DEMOCRATIC BACKSLIDING: ON THE STATE WIELDING THE FCRA AS A WEAPON

THE CONTEXT: Recently, the Government of India has cancelled the Foreign Contribution (Regulation) Act (FCRA) licence of the Centre for Policy Research (CPR) less than a year after suspending the FCRA licence. A free civic space regulated under constitutionally guaranteed principles is the essence of democracy, however, the recent instance shows that civil society is under threat in India.

ISSUES:

• Restraining civil liberties: The recent curb of financing of civil society denotes eroding of civil liberties in India. The government has given the justification that CPR publications are similar to current affairs programming which is prohibited for an entity using FCRA funds which is quite unreasonable.
• Curbing dissent and alternate views: As a premier think tank, theCPR has been providing an ecosystem of governance and policymaking where multiple stakeholders through informed debates acts as the hallmark of a democracy. A decision to effectively shut down such an institution by crippling its finances is an indication of curbing dissent and free flow of knowledge and ideas.
• Using FCRA as a weapon: The move also fits into a broader pattern of the state wielding the FCRA as a weapon to silence entities whose work is not aligning to the ruling government like those working on environmental issues, civil liberties, and human rights. The FCRA itself has emerged during the Emergency to address the concern of foreign governments interfering in India’s internal affairs by channelling funds through NGOs. Since then, it has been amended by successive governments, with the provisions becoming more stringent.
• Malign international image: The International Commission of Jurists has raised concern regarding the latest amendment of FCRA in 2020 and denounced it as “incompatible with international law”. It warned that it would “impose extraordinary obstacles on the capacity of civil society actors to carry out their important work”. When the U.S.-based non-profit, Freedom House, in its Democracy Index, downgraded India to an “electoral autocracy”, a reason it cited was erosion of civil liberties. Though, the government is hypersensitive to rankings on international indices, yet unwilling to acknowledge the link between perception and reality.

THE WAY FORWARD:

• Alternate funding: There is a need to promote alternate funding for civil societies through Local Resource Mobilization (LRM) and corporate funding. It can also be done by charitable funding by pooling resources for a more significant impact.
• Enact legislation: The Union Government should draft a comprehensive model legislation covering both Trusts and Societies in lieu of the existing laws on Societies, Trusts, Endowments and Charitable Institutions etc. The government should recognize the importance of a strong civil society for the effectiveness of key laws as Right to Information Act and National Food Security Act.
• Establish system of accreditation: A system of accreditation or certification of voluntary organizations which seek funding from government agencies should be established. Government should take initiative to enact a law to set up an independent body to take up this work.
• Collaboration: It is essential that the Government and the civil societies should collaborate and work together where feasible. Such partnership may also include other entities such as panchayati raj institutions, municipalities, academic institutions, and private sector organizations.
• Stakeholder consultation: There is a need to devise proper consultation through a formal process of interaction at the Centre, State and District level. Stakeholder consultation acts to tackle complex interventions where sustained social mobilization is critical over the long term.
• Transparency and Accountability: Civil society organisations as well should be transparent in their functioning and accountable to the people they serve, to gain their trust and support.

THE CONCLUSION:

The recent shutting off the finances of civil society organisations is an example of civil liberties erosion which tends to amplify the narrative of democratic backsliding. There is a need to promote a vibrant civil society and institution building in the country to protect human rights seeking truth, justice, and reparations.

UPSC PREVIOUS YEAR QUESTION

Q. Can Civil Society and Non-Governmental Organisations present an alternative model of public service delivery to benefit the common citizen? Discuss the challenges of this alternative model. (2022)

MAINS PRACTICE QUESTION

Q. A free civic space regulated under constitutionally guaranteed principles is the essence of democracy.  Examine the statement in light of recent cancellation of Foreign Contribution (Regulation) Act (FCRA) licence of the Centre for Policy Research (CPR).

SOURCE: https://www.thehindu.com/opinion/editorial/democratic-backsliding-the-hindu-editorial-on-the-state-wielding-the-fcra-as-a-weapon/article67762270.ece