The Hindu Editorial Analysis- 5th January 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Civil society under siege, in India

Why in News?

A free civic space regulated under constitutionally guaranteed principles is the essence of democracy. India is lucky to have an unusually diverse and vibrant civil society. However, constitutional freedoms are themselves under siege. It will be important to recognise and protect these freedoms by social and political forces who repose their faith in the constitution.

• Civil Society refers to a wide array of organizations, community groups, non-governmental organizations (NGOs), labor unions, indigenous groups, charitable organizations, faith-based organizations, professional associations and foundations – World Bank.
• Globally, the term ‘Civil Society’ became popular in the 1980s, when it started to be identified with non-state movements defying authoritarian regimes, especially in Eastern Europe and Latin America.
• Civil Societies should not be equated to non-governmental organizations (NGOs). NGOs are a part of civil society though they play an important and sometimes leading role in activating citizen participation in socio- economic development and politics and in shaping or influencing policy.
• Civil Society is a broader concept, encompassing all organizations and associations that exist outside the state and the market.

Profiles of Influential Organizations in Civil Societies

• Amnesty International,
• International Trade Union Confederation
• World Wide Fund for Nature (WWF)
• Greenpeace
• The Danish Refugee Council (DRC),
• Reporter without boarder

Role of Civil Societies in India’s Nation Building and Good Governance

• The third sector / civil society organizations promote cooperation between two or more individuals through mutual cohesion, common approach and networking. Democracies inherently encourage such cooperative behavior.
• The Indian Constitution too explicitly recognizes “right to freedom of speech and expression and to form associations or unions” as one of the core rights of its citizens under Article 19(1) and hence encourages formation of civil society groups and community organizations.
• In the current model of economic growth, the voluntary/ civil society sector has been recognized as a key player in achieving equitable, sustainable and inclusive development goals.
• Both the State as well as the market-led models of development have been found to be inadequate and there is an increasing realization that active involvement of the voluntary sector is needed in the process of nation building.
• They are now viewed as partners in progress. Civil society organizations function outside the conventional space of both State and Market, but they have the potential to negotiate, persuade and pressurize both these institutions to make them more responsive to the needs and rights of the citizens.
• Civil Societies play a crucial role in good governance. As India is not a participative democracy but a representative democracy, the government takes all major decisions by itself. Civil Society acts as an interface of interaction between the government and the governed.

What distinguishes Civil Society from NGOs?

Empowering Civil Societies for Good Governance:

• Civil Societies has been widely recognised as an essential “third sector”.
• Its strength can have a positive influence on the state and the market.
• Civil society is therefore seen as an increasingly important agent for promoting good governance like:
  • Transparency,
  • Effectiveness,
  • Openness,
  • Responsiveness and

Civil society acts through ‘social capital’— the capacity of people to act together willingly in their common long-term interest. Social capital is strong in a homogeneous, egalitarian society. 

Role of civil societies as promoter of community empowerment and good governance:

• By policy analysis and advocacy;
• By regulation and monitoring of state performance and the action and behavior of public officials;
• By building social capital and enabling citizens to identify and articulate their values, beliefs, civic norms and democratic practices;
• By mobilizing particular constituencies, particularly the vulnerable and marginalized sectors of masses to participate more fully in politics and public affairs; and
• By development work to improve the well-being of their own and other communities.
• Educator of citizens on their rights, entitlements and responsibilities and the government about the pulse of the people.
• Service provider to areas and people not reached by official efforts or as government’s agent.

Types of Civil societies in India:

Classified into following broad categories (as given in 2nd ARC):

• Registered Societies formed for specific purposes
• Charitable organizations and Trusts
• Local Stakeholders Groups, Microcredit and Thrift Enterprises, SHGs
• Professional Self-Regulatory Bodies
• Cooperatives
• Bodies without having any formal organizational structure
• Government promoted Third Sector organizations

Broader classification of all non-government and not-for-profit organizations:

• Civil rights advocacy organizations
• Civil liberties advocacy organizations
• Community based organizations, citizen’s groups, farmers’ cooperatives
• Business and industry chambers of commerce
• Labour unions
• International peace and human rights organizations
• Media, communication organization
• National resources conservation and protection organizations
• Private and public foundations.

 Promoting Civil Societies: India’s National Voluntary Sector Policy of 2007

• National Policy on Voluntary Sector 2007 is a commitment to encourage, enable and empower an independent, creative and effective voluntary sector, so that it can contribute to the social, cultural and economic advancement of the people of India.
• The voluntary sector has contributed significantly to finding innovative solutions to poverty, deprivation, discrimination and exclusion, through means such as awareness raising, social mobilization, service delivery, training, research, and advocacy.
• The voluntary sector has been serving as an effective non-political link between the people and the Government. This policy recognizes the important role that the voluntary sector has to play in various areas and affirms the growing need for collaboration with the voluntary sector by the Government, as well as by the private sector, at the local, provincial and national levels.

Objectives of India’s 2007 National Policy on Voluntary Sector and Civil Societies

• To create an enabling environment for VOs that stimulates their enterprise and effectiveness, and safeguards their autonomy;
• To enable VOs to legitimately mobilize necessary financial resources from India and abroad;
• To identify systems by which the Government may work together with VOs, on the basis of the principles of mutual trust and respect, and with shared responsibility; and,
• To encourage VOs to adopt transparent and accountable systems of governance and management.

Government-Civil Societies Partnership for Inclusive Development:

• The voluntary sector can play an important role in the development process, particularly through community participation.
• VOs can offer alternative perspectives; committed expertise; an understanding of the local opportunities and constraints; and perhaps most importantly, the capacity to conduct a meaningful dialogue with communities, particularly those that are disadvantaged.
• It is therefore essential that the Government and the Voluntary Sector work together. Where feasible, such partnership may also include other entities such as panchayati raj institutions, municipalities, academic institutions, and private sector organizations.
• Partnership between Government and VOs implies identifying shared goals and defining complementary roles. It must be based on the basic principles of mutual trust and respect, with shared responsibility and authority.
• This Policy recognizes three instruments of partnership, viz.
• Consultation, through a formal process of interaction at the Centre, State and District level;
• Strategic collaboration to tackle complex interventions where sustained social mobilization is critical over the long term; and
• Project funding through standard schemes, all of which are enhanced by the active involvement of civil societies.

How do Civil Societies empower communities and support Good Governance?

• The Indian society has a well-established tradition of philanthropy. While a regime of tax concessions facilitates donations to charitable organizations, there is considerable untapped potential to channelise private wealth for public service. The Government will support and encourage existing, as well as new, independent philanthropic institutions and private foundations to provide financial assistance to deserving civil societies (VOs). It will also promote a dialogue among public and private grantmakers so that they may take advantage of the best practices in grant making and fund-raising strategies.
• Accountability to all stakeholders and transparency in functioning are key issues in good governance. The voluntary sector is expected to set its own benchmarks in these areas. Since VOs vary in their objectives and activities, it would be impractical to expect uniform norms for accountability and transparency. The Government will encourage support organizations, and VO networks & federations to facilitate discussion and consensus building on these issues. It will also encourage such agencies to advise and assist VOs to adopt norms that they find acceptable and useful. The Government will recognize excellence in governance among VOs by publicizing best practices.
• Training is a crucial requirement for people working in the voluntary sector. However, this is often neglected on account of limited availability of good quality training courses that are reasonably priced. The Government will support and encourage organizations that train aspirants to enter the voluntary sector, as well as those already working in the sector. It will make available physical facilities currently available with its training institutes as a measure of such support.
• Innovation in institutional, technical and social approaches to development problems is an essential ingredient of voluntary action. The Government will encourage and recognize innovative & pioneering work.
• Databases of VOs working in different fields and at different levels are useful for communication within the voluntary sector, as well as between the voluntary sector and the public & private sector. The Government will commission suitable agencies to prepare and update such databases.
• Information on Government policies and programmes is often difficult for VOs to access. The websites of various Government agencies will be re-designed to provide links to key documents and databases, including those related to project funding schemes.
• The Government will encourage involvement of volunteers in public services, such as, at family welfare centers, primary health centers, hospitals, schools, vocational training centers, sanitation campaigns, etc.

Safeguarding Social Capital: Role of Civil Societies according to the 2nd ARC 9th Report

New Legal Framework for Charities in India:

• 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 proposed model legislation should indicate a cut off limit with regard to the annual revenue of a Charity. Organizations having an annual income below this Threshold will have lighter compliance requirements with respect to submission of returns / reports / permission etc. However, if irregularities are detected in their functioning, the organizations will be liable for legal and penal action.
• The government should set up an Inclusive Committee which will comprehensively examine the issue of defining ‘Charity’ and ‘Charitable Purpose’ and suggest measures to “soften” charities-government relationships, particularly in tax matters, ensuring active involvement and collaboration with civil societies.

Case for Accreditation in Voluntary Organisations:

• There should be a system of accreditation / certification of voluntary organizations which seek funding from government agencies.
• Government should take initiative to enact a law to set up an independent Body – National Accreditation Council – to take up this work.