Partnership, Not Policing

The idea of the current civil society is European homespun. Aristotle looked upon civil society as an “association of associations”. From Locke onwards, civil society has been understood as a distinct social sphere, separate from the state. Tocqueville and Putnam conceptualised civil society as a network of associations that safeguard democratic spaces between the state and family. This highlights its role in enabling citizens to participate in governance.

Francis Fukuyama views civil society as a realm of spontaneously created social structures, distinct from the democratic state. This sphere encompasses independent organisations and associations, acting as a bridge between the state and citizens. Civil society organisations have gained prominence in development discourse today.

The idea of civil society in India has its roots in ancient scriptures like the Rig Veda, dating back to 1500 BCE. These texts promoted values of dharma (personal obligations), jeevadaya (humanitarian concern and compassion for all living beings), and voluntarism and philanthropy. During this period, essential services like education, healthcare, and cultural promotion were largely based on voluntary efforts. The state’s role became more pronounced only during the Mauryan Empire, around 300 BCE.

Colonial Era and the Emergence of NGOs

The colonial state was reluctant to acknowledge civil society as a realm of freedom. It instead became interested in co-opting it to legitimise their rule. However, this period also saw the emergence of a strong non-governmental organisation (NGO) sector, which played a significant role in India’s struggle for independence, taking on a political dimension from the 19th century onwards.

Post-Independence Dynamics

The 1960s and 1970s witnessed a strained relationship between civil society organisations (CSOs) and the state. This widened the gap between the rich and the poor; young people from the middle class began to react strongly. Supported by international NGOs, Indian NGOs adopted alternative development models, focusing on village-level initiatives and voluntary land redistribution based on Gandhian principles of socialism. This shift was influenced by the Sarvodaya movement, led by Jayaprakash Narayan, Vinoba Bhave, and their followers, who championed a grassroots approach to social change.

From the 1980s to 2000, CSOs faced increased state control, driven by perceived threats to national sovereignty. The Indira Gandhi government enacted the Foreign Contribution Regulation Act (FCRA) in 1976, aiming to ensure that foreign funds aligned with Indian laws and sovereignty. This move was rooted in concerns, dating back to 1969, about foreign organisations, including alleged CIA involvement, funding certain groups to promote subversive activities.

The landscape shifted in the 1990s following a pivotal meeting between the Planning Commission, chaired by the Prime Minister, and 100 CSOs. This meeting led to a consensus-driven Action Plan, which sought to strengthen government-CSO relations and establish consultative mechanisms. The Plan envisioned CSOs playing two key roles: delivering innovative services and empowering marginalised groups. Despite this newfound cooperation, the credibility of CSOs was later tarnished by several high-profile financial scandals.

Liberalisation and the Rise of the Third Sector

The adoption of neoliberal policies in the 1990s marked a significant shift in the relationship between CSOs and the state. This new paradigm facilitated increased developmental aid from global agencies like USAID, the World Bank, ActionAid, and Oxfam India. As India’s welfare state evolved, the focus transitioned from an ideology-driven support system to a market-friendly welfare policy framework.

Over the past two decades, India’s ‘third sector’ has experienced rapid growth, accompanied by a vibrant political society in some states. CSOs have played a crucial role in analysing policy failures in areas like education, public health, and employment generation alongside ensuring their proper implementation by local bureaucracies. By doing so, CSOs have provided institutionalised leadership to socially and economically disadvantaged sections of rural India.

Globally, civil societies operate within a framework of rules and regulations. In India, a legal framework governs the activities of CSOs and non-profit organisations. Key components of this framework include the Foreign Contribution (Regulation) Act (FCRA), 2010, the Prevention of Money Laundering Act (PMLA), and Section 2(15) of the Income Tax (IT) Act, 1961, which pertains to tax exemption.

Challenges Facing Civil Society

Currently, civil society in India faces significant challenges due to the tightening regulatory framework. Organisations advocating for minority rights are particularly affected. The government employs laws like the FCRA and the Prevention of Money Laundering Act (PMLA), alongside the Unlawful Activities Prevention Act (UAPA), to regulate civil society. The PMLA grants the Enforcement Directorate broad powers to search and arrest citizens, potentially eroding India’s tradition of pluralism.

This emerging situation threatens the country’s progress, as the constitutionally mandated local bodies could effectively partner with grassroots organisations. The potential of this partnership is evident in the management of natural, human, and social resources in various local areas, and increasing accountability and transparency in local governance paving the road for good governance. During the pandemic, civil society’s collaboration with local institutions proved instrumental in delivering public services in states like Kerala.

This partnership is crucial for achieving the goals of Vikshit Bharat. The reservation of seats for women in local bodies is a catalyst for transformative social change, which civil society organisations can facilitate and promote. Networks like the Elected Women’s Representatives Network, supported by CSOs, have been highly effective.

India’s commitment to the Sustainable Development Goals (SDGs) and environmental protection requires partnerships at both global and national levels. Civil society can play a triple role in advocacy, service provision, and facilitation, raising awareness, lobbying, building capacities, and facilitating implementation.

It is imperative for the state to acknowledge the role of CSOs in promoting developmental goals through close partnership. An authoritarian approach may create a rift between the state and CSOs, which would be detrimental to both and the country. However, CSOs are required to follow rules and regulations made from time to time.

Fr. John Felix Raj is the Vice Chancellor, and Prabhat Kumar Datta is an Adjunct Professor at Xavier Law School, both at St. Xavier’s University, Kolkata. Views expressed are personal