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print versionOPEN LETTER
TO
THE HONORABLE PRIME MINISTER OF INDIA
May 8, 2015
Dear Mr. Prime Minister,
We write to you today as members and representatives of Indian civil society organizations and, most importantly as Indian citizens, to express our deep concern at how civil society organizations in general and their support systems, including donors, are being labeled and targeted.
Funds are being frozen, intelligence reports are being selectively released to paint NGOs in poor light, disbursal of funds are being subjected to case-by-case clearance, and their activities are reportedly being placed on ‘watch lists.’ As a result several NGO projects have shut down, donors are unable to support work, and there is an overall atmosphere of State coercion and intimidation in India’s civil society space.
Today, standing in solidarity with India’s most marginalized communities, with the NGO sector and donors who support us, affirmed by the guiding principles of our Constitution – justice, equality and liberty - we address you through an open letter.
As you are aware, NGOs work both in the welfare sector and in empowering people to be aware of and enforce their rights as enshrined in our Constitution. Such action may include questioning and protesting decisions taken by government in many areas. This work is both our right and our responsibility as civil society actors in a democratic nation. Indeed the Indian government acknowledged this. At the Universal Periodic Review of India at the UN Human Rights Council in 2012, the Government spoke of ‘…the Government’s active association with civil society and the increasing and important role that civil society and human rights defenders are playing in the area of human rights.’ Government of India further said that, ‘The media, civil society and other activists have helped the Government to be vigilant against transgressions’.
Many of us receive both Indian and foreign donations in compliance with laws and carry out activities intended to help those marginalized in India’s development. Many of us have partnered with Government, both at State and Central levels, towards many goals - achieving universal education, access to health care, women’s empowerment, and providing humanitarian relief in times of tragedy such as the recent earthquake. We have also worked in pilot projects - some over the years have been scaled up, and others have richly contributed to the policy framework of the Government of India. It should be a matter of pride for any government and a sign of robust people-centric engagement that NGOs and citizens have impacted State policy.
On other issues, your government and indeed previous governments may or may not agree with some of our views. These may include the issue of nuclear power plants, acquiring tribal and other lands, upholding Dalit rights, protecting rights of minorities against the scourge of communalism, protecting rights of sexual minorities, or campaigning for the universal right to food. Yet, we expect that Government protect our right to work and express our views. It does not behoove the Government to label any and every conflicting voice on these issues as ‘anti-national’, ‘against national security’ or ‘donor driven’ and seek to create a public atmosphere that justifies “a crack down on NGOs.†These very words shame any society. ‘Watch lists†and “crack-downs†belong in another age and have no place in a modern democracy.
Your government has raised the issue that some NGOs may not have complied with the Foreign Contribution Regulation Act (FCRA), the law governing receipt of foreign donations in India. We state categorically that we stand fully for transparency and accountability in both government and NGO practice, and it is in fact civil society actors who have fought hard for these principles to be enshrined in all areas of public life. So let us constructively ensure transparency and legal compliance across the vast NGO sector,
including societies, trusts and a range of public and private institutions. However, such efforts cannot be capricious, selective or based on flimsy grounds. At the moment it seems that ‘compliance’ is serving as a garb to actually target those organizations and individuals whose views the government disagrees with, and indeed to monitor and stifle disagreement itself.
There is irrefutable documentary evidence that State action against select organizations has been arbitrary, non-transparent, and without any course of administrative redress. The effect has been to harm important work being done by NGOs at the grassroots and send a signal of threat to civil society. Our concern includes the manner in which many Indian NGOs and international partners have been targeted for different reasons. Thus, civil society organizations in India today find themselves in a situation where the only avenue of redress appears to be through the judiciary. Mr. Prime Minister, this kind of coercive domestic environment being created under your watch does not augur well for the worlds largest democracy that professes aspirations to being a global leader in promoting freedoms and democratic values.
Further, in an increasingly globalized world, where even business interests freely collaborate across national boundaries, to label any individual or NGO that engages with international forums or any donor who supports such NGOs, as ‘anti-national’ is illogical. India is signatory to international conventions and treaties and seeks to adhere to the highest international standards of democracy, liberty, justice and human rights. The Government of India regularly reports at these forums. It is accepted practice that NGOs and civil society actors also present their views at these forums, often disagreeing with the views of their respective governments. Many of us, signatories to this letter, engage in active advocacy at international forums. This upholds the best traditions of global democratic debate, and the right to seek a more just nation and more just world. It is not anti-national to do so. We do not believe that any government can claim that it alone has the prerogative to define what is ‘national interest’. The citizens of this country, who elect the Government into power, are the ultimate stakeholders, and must be allowed to define, articulate and work towards their idea of ‘national interest’ too, whether or not it concurs with the views of the Government.
Mr. Prime Minister, it does your Government no credit to use its power to stifle the rights of individuals or NGOs to legally and freely associate, to work with communities, to receive donations to do such work, and to express their views on a range of issues that directly affect our country and its people. An atmosphere of hostility against civil society actors in a democracy, and the uncertainty and insecurity created among communities across the country, can only be to the detriment of our society and the Government.
We therefore ask the Government to:
1. Put an end to coercive actions against NGOs and donors, without reasonable cause or due process, or seek to cripple the ability of these organisations to carry on their legitimate and sanctioned work.
2. Urgently review all orders placing restraints on organizations, and revoke such orders where due process has not been followed by the government, no redress mechanism is clearly stated, and grounds are vague, subjective or flimsy. Those we are currently aware of include, among others, INSAF, Peoples Watch, Sabrang Trust, Greenpeace India, Ford Foundation, HIVOS and ICCO.
3. Initiate an immediate dialogue between the NGO sector and Government to address our concerns going forward. Amend the presently opaque FCRA rules and regulations; ensure complete clarity and transparency on provisions and processes, as well as forums and mechanisms of redress; remove all provisions that are amenable to subjective interpretation; ensure their uniform application to all NGOs, trusts, foundations, and societies.
We look forward to your response and action on these vital issues of national interest.
Yours Sincerely,
ORGANIZATIONS AND INDIVIDUALS ENDORSING THE LETTER
Sl.No. | Name of the Person | Organization Name
- A N Pandey, Gramika India
- Adv. Roma, Human Rights Law Centre
- Ajitha SG, OMON Mahila Sanghattan
- Aleyamma Vijayan, Sakhi women’s resource center
- Amit Narkar, National Centre for Advocacy Studies
- Amitabh Behar, NFI
- Amulya Naik, Odisha Chas Parivesh Surakhya Parishad
- Anil Chaudhary, Popular Education and Action Centre
- Anil Kumar, PWESCR
- Anjali, RTFC†Expanded†Steering†group
- Annie Namala, Centre for Social Equity and Inclusion
- Antoinette Araujo
- Nirmala Samaj Kendra
- Anuradha Kapoor, Swayam
- Anurag
- Samajwadi Jan Parishad
- Arundhati Dhuru, Humsafar
- Ashish Kothari, Kalpavriksh
- Ashok Choudhary, All India Union of Forest Working People
- Ashok Rau, Freedom Foundation†India
- Ashok Sharma, Update Collective
- Astrid Lobo Gajiwala, Feminists India
- Awdesh Kumar, Srijan Lokhit Samiti
- Badal Tah, ANKURAN
- Baitali Ganguly, Jabala Action Research Organisation
- Bharti Ali, IACR
- Bikash Das, COMMITTEE FOR LEGAL AID TO POOR
- Biraj Patnaik, Centre for Equity Studies
- Bondita Acharya, Purva Bharati Educational Trust
- Cedric Prakash SJ, PRASHANT’ (A Centre for Human Rights, Justice and Peace)
- Debashish Shyamal, Dakhin Banga Matsyajeebi Forum
- Debi Goenka, Conservation Action Trust
- Deepa Pohankar, Human and Institutional Development Forum
- Dhruv Mankad, Anusandhan Trust
- Dr Ramesh Awasthi, Mahila Sarvangeen Utkarsha Mandal, Pune
- Dr. Joslin Thampi, Bullock†cart Workers Developmet Association
- Duno Roy, Hazards Centre
- Gabriela Dietrich, Pennurumai Iyyakkam
- Gayatri Buragohain, Foudation for Social Transformation
- Geetanjali Misra, CREA
- George Pattery, Jesuit Residence
- Godfrey DLima SJ, MPSM
- Hari Kishore Bajpai
- National Council for Social Welfare, VANI
- Harsh Jaitli
- Harsh Mander, Aman Biradari
- Hazel D’Lima, Nirmala Niketan
- Hiren Gandhi, DARSHAN
- Ingrid Srinath, Hivos
- Ingrid Srinath, Hivos India Advisory Services
- Jagdananda CYSD
- James Poonthuruthil
- Mathias Institute
- Jashodhara Dasgupta NAMHHR
- Jesuratinam Christy SNEHA
- John J Centre for Education and Communication
- Joseph Xavier Indian social Institute
- Jothi SJ Udyani Social Action Forum
- K Babu Rao Human Rights Forum
- KALYANI MENON†SEN Feminist Learning Partnerships
- Kanchan Chopra Ex†Institute of Economic Growth
- Kavitha Kuruganti Centre for sustainable agriculture
- Kiran Modi Udayan Care
- Kumaran Handloom Protection Forum
- L.SURYA NARAYANA REDDY Grameena Vikas Samithi
- Lisa Ginasci ADM Capital Foundation
- M. Ilango National Fishworkers’ Forum
- Madhurima Nundy India†China Comparative Health Resource Centre
- Magline P Theeraadesha Mahila Samiti
- Makeshwar Samagra Seva
- Mangal Sing Shramik Adivasi Sangathn
- Manju Gardia Jan Jagruti Kendra
- Manoj Jena Human Rights Front
- Mohan Rao National Handloom Federation
- Mridula Bajaj Mobile Creches
- Mukti Bosco Mukti HFF
- Munnilal Vikalp Social Organisation
- Nagendra Kumar Nandi Social Action for Community Alternative Learning
- Nandita Gandhi Akshara
- Nasim Ansari Tarun Chetna
- Navaid Hamid Movement for Empowerment of Muslim Indians
- Neeru Chaudhary Childreach India
- neetu routela Jagori
- Nikhil Dey MKSS
- Nonibala Narengbam Women in Governance †WinG Manipur
- Noor Jehan Bharatiya Muslim Mahila Andolan
- Nupur Centre for Social Justice
- Paul Divakar NCDHR
- Philip Kujur Mines Monitoring Centre
- Prabha Nagaraja TARSHI
- Pradip Chatterjee DISHA
- Prashant Centre for Human Rights
- Priya Pillai Greenpeace
- Prof. Indira Hirway Centre for Development Alternative
- Punit Minz Bhindrai Institute for Research and Social Action
- Rajendra Kumar Pal Ganeswar Club
- Rajiv Agarwal Society for Labour and Development
- Ramesh Chandran Anantha
- Ravi Rebbapragada Samata India
- Razia, IACR
- Richa Singh Wada Natodo Abhiyan
- Roshni K. Nuggehalli, Youth for Unity and Voluntary Action
- S. Srinivasan LOCOST
- S.C. Mishra Bassanta
- Sachin Jain Vikas Samvad
- Sadre Alam, Centre for Community Support and Social
- Sailesh Suyani, Saurashtra Machhimar Sangharsh Samiti
- Samit Kumar Carr, Occupational Safety & Health Association of Jharkhand
- Samith Aich, Greenpeace India
- Sanjeev Kumar, Delhi Forum
- Sanny Bhai, Jesuits in Social Action
- Santhosh Kumar, Dalit Sakti Sanghattan
- Sarojini N.B, SAMA
- Satyam Shrivastava, SRUTI
- Seema Misra, Association for Advocacy and Legal Initiatives
- Seema Prakash, Spandan
- Shafiqur Rahman Khan, EMPOWER PEOPLE & People’s Campaign against Bride trafficking
- Shakil Ahmed, Islami Relief Committee
- Shankar Mahanand, Partners in Justice Concerns
- Sheba George, SAHR WARU : Women’s Action and Resource Unit
- Shivani Chaudhry, Housing and Land Rights Network
- Shripad Dharmadhikary, Manthan Adhyayan Kendra
- Subrat Das, CBGA
- Sudeshnasen Gupta, Alliance for Right to ECD
- Sukla Sen, EKTA (Committee for Communal Amity)
- Suma Philip, Navachethana
- Suman Sahai, Gene Campaign
- Suneeta Dhar, Jagori
- Suresh S, State Convenor, Health Sub†committee, Jana Vignana Vedika
- Sutapa, MAITREE
- Swathi Sheshadri, EQUATIONS
- Syeda Hameed, MWF
- T. Peter, Kerala State Swatantra Matsya Thozhilali Federation
- T. R. Shankar Raman
- Nature Conversation Foundation
- Taruna, Centre for Health and Social Justice
- Ulka Mahajan, Sarvahara Jan Andolan
- Urvashi Butalia, Zubaan
- Usmangani Sherasia, Machhimar Adhikar Sangharsh Sanghattan
- Vijayan MJ, Programme for Social Action
- Vinod Koshy, Tiruvalla Ecumenical and Charitable Trust
- Virendra Vidrohi, Indian Social Action Forum (INSAF)
- Virginia Saldanha, Indian Christian Women’s Movement
- Vishal Talreja, Dream A Dream
- Walter Fernandes, Animation and Research Centre
- William Nicholas Gomes, Human Rights Defender and Freelance Journalist
- Xavier Dias, Khan, Khaneej & Adhikar
- Xavier Manjooran, SHAKTI, Legal Aid and Human Rights Centre
- Abha Bhaiya, Individual
- Agnelo Dias, Individual
- Anil, Individual
- Aruna Roy, Individual
- Aubrey D’Souza, Individual
- Devika Singh, Individual
- Enakshi Ganguly, Individual
- Farah Naqvi, Individual
- Fr. Joe, Individual
- Gagan Sethi, Individual
- Karuna Bishnoi, Individual
- Kate Currawalla, Individual
- Majlis Law, Individual
- Mallika Sarabhai, Individual
- Mira Shiva, Individual
- Nandini Rao, Individual
- Narasimha Reddy Donthi
- Pamela Philipose, Individual
- Poonam, Individual
- Rakhi Sehgal, Individual
- Roshmi Goswami, Individual
- Rukmini Sekhar, Individual
- Sathyasree Goswami, Individual
- Sejal Dand, Individual
- Shankar Singh, Individual
- Shireen Vakil Miller, Individual
- Vani Subramaniam, Individual
- Vidhya Das, Individual
