GLADSTONE D’COSTA
Laws, like the MVA for example, are designed to regulate society and protect it from infringements. The two mentioned above, do neither, trying to introduce or der where there is no disorder, and exposing the duplicity of the present dispensation. The FCRA goes back to 1976 and was the outcome of a paranoid socialist government that was convinced that the US, through the CIA, and other agencies was out to undermine democracy in India by influencing trade unions and other charitable or ganisations. Since its introduc tion, there have been a number of amendments, with the latest one being most radical. For eign funds are generally routed through NGOs, and the destina tions are of two broad groups; those involved in scientific re search and those involved in religious, cultural, economic, educational and social work. The latter are grouped as “rea sonable activities” and have a financial tag of having used at least Rs. 10 lakh in the preced ing two years.
Let’s examine the scientific research. It is not as if there is a pot of gold in the donor country into which the Indian NGOs can put their hands into and get the required funds. They are the subject of competitive bid ding. The NGO has to submit a detailed proposal giving the aims and objects, the possible outcomes, and benefit to soci ety. Schedules are to be sub mitted with audited progress reports; and funds are often released in stages subject to satisfactory scrutiny. The gov ernment has visions of mak ing India an important port of scientific research; with ini tiatives like the Anusandhan National Research Foundation, and ranking systems. Our best and brightest continue to drift abroad for better working conditions. There, these same scientists produce work that powers the adopted country into international rankings.
In dian institutions, by compar ison, having produced these same scientists, do not figure in the top 100 of any glob al ranking. The details in the current amendments are dis turbing. If a project has been started with foreign funds, it must continue with foreign funds only. The project cannot switch to domestic funds once it is up and running. The NGO that receives the funds cannot share these funds with any other NGO in the event that the first NGO seeks assistance to complete a particular research project; a “regulated transfer” is no longer permitted. Do nors stipulate that any surplus funds remaining after the com pletion of the project, have to be returned; the amendments forbid any such transfer. In view of such frustrations some NGOs abandoned applying for foreign funds and now rely on CSR projects for funds; coping with local greed for release of funds is apparently easier. In the event a registration is cancelled, a “designated au thority” takes over all the as sets of the NGO and disposes of them as it sees fit. The proceeds will be credited to the “Consol idated Fund of India”. There is no scope for appeal even if a failure to renew registration was a result of innocuous hu man error.
Cutting through the fog, it provides an avenue for taking over a church, mosque or any other educational or healthcare institution, and scientific research becomes collateral damage. Compare these amendments with the status that the RSS enjoys. The PM has publicly stated that the RSS is the largest NGO in the world. All the more reason that it should operate in total trans parency and public visibility. It has numerous luxurious build ings and well-equipped offic es, and regularly holds large rallies; but refuses to register itself, publish its accounts, or declare the source of its funds. Its income as computed by the tax department between 1967 to 1976 has ranged from Rs. 15000 to 71000; hardly the sort of sum that can fund such activities. Who owns the build ings and offices? Even tenancy agreements have to be submit ted for police verification. None of the rules that apply to chari table organisations seem to ap ply here.
What’s sauce for the goose is sauce for the gander; except in this case the “gander” is the backbone of the ruling dispensation. Many ministers are members of the organisa tion which provides logistical and political support, to sweep elections. They link themselves to the Hindu faith, and any questions asked are interpret ed as questioning the faith. The present leader, like oth ers before him, is on record for hate speeches; Hindus and Muslims he stated, have been at war for thousands of years. They have sinister plans to increase their population. All references to Mughals are to be erased in history books. Today he says that “if a Hindu thinks that there should be no Muslims in Bharat, he cannot remain a Hindu”. He now prop agates the concept of unity in diversity; an about turn from promoting cow vigilantes and bulldozer policies. It remains to be seen whether this is a temporary phase to counter the PM’s sagging popularity following student demonstra tions or a true change of heart. Twelve states have anti-con version laws.
The provisions of these would have been laugha ble, had it not been such a se rious issue. Mercifully, the Goa government has decided not to present the bill in the assembly. Note that the bill has not been scrapped; merely held in abey ance; presumably till such time the numbers strongly favour independence from Christian MLAs for power. The most outrageous provision was that in a happy interreligious mar riage, a third party could file a complaint that there was a case of forced conversion. The prescribed penalties are out of proportion to the “crime” alleged. The proponents fail to appreciate that there has not been a single conviction for forced conversion on record. It is essentially one more sledge hammer to beat the minorities into submission. The minorities are here to stay.
They have made tremen dous contributions to the pro gress of this country in health, education and social justice. If this country is to become a world power, unity in diversity has to remain the substance of our society. There are enough right-minded Indians who will not permit this country to dis integrate into factionalism and chaos. (The author is the Past IMA Goa State President, founder member and Past President of VHAG, and a past member of the Central Executive Committee of VHAI)

