Soft target

The year 2001 may have been declared as the year of volunteers, but the Orissa government has other ideas. Recently, the state finance minister Ram Krushna Patnaik introduced a resolution in the state assembly to curb the powers of some 2,000-odd non-governmental organisations (ngos) operating in the state. "We want the functioning of the ngos to become more transparent by subjecting them to an audit of the Comptroller & Auditor General,' he claimed ( see interview). This has enraged the ngo community, which feels that the state government wants to kill the independent character and effectiveness of the ngos. Representatives of several ngos contacted the state's chief minister Naveen Patnaik but to their utter dismay he was unaware of the move."It is unconstitutional, illegal and unethical,' alleges Banka Behary Dash, an environmentalist.

The resolution, which could become a law during the next state assembly session, says that ngos should be accountable to the state government for the funds received by them as well as for their performance. Another provision of the bill is to strengthen legal and administrative action that can be taken if the ngos are found guilty of misappropriating funds. A policy framework would be evolved to ensure proper accounting of funds. The ngos would be under an obligation to get their auditing done by authorities recommended by the government. Norms will be introduced for development and welfare activities of the ngos and it would be mandatory for them to reveal information pertaining to these activities.
Outrage Officials say that the resolution will help in protecting public interest through proper accounting and auditing of funds given to ngos. "But ngos are already accountable for their conduct under various laws and regulations approved by the Constitution,' says one ngo activist. Any act to control the functioning of the ngos would mean violation of the right to freedom of speech guaranteed under article 19 of the Constitution.

"The resolution violates our basic rights to form associations and work as we like. The state should enter into a dialogue with the ngos before taking any further decision,' says Aditya Patnaik of Antodaya Chetana Mandal, a Mayurbhanj-based ngo. Jagadananda, member-secretary of the Centre for Youth & Social Development, an ngo , questioned the ability of the state government to audit the ngos when it has failed to review the accounts of the state departments in a transparent manner. Sunil Patel of Parivartan, a Kalahandi-based ngo , says that such a resolution violates the laws.

The Foreign Contribution Regulation Act (fcra) makes the ngos receiving funds from international donors accountable to the Union government for their financial conduct. "All ngos registered under fcra submit their audited statement of expenditures to the Union ministry of home affairs. If the state government is having any problem they can ask the details from the ministry. The resolution is nothing but a way to kill our independent nature that makes us more efficient,' concedes Patel.
Role reversal
The ngos allege that the resolution has been introduced to protect the interests of a few greedy politicians in the state. For the last two decades, the role of ngos in the civil society has been changing