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Friends,
You may aware that over last couple of months we have been trying to find ways to resolve the issue of mandatory NGO-Darpan registration for NGOs, including FCRA organisations. The Public Notice issued by FCRA division stated that Darpan ID would be required for FCRA registration, renewal, uploading annual returns etc.
Consultation
Some groups came together last month to discuss this issue where it was decided that a representation must be made to the Government highlighting our concerns. It was also discussed at the meeting and realised that the requirement for this mandatory registration does not have any legal basis, at least for the FCRA organisations.
Representation to Government
Accordingly, a representation (see below) was sent with 100 endorsements from various organisations and individuals. The representation also demanded a meeting with the Home Minister but unfortunately the Minister could not meet.
Legal Action
In the meanwhile, we have consulted some senior lawyers and developed legal arguments for challenging this arbitrary and illegal linking of FCRA services with Darpan portal. It is being proposed that a petition should be filed in the Delhi HC to challenge the public notice dated 4th October 2017. We are encouraging civil society organisations to come forward to petition the High Court, individually or collectively. The petitioners can be both non-FCRA registered or FCRA registered organisations.
Partial relief
As learnt from FMSF, Darpan ID is not mandatory for filing annual returns (FC-4) this year. However, FCRA registration and renewal forms now compulsorily require a Darpan registraion.
We will keep you updated on further action, and appeal for potential petitioners to come forward.
Thanks,
Aditya - 9810389569
Anamika - 9560059415
CSO Support Cell
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To,
Hon’ble Minister for Home Affairs,
Government of India,
New Delhi
Minimising Regulation of FCRA-Accredited Civil Society Organisation, so as to conform
to the Government’s Axiom of “Minimum Government – Maximum Governance”
Dear Sir,
Your kind attention is invited towards the MHA recent public notice No.
II/21022/58(119)/2015/FCRA(MU)/ dated 4th October 2017 (copy attached) towards making
mandatory for all existing NGOs having FCRA accreditation and those seeking FCRA
registration/prior permission in the future, to register on NITI Aayog’s NGO-Darpan portal and
generate a unique identification number (UIDN).
We would like to point out that the Foreign Contribution (Regulation) Act and its allied rules
that regulate foreign funding of organisations, do not mandate any requirement for Darpan
registration or UIDN. Civil society organisations are committed to transparency and
accountability, and are already complying with all the legal norms. There is, however, no
conceivable additional advantage of this move and this would only increase the bureaucratic
burden of the government, since all the data required has already been submitted to the
government.
In this regard your kind attention is invited to the following:
1. It is implicit that the portal was set up to create a database of organisations desirous of
seeking Government Funding. Registration of NGOs which FCRA accreditation with the
Darpan portal does not fit the bill and it is not clear if this requirement of is supported by
the law.
2. The government is already in possession of details of NGOs allowed to receive foreign
funding under the provisions of FCRA. Registering and reporting on the Darpan portal
is, therefore, an additional requirement as it increases unnecessary, cumbersome
paperwork both, for the government and the NGOs.
3. There is no formal statement of the government’s objectives for issuing the public notice
and no forum to provide any clarifications, whatsoever. Neither is there any clarity on
grievance redressal mechanism and definition of ‘active members’.
4. Public disclosure on the portal also raises concerns on questions of privacy and the
protection of data on the portal. Besides organisational particulars, the portal also
requires individual details, including Aadhar details – the Constitutional validity of which
is presently being considered by the Hon’ble Supreme Court. Moreover, there are
technical challenges as one member cannot register with more than one organisation.
5. This faux requirement is wholly unwarranted and does not appear to carry the mandate
of law. This stipulation has been created by merely an executive notice which does not
seem to have the requisite statutory backing. Further, there is no statutory backing for
NGO Darpan portal of NITI Aayog too, as it has as well been established by executive
action.
Sir, India already exercises fairly stringent mechanisms to regulate foreign funding of NGOs.
Civil Society Organisations receiving foreign funding already comply with the reporting
procedures with information about the organisations, its chief functionaries, sources of funding,
lists of activities, annual reports and so on.
Considering the government’s resolve of 'Minimum Government, Maximum Governance' and
the recent discourse on the country’s ‘Ease of Doing Business’ ranking, it makes eminent
sense to reduce the regulation on civil society, so as to be in line with the reformist government
thinking and action.
We would like to submit that the forex receipts of civil society organisations should not be
treated with contempt, considering that FDI and FII do not face similar controls. Civil Society
Organisations, including the NGOs having FCRA accreditation are reaching out to vast
sections of people with commitment to improve the quality of their lives.
There is disquiet among civil society organisations over these invasive procedures that can
further contract the democratic space and curtail free and fearless voluntary public action as
guaranteed by the Constitution of India.
It is, therefore, requested that in the light of the foregoing pleas the MHA may please
withdraw its circular ab-initio.
Thanking you,
Cordially yours,
Xxxxxxxxx
Copy to: Vice Chairman, NITI Aayog
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