Editorial of the Day (5th Jan): Civil Society Under Siege, in India

Context: The final stronghold of Indian democracy is under threat, as the state is seriously challenging the civic space that opposes communalism and champions progressive values.

Introduction

In India, a diverse civil society is essential for democracy, yet constitutional freedoms face challenges. Protecting these freedoms is crucial, especially for groups opposing communalism and supporting secularism, equality for all religions, and citizen welfare alongside economic growth.

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Threat Levels of Attack on Human Rights Organizations in India

Highly Attacked Organisations: Actively fighting against communalism.

• Consequences:
  • Financial: Running out of funds due to attacks and restrictions.
  • Legal: Leaders imprisoned or charged with false accusations.
• Examples: Citizens for Justice and Peace (CJP), Amnesty India, Oxfam, Centre for Equity Studies, and Lawyers Collective.

Moderately Attacked Institutions: Having connections to Adivasi rights movements impacting mining interests.

• Consequences:
  • Operational: Nearly closing due to attacks and harassment.
  • Reputational: Public smear campaigns and accusations.
• Examples: Centre for Policy Research (CPR), ANHAD.

Low-Level Attacks: Organisations not directly involved in anti-communalism but pursuing significant human rights causes.

• Consequences:
  • Harassment: Minor attacks, threats, and online bullying.
  • Censorship: Obstacles to funding, media coverage, and public engagement.
• Examples: Navsarjan (Dalit rights), and Save The Children (child rights).

Instrument Of Legal Attacks

1. Prevention of Money Laundering Act (PMLA):

• Amendment (2019): The broadened definition of “proceeds of crime” enables attacks on NGOs by the Enforcement Directorate (ED).
• Result: Increased investigations and charges of money laundering, potentially leading to imprisonment.

2. Foreign Contribution (Regulation) Act (FCRA):

• Stricting (2010, 2020): Restricted access to foreign funds for NGOs.
• Impact: Over 18,000 organisations lost FCRA licences between 2015 and 2022.
• Central Bureau of Investigation (CBI) empowered: Investigation powers with potentially severe consequences.

3. Domestic Funding Restrictions:

• Income-Tax Act amendments (2020): Mandatory renewal of 12A and 80G certificates every 5 years.
• Donor data accessibility: PAN card numbers are accessible to the Ministry of Finance, enabling potential intimidation of donors.

4. Income-Tax Surveys:

• Data collection: Information gathered can be used by the CBI or Tax Department to file further cases.
• Impact: This creates an atmosphere of fear and uncertainty for NGOs and their supporters.

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