the already high 7% before the pandemic.
The recent developments in controlling the voluntary sector and regulating social work education can be counterproductive and scare away genuine professionals interested in engaging with civil societies. The reduction in administrative funds through recent FCRA amendments will limit the salaries of social work professionals. The National Council of Social Work (education and practice) Bill, 2020, can exclude many professionals engaged in the social sector without a social work degree.
The International Monetary Fund (IMF) predicts a 10% contraction in India’s GDP this fiscal. India’s per capita GDP is predicted to fall below Bangladesh in 2020-2021, which shows the damage that the pandemic and lockdown have wrought on the national economy. In these troubled times, the Centre should work cooperatively with the NGO sector to rebuild the nation. National and international project funding can offer new employment opportunities as well as facilitate benefits to the economically marginalised sections of the society.
(Abhiroop Chowdhury is Assistant Professor and Armin Rosecranz is Dean, Jindal School of Environment & Sustainability, O P Jindal Global University, Sonipat)