Afghanistan
Public Policy Research Organization
Patterns of State-Civil Society Interactions in
India: Key Features
July
2015
Project
Report
Acknowledgements
This
study
was
commissioned
by
Afghanistan
Public
Policy
Research
Organization
(APPRO)
as
part
of
a
series
of
research
papers
for
the
Citizens
First:
Improving
human
security
in
Afghanistan
and
Pakistan
project,
funded
by
the
Dutch
Ministry
of
Foreign
Affairs
through
Oxfam
Novib.
About
the
Authors
This
paper
was
authored
by
Anuja
Upadhyay,
an
independent
researcher
based
in
New
Delhi,
India
and
expanded
and
edited
by
Saeed
Parto,
Director
of
Research
at
APPRO.
Anuja
Upadhyay
and
APPRO
would
like
to
thank
all
the
individuals
from
civil
society
organizations
and
governmental
bodies
who
agreed
to
be
interviewed
for
this
research
and
who
generously
shared
information
and
insights
about
the
interface
between
civil
society
organizations
and
the
Government
of
India.
Particular
thanks
go
to
Prachin
Ghodjaker,
Professor
Mondira
Dutta,
and
Professor
Amita
Singh
from
Jawaharlal
Nehru
University.
About
APPRO
Afghanistan
Public
Policy
Research
Organization
(APPRO)
is
an
independent
social
research
organization
with
a
mandate
to
promote
social
and
policy
learning
to
benefit
development
and
reconstruction
efforts
in
Afghanistan
and
other
less
developed
countries
through
conducting
social
scientific
research,
monitoring
and
evaluation,
and
training
and
mentoring.
APPRO
is
registered
with
the
Ministry
of
Economy
in
Afghanistan
as
a
non-profit
non-government
organization
and
headquartered
in
Kabul,
Afghanistan
with
satellite
offices
in
Mazar-e
Sharif
(north),
Herat
(west),
Kandahar
(south),
and
Jalalabad
(east).
APPRO
and
its
individual
researchers
have
undertaken
projects
in
Central
Asia,
Pakistan,
India,
Africa,
China,
and
Turkey.
For
more
information,
see:
www.appro.org.af
Contact:
mail@appro.org.af
Photo:
Indian
Express
(April
3,
2013)
APPRO
takes
full
responsibility
for
all
omissions
and
errors.
2015.
Afghanistan
Public
Policy
Research
Organization.
Some
rights
reserved.
This
publication
may
be
reproduced,
stored
in
a
retrieval
system
or
transmitted
for
non-commercial
purposes
only
and
with
written
credit
to
APPRO,
Oxfam
Novib,
and
the
author(s).
Where
this
publication
is
reproduced,
stored
or
transmitted
electronically,
a
link
to
APPROs
website
at
www.appro.org.af
should
be
provided.
Any
other
use
of
this
publication
requires
prior
written
permission,
which
may
be
obtained
by
writing
to:
mail@appro.org.af
www.appro.org.af
Acronyms
CSO
EVAW
FCRA
MDG
NAC
NBA
NGO
MNRGEA
PWDVA
RTI
SRA
VAW
www.appro.org.af
Civil Society Organization
Elimination of Violence Against Women
Foreign Contribution Regulation Act
Millennium Development Goals
National Advisory Council
Narmada Bachao Andolan
Non-Government Organization
Mahatma Gandhi National Rural Guarantee Employment Act
Protection from Domestic Violence Act
Right to Information Act
Societies Regulation Act
Violence Against Women
Table
of
Contents
Acronyms ............................................................................................................................... 2
Background ............................................................................................................................ 4
Introduction ........................................................................................................................... 8
Objectives
and
Methodology .................................................................................................. 8
CSOs
in
India........................................................................................................................... 9
CSOs
and
Governance
in
India .............................................................................................. 13
Challenges
and
Risks
For
CSOs .............................................................................................. 15
Indian
CSOs
and
Fighting
Corruption .............................................................................................. 15
Indian
CSOs
and
Violence
Against
Women ..................................................................................... 18
Current
Perceptions
and
Status
of
CSOs................................................................................ 20
Perceptions
of
CSOs
in
Governance ................................................................................................ 20
Challenges
for
CSOs........................................................................................................................ 21
CSO-Government
Interface ............................................................................................................ 21
Good
Practices
in
Combating
Violence
Against
Women
and
Corruption ......................................... 22
Conclusion............................................................................................................................ 23
Implications
for
Afghanistan................................................................................................. 24
Recommendations................................................................................................................ 25
Recommendations
for
Fighting
Corruption..................................................................................... 25
Recommendations
for
Fighting
Violence
Against
Women............................................................... 26
Annex
1:
Key
Informant
Interview
Guiding
Questions........................................................... 27
Annex
2:
List
of
interviewees ................................................................................................ 28
www.appro.org.af
Background
The
Citizens
First:
Improving
Human
Security
project
was
designed
to
examine
the
possibilities
for
intensified
and
constructive
engagement
between
civil
society
organizations
and
governments
in
effecting
good,
or
better,
governance
in
Afghanistan
and
Pakistan.
The
project
is
being
implemented
in
close
collaboration
with
local
communities
and
civil
and
governmental
structures
at
the
provincial
and
national
levels
in
both
countries.
The
sites
of
this
project
in
Afghanistan
are
three
districts
from
each
of
the
three
provinces
of
Herat,
Nangarhar,
and
Takhar,
selected
for
their
geographical
and
ethnic
(Hazara,
Pashtun,
Tajik,
and
Uzbek)
diversity
and
based
on
the
available
resources
for
this
project.
The
selection
of
the
districts
within
each
province
included
urban
and
rural
communities
to
reflect
the
widest
possible
economic
diversity
within
each
province.
Table
1
shows
the
provinces
and
districts.
Table
1:
Site
selections
for
Afghanistan
Province
Herat
West
Nangarhar
East
Takhar
North
District
Herat
City,
Guzara,
Enjil
Jalalabad
City,
Behsud,
Surkh
Rud
Taloqan
City,
Baharak,
Fakhar
A
key
concern
for
many
stakeholders
in
Afghanistan
is
that
human
security
is
likely
to
deteriorate
in
the
post-2014
period
due
to
the
decrease
in
development
aid
funding
and
the
economic
contraction
that
is
likely
to
follow.
In
addition,
the
impact
of
this
economic
downturn
will
be
unevenly
distributed
throughout
the
country.
For
example,
since
Afghanistan
is
likely
to
remain
a
net
importer
of
many
goods
for
the
foreseeable
future,
Herat
and
Nangarhar
will
be
less
adversely
affected
economically
than
Takhar
since
both
Nangarhar
and
Herat
will
continue
to
receive
a
steady
and
reliable
flow
of
revenue
from
their
customs
operations,
approximately
220
million
USD
per
year
for
Herat
and
165
million
USD
per
year
for
Nangarhar.
This
compares
to
350,000
USD
per
year
for
Takhars
minimal
customs
operations.1
Provinces
such
as
Takhar
are
likely
to
be
affected
much
more
adversely
with
the
general
reduction
in
development
aid
in
the
post-2014
period.
Given
this
background,
the
Citizens
First
projects
overriding
goal
is
to
establish
how
this
economic
outlook
will
affect
the
Afghan
population
in
each
of
the
three
province
and
what
roles
can
be
played
by
civil
society
organizations
in
ensuring
that
responding
to
the
threats
to
human
security
remain
a
top
priority
for
the
Government
of
Afghanistan
and
its
international
donors.
There
is
a
need
to
ensure
that
the
provincial
government
in
each
province
is
willing
and
able
to
respond
to
the
needs
of
their
communities.
A
key
aim
for
the
Citizens
First
project
is
to
contribute
to
the
creation
of
legitimate,
representative,
and
strong
CSOs
that
can
effectively
and
constructively
engage
governmental
officials
to
ensure
that
citizens
needs
are
served.
As
such,
this
project
will
identity
the
structures
through
which
governance
is
exercised
in
Afghanistan,
the
effectiveness
of
these
structures,
and
the
entry
points
for
strengthening
those
structures
that
best
serve
citizens
and
initiating
change
or
reform
toward
structures
that
undermine
attempts
at
good
governance.
The
ultimate
goal
for
Citizens
First
is
to
increase
the
citizens
trust
in
their
government,
governments
sense
of
responsibility
toward
serving
its
citizens,
and
mutual
respect
by
the
government
toward
the
citizens
and
vice
versa.
1
These
figures
were
furnished
by
a
key
informant
from
the
Customs
Department
of
the
Ministry
of
Finance,
on
January
15,
2015.
www.appro.org.af
Citizens
First
is
funded
by
the
Dutch
Ministry
of
Foreign
Affairs
through
Oxfam
Novib
Afghanistan,
partnering
with
Afghanistan
Public
Policy
Research
Organization
(APPRO)
and
Peace,
Training,
and
Research
Organization
(PTRO)
as
the
Afghan
national
counterparts.
Figure
1:
CSO
/
Government
Interface
in
Citizens
First
Project
An
expected
output
of
the
Citizens
First
project
is
to
devise
a
human
security
model
based
on
the
rule
of
law,
responsive
government,
and
civic
involvement
in
policy
making
resulting
in
good
governance.
This
model,
developed
and
tested
in
Afghanistan,
will
be
expanded
and
further
developed
to
enable
www.appro.org.af
improved awareness by local governments in Afghanistan and Pakistan as a means to increase
government and citizens responsive capacities to resolve conflicts at different scales through peaceful
means. The model will also serve as a monitoring tool for evidence-based advocacy and mutual
accountability between governments and citizens. In Afghanistan, Citizens First has engaged CSOs at the
local / district, provincial, and national levels through training and mentoring on the policy process and
good governance while, at the same time, parallel training and mentoring programs have been carried
out at the Ministry of Agriculture, Irrigation and Livestock (MAIL), Ministry of Education (MoEd), and
Ministry of Economy (MoEc). Figure 1 describes the structure of Citizens First. Throughout 2015,
national and sub-national advocacy committees will be formed to commence activities in support of
food security and access to education in the three target provinces.
This paper is one of a series of papers to examine, and learn from, CSO-government interface in contexts
similar to Afghanistan. This paper focuses on the evolution of CSO-government interface in India. To
ensure currency and availability of data, the two topics selected for this paper are violence against
women and corruption. The analysis in the following sections is based on the available information from
secondary sources such as books, journal articles, and news media and primary data collected through a
series of interviews with key informants in India. The key informants were drawn from governmental
bodies, CSOs, and academics. The frame of analysis in this paper combines policy making, governance,
and institutions as intertwined and embedded processes. The policy process is depicted in Figure 2.
Figure 2: Elements of the Policy Process
Adapted from Ostrom (1999)
According
to
Figure
2,
policies
are
products
of
the
material
and
physical
conditions,
attributes
of
the
community,
the
mode
or
system
of
governance,
the
institutional
context,
and
patterns
of
interaction
between
the
relevant
actors
and
factors.
Figure
2
also
highlights
the
fact
that
all
policy
outputs
cause
www.appro.org.af
and/or
identify
new
problems.
As
such,
a
third
key
proposition
in
Figure
2
is
that
policy
making
is
a
never
ending,
circular,
process
linking
problems
to
policies
in
a
repetitive
feedback
loop.
For
the
Citizens
First
project,
the
focus
of
all
the
activities
is
on
the
institutional
context
and
the
patterns
of
interaction
between
the
relevant
actors
and
factors
(Figure
2).
The
findings
the
case
study
of
India
(this
paper)
and
the
case
study
of
Turkey
need
to
be
examined
for
their
implications
for
formal
governmental
entities
in
Afghanistan
and
whether
and
how
these
entities
interact
among
themselves
and
with
CSOs
representing
community
issues
and
interests.2
The
working
definition
adopted
for
governance
is
the
manner
in
which
a
community
of
interdependent
actors
organizes
itself
/
is
organized.
The
working
definition
for
institutions
in
this
project
is
the
tangible
and
intangible
structures
through
which
governance
is
exercised.
See
APPRO
(2015),
State-Civil
Society
Interactions
in
Turkey:
Retrospect
and
Prospects,
available
from:
http://appro.org.af/state-civil-society-interactions-in-turkey-retrospect-and-prospects/
www.appro.org.af
Introduction
Since
the
late
1960s
civil
society
organizations
(CSOs)
have
been
active
in
governance,
or
governing,
in
relatively
more
democratic
systems
of
government
in
developed
and
less
developed
countries.
The
term
non-government
organization
(NGO)
has
been
used
interchangeably
with
civil
society
organization
(CSOs),
grassroots
organizations,
lobby
or
interest
groups,
major
groups,
and
social
movements.3
CSOs
have
emerged
as
capable
and
mostly
independent
actors
adept
at
fostering
change
and
affecting
political
agendas.
Simultaneously
governance
has
evolved
into
a
broader
notion
than
government.
Governance
is
now
broadly
understood
as
encompassing
the
constitution,
legislature,
executive
and
judiciary
and
all
the
relevant
actors
engaged
in
societal
decision
making
at
different
levels,
territorial
scales,
and
spheres.
Governance
now
involves
different
types
of
interaction
between
government
and
non-government,
formal
and
informal
institutions.4
By
all
accounts
CSOs
have
been
an
inseparable
component
of
governance
in
India
for
a
number
of
decades.
Given
this
long
history,
the
purpose
for
this
paper
is
to
establish
how
Afghanistan
may
benefit
Indias
experience
in
collaborative
modes
of
governance
involving
ongoing
and
active
interaction
between
government
and
civil
society
organizations.
To
this
end,
this
paper
documents
the
diverse
roles
that
CSOs
have
played
and
continue
to
play
in
governance
in
India,
focusing
on
the
two
major
issues
of
corruption
and
sexual
violence
against
women
to
highlight
some
of
the
key
lessons
learned
and
the
potential
for
their
adoption
and
adaptation
for
the
Afghan
context.
CSOs
in
India
emerged
as
community-driven
entities
carrying
out
voluntary
work
for
developmental
programs
and
activities.
Later,
CSOs
became
actively
involved
in
social
movements
to
demand
rights
and
challenge
social
inequities
as
well
as
bring
about
changes
in
public
policy.
Today
CSOs
in
India
are
seen,
and
act,
as
the
link
between
Indian
civil
society
and
the
government
in
a
number
of
key
areas.
This
paper
examines
the
nature
of
the
interface
between
CSOs
and
the
government
in
dealing
with
key
social
issues.
Since
corruption
and
sexual
harassment
have
been
headlining
the
news
from
India
since
late
2013,
the
paper
focuses
on
the
collaborative
work
between
CSOs
and
the
government
on
these
two
issues,
the
challenges
each
face,
and
the
critical
and
instrumental
role
of
Indian
CSOs
in
fighting
corruption
and
combating
sexual
violence.
The
characteristics
of
this
interface
have
important
implications
for
collaboration
between
CSOs
and
governments
on
other
issues
such
as
food
security
and
government
service
provision
in
India
and
beyond.
Objectives and Methodology
The following objectives were set for this study:
3
Civil
society
is
a
term
that
became
popularized
at
the
end
of
the
Cold
War
to
describe
what
appeared
to
have
been
missing
in
state-dominated
societies,
broad
societal
participation
in
and
concern
for
governance,
but
not
necessarily
government.
Civil
society
is
thought
to
be
the
necessary
ingredient
for
democratic
governance
to
arise.
NGOs
are
one
part
of
civil
society.
See:
http://www.beyondintractability.org/essay/role-ngo
4
See
Parto
(2005a).
www.appro.org.af
Establish
the
role
of
civil
society
organization
in
government
decision
making/policy
making
in
India
Document
the
formal
role
allocated
to
CSOs
by
the
Government
of
India
Synthesize
the
key
features
of
the
mode
of
governance
in
India
with
a
focus
on
the
interface
between
CSOs
and
government
Identify
and
document
the
mechanisms
and
legal
provisions
for
dealing
with
corruption
and
sexual
violence
against
women
through
collaborative
arrangements
involving
CSOs
and
the
government,
and
Generate
recommendations
of
best
practices
relevant
to
the
Afghan
context.
The
paper
is
based
on
an
analysis
of
primary
and
secondary
data.
Primary
data
were
collected
from
key
informants
drawn
from
Indian
CSOs,
government
organizations,
and
donor
agencies
working
on
womens
rights
issues,
especially
those
combating
sexual
violence
against
women
and
those
working
on
anti-corruption.
The
key
informants
included
academicians,
lawyers,
womens
rights
activists,
and
government
officials
from
the
administrative,
revenue,
and
law
enforcement
branches
of
government.
The
data
were
gathered
from
February
25
to
March
20,
2014.
Access
to
officials
was
more
limited
than
expected
due
to
the
General
Elections
in
late
2014.
The
secondary
data
sources
included
academic
research
papers,
books,
technical
reports,
laws,
newspaper
articles,
and
websites
of
relevant
organizations.
CSOs
in
India
India
has
had
a
long
history
of
civic
engagement
in
providing
public
and
social
good,
partly
propelled
by
its
cultural
ethos
and
values.
The
sudden
growth
of
organized
voluntary
action
by
civic
organizations
became
manifest
only
after
independence
in
1947,
however.
Since
independence
successive
Indian
governments
have
undertaken
a
number
of
initiatives
to
encourage
voluntary
work
by
civil
society
organizations
to
assist
with
developmental
programming.
Today,
some
CSOs
cooperate
with
the
national
government
to
implement
public
policy
while
others
serve
as
watchdogs
and
monitors
who
can
put
pressure
on
government
agencies
to
uphold
the
spirit
of
the
state's
laws
and
implement
policies
in
accordance
with
stated
objectives.
CSOs
strive
to
raise
the
political
consciousness
of
various
social
groups,
encouraging
them
to
demand
their
rights
and
challenge
social
inequities.
Some
CSOs
serve
as
innovators,
experimenting
with
new
approaches
to
solving
social
problems.5
Rajesh
Tandon
defines
civil
society
as
a
collection
of
individual
and
collective
initiatives
for
the
common
public
good.6
Civil
society
organizations
are
thus
linked
to
public
arenas
where
the
promotion
of
broadly
defined
public
good
is
the
purpose
of
the
interactions
between
civic
organizations
and
the
government.
Public
good
could
be
education,
health
care,
sanitation,
prevention
of
pollution,
protecting
natural
resources,
protection
of
human
rights,
maintaining
peace
and
harmony,
or
simply
the
right
for
expressing
disagreement.
The
broad
definition
of
civil
society
has
three
key
features.
First,
civil
society
is
a
free,
open,
and
accessible
space
for
the
expression
of
ideas,
taking
action,
and
initiating
discussion,
debate,
and
5
6
Pranab
Bardhan,
Our
Self-Righteous
Civil
Society,
XLVI(29),
Economic
and
Political
Weekly,
(July
16,
2011).
Tandon,
R.(2003).The
Civil
Society-
Governance
Interface:
An
Indian
Perspective.
In,
R.
Tandon
and
R.
Mohanty(
Eds.),
Does
Civil
Society
Matter?
Pp.59-76
www.appro.org.af
contestation.
Second,
civil
society
nurtures
movements
for
advancing
various
causes.
In
recent
decades
causes
such
as
human
rights,
womens
rights,
childrens
rights,
tribal
rights,
peace,
and
environmental
protection
have
all
advanced
through
a
variety
of
social
movements.
Protest
movements
against
policies
and
actions
of
powerful
national
and
international
institutions
on
building
dams,
factories,
mines,
and
the
related
dislocations
of
the
affected
communities
are
examples
of
such
movements.
In
all
of
these
examples,
civil
society
actions
as
movements
enable
organized
efforts
at
articulating
the
voices
of
those
who
are
typically
not
heard
by
formal
authorities.
Third,
civil
society
includes
sub-national,
community-
based
structures
such
as
village
councils,
neighborhood
associations,
local
sports
and
cultural
groups,
forest
protection
groups,
voluntary
development
organizations,
advocacy
groups,
and
campaign
organizations.
The
formal
role
and
contributions
of
CSOs
in
governance
in
India
only
came
into
widespread
recognition
in
1991,
when
liberalization
policies
and
economic
reforms
began
to
be
introduced
in
India.
This
turn
toward
liberalization
coincided
with
a
broader,
global
move
from
government
to
governance.7
In
India
the
simultaneous
liberalization
of
the
domestic
market
and
the
international
trade
arrangements
signified
a
shift
from
protective
government
welfare
and
trade
policies
to
open
and
less
strictly
regulated
domestic
and
international
market
and
trade
regimes.
As
with
most
other
countries
undergoing
a
shift
from
government
to
governance,
in
India
this
shift
resulted
in
an
era
of
greater
public
participation
in
governing
through
decentralization
of
power
to
village
councils
or
Gram
Sabhas.8
In
addition,
a
mandatory
quota
for
women
of
half
of
the
seats
in
government
bodies
was
introduced
as
a
means
to
institutionalize
gender
equality
in
government.
In
the
period
since
1991,
India's
urban
middle
classes
have
increasingly
looked
to
CSOs
to
express
their
expectations
and
aspirations
for
governance.
The
educated
middle
class
citizens
were
further
empowered
by
a
series
of
significant
laws
such
as
the
Right
to
Information
Act
(2005),
Public
Disclosure
Law
(2005),
and
Community
Participation
Law
(2005).
The
Right
to
Information
Act
obligates
governmental
bodies
to
provide
timely
response
to
citizens
requests
for
government
information.
The
Act
has
established
the
RTI
Portal
Gateway
for
the
citizens
to
search
for
and
access
government
information
while
various
public
authorities
regularly
publish
information
and
disclosures
on
the
internet
with
open
access.9
The
Community
Participation
Law
(also
known
as
Model
Nagara
Raj
Bill)
was
issued
by
the
Ministry
of
Urban
Development
to
obligate
all
states
to
undertake
reform
programs
for
more
inclusive
engagement
with
CSOs
in
matters
of
governance
with
a
focus
on
the
implementation
of
the
Jawaharlal
Nehru
Jessop,
B.
(1998).
The
rise
of
governance
and
risks
of
failure:
the
case
of
economic
development.
International
Social
Science
Journal
(50:155).
8
Gram
Sabhas
are
village
councils
in
India
which
include
all
the
adult
citizens
of
the
village.
It
is
empowered
to
support
or
topple
down
the
Gram
Panchayat
(local
self-governance
institution).
The
Sabha
can
contribute
to
a
number
of
decisions
taken
by
the
Panchayat
and
can
modify
weak
decisions
whenever
they
want.
The
Panchayat
can
be
established
for
a
village
having
a
population
of
1,000-25,000.
The
villages
having
smaller
populations
are
grouped
under
Gram
Sabhas.
The
member
count
usually
ranges
from
7
to
17
depending
on
the
strength
of
the
village
population.
These
form
various
Committees
on,
for
example,
Agriculture,
Animal
Husbandry,
Public
Works,
Social
Welfare
and
Health
and
sanitation
in
the
village.
9
For
more
information,
see:
http://rti.gov.in/rti-act.pdf
and
http://ccs.in/sites/default/files/files/CCS_6_Public%20Disclosure%20Law.pdf
www.appro.org.af
10
National
Urban
renewal
Mission.
The
main
objective
of
the
Law
is
to
institutionalize
citizen
participation
at
the
lowest
level
of
governance
in
urban
areas.10
Moreover,
the
spate
of
disasters,
both
man-
made
and
natural,
reinforced
the
need
for
partnerships
between
CSOs
and
government
in
disaster
management
processes.
For
example,
CSOs
played
an
active
role
in
providing
humanitarian
assistance
during
in
period
following
the
Bhopal
gas
tragedy
in
1984,
Indian
Ocean
tsunami
in
2004,
and
the
Maharashtra
floods
in
2005
to
name
a
few.11
After
the
Bhopal
tragedy
4
different
NGOs
were
immediately
engaged
in
disaster
management
work.
The
first
disaster
reports
were
published
by
activist
organizations
such
as
Eklavya
and
the
Delhi
Science
Forum.
Around
ten
local
organizations
have
been
engaged
in
disaster
management
since
Bhopal
on
a
longer
term
basis.
Some
of
the
most
active
NGOs
are
Bhopal
Gas
Peedit
Mahila-Stationery
Karmachari
Sangh,
Bhopal
Gas
Peedit
Mahila
Udyog
Sangathan,
Sambhavana
Trust,
and
International
Campaign
for
Justice
in
Bhopal.
The
December
2004
tsunami
resulted
in
the
Disaster
Management
Act
of
2005
after
a
nationwide
consultative
process
between
the
government
and
over
600
CSOs
for
coordinated
action
on
disaster
management.
This
Act
has
provided
the
legislative
framework
and
legitimacy
to
the
state
executive
management
committees
and
district
authorities
to
provide
advice,
assist,
and
coordinate
the
activities
of
NGOs
engaged
in
disaster
management.
The
District
Authorities
are
mandated
to
encourage
the
involvement
of
NGOs
and
voluntary
social
welfare
institutions
working
at
grass
root
level
in
the
districts
for
disaster
management.12
After
the
July
2005
floods
in
Mumbai
the
municipal
authorities
and
CSOs
formed
a
partnership
to
bring
about
inclusive
and
effective
governance
to
prevent
the
repeat
of
such
disasters.
The
NGO
Council,
a
pan-city
citizens'
organization,
comprised
69
CSOs
working
together
for
better
governance
in
Mumbai.
The
NGO
Council
adopted
a
partnership
model
with
the
municipal
authority
of
Mumbai
and
with
other
NGOs
and
government
bodies.
The
role
of
CSOs
in
the
development
process
was
to
serve
as
a
non-
political
link
between
the
people
and
governmental
bodies
and
bring
professional
expertise
to
assist
in
the
government's
efforts.
The
issues
addressed
in
various
meetings
between
the
municipality
and
the
NGO
Council
included
corruption,
accountability,
better
governance,
service
delivery
especially
with
respect
to
cleanliness,
solid
waste
management,
disaster
management,
beautification
of
urban
spaces,
traffic,
management
of
street
vendors,
and
the
management
of
pedestrian
spaces.
Fighting
corruption
was
the
highest
priority
for
the
NGO
Council.13
10
For more details, see:
http://www.civicspace.in/sites/default/files/attachments/Community%20participation%20laws%20-
%20analysis%20by%20Shyam%20Singh%20.pdf.
11
The Bhopal Gas Tragedy was a gas leak incidence in India considered the worlds largest industrial disaster which
occurred on the night of 2-3 December 1984 in the city of Bhopal in Madhya Pradesh at the Union carbide India
Limited pesticide plant. For further details see: http://en.wikipedia.org/wiki/Bhopal_disaster. The Maharashtra
floods of 2005 refers to the flooding of many parts of the Indian state of Maharashtra including large areas of
the metropolis Mumbai in which at least 5,000 people died. Available from:
http://en.wikipedia.org/wiki/Maharashtra_floods_of_2005.
12
For more information about this process see: http://nidm.gov.in/idmc/IDMC_Abstract/D6-
Role%20of%20NGOs.pdf
13
Singh, B. (2013) ORF Issue Brief, Governance, citizens and new civil society in contemporary urban India: Lessons
from Mumbai. Available from:
http://orfonline.org/cms/export/orfonline/modules/issuebrief/attachments/Issuebrief54_1371713087707.pdf.[
Last accessed on 2014 Jan 25]
www.appro.org.af
11
At
the
same
time,
international
funding
agencies
had
been
emphasizing
the
need
for
the
role
of
CSOs
in
governance
of
international
development
globally.
The
current
emphasis
on
the
role
of
CSOs
in
achieving
the
Millennium
Development
Goals
(MDGs)
by
2015
has
formalized
the
inclusion
of
CSOs
in
all
matters
of
global
governance.
The
role
of
CSOs
in
governance
has
evolved
over
the
years
in
India.
Currently,
CSOs
are
engaged
in
the
political
process
for
the
formulation
of
Five
Year
Plans
by
the
Planning
Commission.14
Although
some
budget
had
been
allocated
to
CSOs
(then
known
as
NGOS)
in
the
1980s,
the
actual
recognition
of
CSOs
work
and
contributions
began
in
1998
after
the
eighth
Five
Year
Plan
(1992-
1997).
Similarly,
during
the
eleventh
Five
Year
Plan
(2007-2012)
the
Government
engaged
CSOs
in
consultations
on
the
budget,
seeking
their
inputs,
suggestions,
and
experiences.
Traditionally
CSOs
in
India
have
acted
as
voices
of
the
dominated,
and
often
disempowered,
segments
in
society
to
the
dominant
elements.
Some
view
the
role
of
civil
society
in
good
governance
in
India
in
the
context
of
electoral
processes
and
elections.15
According
to
this
view,
CSOs
should
act
as
a
vigilant
watchdog
and
see
that
corruption
does
not
seep
in
electoral
processes.
The
Indian
elections
are
funded
mainly
by
private
corporations
and
a
candidates
entrance
into
politics
is
mainly
facilitated
by
their
ability
to
secure
funds
for
their
candidacy.
Given
the
high
corruptive
potential
of
these
arrangements,
the
role
of
CSOs
is
to
minimize,
if
not
eliminate,
corruption.
The
role
of
CSOs
is
thus
to
educate
all
concerned
about
the
need
for
the
legislative,
judiciary,
and
legislature
branches
of
the
government
to
be
fairly
representative
since
in
a
democracy
those
who
govern
should
be
drawn
from
all
sections
of
the
society.
Another
view
of
CSOs
in
good
governance
outlines
three
main
contributions
of
CSOs
in
national
development
in
the
context
of
economic
liberalization.
These
are:
1. Innovation:
CSOs
have
been
experimenting
with
new
ways
of
promoting
more
sustainable,
people-centered
development
and
have
been
able
to
develop
methods,
models,
and
equipment
widely
adopted
by
the
state
and
national
governments
as
well
as
internationally.
2. Empowerment:
CSOs
have
been
involved
in
the
empowerment
of
socio-economically
marginalized
and
exploited
sections
of
society.
3. Research
and
Advocacy:
CSOs
have
undertaken
significant
public
education
and
policy
advocacy
initiatives
through
their
own
research
on
women,
tribes,
Dalits
(untouchables),
environment,
education,
and
human
rights.16
According
to
this
view
there
are
linkages
between
civil
society
and
government
in
a
number
of
key
areas
as
follows.
Local
self-governance:
Civil
society
plays
a
meaningful
role
in
ensuring
self
governance
of
public
institutions
that
use
public
resources.
Civil
Society
can
ensure
that
community-based
organizations,
14
The
Planning
Commission
of
the
Government
of
India
formulates
Indias
Five
Year
Plans.
For
more
information
see:
http://planningcommission.nic.in/
15
Oommen,
T.K.
(2003).
Civil
Society
and
the
Role
of
Good
Governance.
In
Tandon,
R.
and
R.
Mohanty
(Eds.),
Does
Civil
Society
Matter?
Pp.125-44
16
Goswami,
D.
and
R.
Tandon
(2013).
Civil
Society
in
Changing
India:
Emerging
Roles,
Relationships
and
Strategies
www.appro.org.af
12
cooperatives,
trade
unions,
sports
associations,
and
the
like
establish
standards
and
norms
of
self-
governance
consistent
with
democratic
principles
and
practices
in
urban
and
rural
areas.
Defining
public
good:
Civil
society
contributes
to
good
governance
through
articulating
definitions
for
and
prioritization
of
public
goods.
It
plays
a
role
in
speaking
for
those
whose
voices
are
likely
to
remain
unheard.
In
India,
civil
society
organizations
have
created
channels
through
which
the
needs
and
concerns
of
Dalits,
tribes,
religious
minorities,
women,
and
children
are
expressed
to
formal
decision
and
policy
making
bodies.17
Influencing
public
negotiations:
The
collective
role
of
CSOs
is
to
shape
public
opinion
for
the
provision
and
protection
of
public
goods
through
community
organization.
Public
goods
may
include
health
services,
education,
womens
rights,
fighting
corruption,
safe
drinking
water,
adequate
sanitation,
transport,
and
employment.
CSOs
participate
in
public
negotiations
in
various
ways
such
as
presenting
perspectives
and
experiences
on
their
own
work
in
a
micro
setting,
monitoring
impact
of
previous
and
related
policies,
and
raising
questions
about
the
larger
public
good
and
how
it
is
protected
or
undermined
through
government
planning
and
budgeting.
As
such,
CSOs
interact
with
the
legislature,
ministries,
and
other
governmental
entities.
Even
though
CSOs
themselves
may
not
be
directly
responsible
for
the
formation
of
policy,
they
play
a
role
in
influencing
it.
Ensuring
state
accountability:
CSOs
interact
with
different
arms
of
the
state
to
ensure
that
they
function
with
accountability
and
in
accordance
to
the
relevant
laws
and
the
constitution.
A
related
of
function
of
CSOs
is
to
hold
the
law
and
order
machinery
accountable.
Other
areas
where
accountability
is
needed
the
mechanisms
through
which
the
large
funds
provided
by
international
development
agencies
are
allocated
and
spent.
Many
CSOs
in
India
also
play
roles
in
bringing
accountability
to
the
functioning
of
political
parties
and
electoral
processes.
Accountability
of
the
private
sector:
Since
private
sector
organizations
and
associations
represent
the
interests
of
their
members
and
participate
in
the
public
arena,
CSOs
often
assume
the
responsibility
of
ensuring
accountability
to
the
public
by
private
sector
interests.
Consumer
protection
movements
and
organizations
protect
the
rights
of
the
consumer
and
counteract
to
initiatives
deemed
as
damaging
to
or
undermining
consumers.18
CSOs and Governance in India
The role of CSOs in governance in India has been evolving and changing with time. CSOs in
contemporary India organize in innovative ways to exert influence on government policy making and
actions. They make effective and elaborate use of the media to bring attention to issues of concern
17
Dalit
a
designation
for
a
group
of
people
traditionally
regarded
as
untouchable.
The
word
Dalit
comes
from
the
Sanskrit
root
dal
and
means
broken,
ground-down,
downtrodden,
or
oppressed.
Those
previously
known
as
Untouchables,
Depressed
Classes,
and
Harijans
are
today
increasingly
adopting
the
term
Dalit
as
a
name
for
themselves.
Dalit
refers
to
ones
caste
rather
than
class
and
applies
to
members
of
low
castes
which
have
born
the
stigma
of
untouchability
because
of
the
extreme
impurity
and
pollution
connected
with
their
traditional
occupations.
As
such,
Dalits
are
outcastes,
falling
outside
the
traditional
four-fold
caste
system
consisting
of
the
hereditary
Brahmin,
Kshatriya,
Vaishya,
and
Shudra
classes.
For
further
detail
see:
http://www.ncdhr.org.in/dalits-untouchability/
18
Goswami,
D.
and
R.
Tandon
(2013)
www.appro.org.af
13
for
their
constituents
and
use
formal
and
informal
mechanisms
within
the
state
machinery
to
disseminate
their
demands
based
on
their
interactions
with
communities.
At
a
formal
level
a
number
of
specific
roles
have
been
delineated
for
CSOs
as
follows.19
CSOs
as
watchdogs:
One
of
the
most
significant
roles
of
CSOs
in
contemporary
India
is
that
of
acting
as
watchdogs
especially
against
human
rights
violations
and
governing
deficiencies.
In
many
ways,
the
Right
to
Information
Act
(RTI)
institutionalizes
the
role
of
CSOs
acting
as
watchdogs.20
Under
RTI
CSOs
have
access
to
information
on
the
basis
on
which
they
can
press
for
accountability
and
transparency
of
the
government.
CSOs
monitor
legislative
processes
and
evaluate
the
impact
of
public
policy
decisions.
CSOs
are
also
in
a
position
to
pressurize
the
government
to
formulate
policies
to
benefit
the
more
vulnerable
sections
of
society.
Of
late,
CSOs
have
been
participating
in
social
audits
and
budget
monitoring
and
analysis.
CSOs
as
service
providers:
CSOs
provide
delivery
of
services
to
areas
and
communities
underserved
by
the
government
due
to
access
or
other
issues.
For
example,
the
Mahatma
Gandhi
National
Rural
Employment
Guarantee
Act
(NREGA)
of
2005,
Forest
Rights
Act,
and
the
Right
to
Food
Act
ensure
at
a
formal
level
that
basic
community
needs
such
as
employment,
food
and
food
security,
and
a
right
to
using
forest
resources
are
addressed.
The
bulk
of
program
implementation
activities
at
the
grassroots
level
have
been
provided
by
local,
community-based
CSOs,
however.
CSOs
as
advocates:
Many
CSOs
are
engaged
in
Planning
Commissions
formulation
processes
of
Five
Year
Plans.
In
2012
a
review
of
the
eleventh
Five
Year
Plan
was
conducted
by
a
consortium
of
voluntary
organizations
after
a
series
of
consultations
at
state
and
thematic
levels.
Various
subgroups
were
created
by
the
Planning
Commission
to
help
draft
the
next
Fiver
Year
Plan.
Since
2009
selected
CSOs
have
been
invited
by
the
Finance
Ministry
for
a
pre-budget
annual
consultation
while
many
consultative
committees
have
been
formed
by
various
ministries
to
seek
structured
input
from
the
voluntary
sector.
CSOs
as
mobilizers
and
campaigners:
CSOs
bring
different
groups
and
individuals
from
different
strata
in
society
together
with
activists,
academics,
and
celebrities.
A
recent
example
of
such
mobilization
is
the
Narmada
Bachao
Andolan
(NBA)
against
an
expansive
program
of
dam
building
along
the
Narmada
River,
displacing
a
large
number
of
people.
The
large
masses
of
people
organized
by
a
number
of
CSOs
managed
to
convince
the
Government
of
India
and
the
World
Bank
(who
funded
the
project)
to
stop
the
program
in
1992.21
CSOs
as
capacity
builders:
CSOs
assist
in
the
formation
of
additional
community-based
organizations
and
provide
capacity
building
for
the
more
nascent
organizations.
CSOs
as
educators:
CSOs
educate
citizens
on
their
rights,
entitlements,
and
responsibilities
while
keeping
the
government
informed
of
the
needs
and
aspirations
of
the
most
vulnerable
segments
of
society.
The
Forest
Rights
Act
is
a
good
example
of
the
educational
role
of
CSOs
in
India.
Based
on
the
information
provided
by
CSOs,
the
Act
gave
the
tribal
population
legal
rights
over
the
forestlands
where
they
had
been
living
for
generations
but
without
legal
ownership.
19
Available
from:
http://orfonline.org/cms/export/orfonline/modules/issuebrief/attachments/Issuebrief54_1371713087707.pdf
20
For
more
details
see:
http://rti.gov.in/
21
For
more
details,
see:
http://nvdatabase.swarthmore.edu/content/narmada-bachao-andolan-nba-forces-end-
world-bank-funding-sardar-sarovar-dam-india-1985-1993
www.appro.org.af
14
Recognizing
the
crucial
role
played
by
CSOs,
the
Government
of
India
has
made
several
attempts
to
regulate
their
activities.
Two
such
attempts
are
the
Societies
Registration
Act
(SRA)
and
the
Foreign
Contribution
Regulation
Act
(FCRA)
in
2010.
Both
legislations
call
for
formal
registration
of
CSOs,
currently
numbering
around
40,000.
Also,
the
government
has
been
much
stricter
of
late
in
registering
new
CSOs/NGOs.
Under
FCRA
a
CSO
license
has
to
be
renewed
every
five
years.
CSOs
must
be
registered
under
both
SRA
and
FCRA.
Challenges and Risks For CSOs
Indian CSOs are faced with several challenges, particularly since the early 1990s. Due to the increase in
funding from foreign governments, international donors and corporations, questions have been raised
about the authenticity, accountability, transparency, intention, and credibility of CSOs involved in
spending large funds. There are worries that the large sums of funding being given to CSOs could have a
corruptive effect on CSOs more concerned with raising large funds than serving civil society. In India, as
elsewhere, many NGOs are fronts for entrepreneurial businesses profiting from development activities.
Also, many CSOs lack organizational capacity to manage funds appropriately.
CSOs are also facing growing pressure from different levels of government, the public, and other
stakeholders to have transparent systems for keeping track of their funding sources, expenditures,
and effectiveness of their activities. Stakeholders are also asking CSOs to provide proof of the
measurable impacts created by their work. Though many CSOs have remained faithful to their initial
mandates serving their communities, many others have become subservient to the needs of their
actual and potential donors. There is suspicion in many communities, and among many government
officials, about the intention of CSOs, the funds they receive, and the ends to which these funds are
put. At the same time, CSOs are vulnerable to intimidation, especially if they receive foreign funding
and/or are engaged in advocacy including challenging government authority.
Since 2007 India's average per capita income rose sufficiently to qualify India as a lower middle-
income country.22 With this change of status, the total amount of development aid from international
sources to India is likely to continue to decrease compared to before. As a result, there has been
mounting pressure on CSOs dependent on international donor funds to find other means of
sustaining themselves. The likely outcome of the change in development funding arrangements
between India and donor countries is closure of many foreign fund-dependent Indian CSOs.
Despite these challenges and issues, there are a number of CSOs in India that have demonstrated
vision, commitment, innovativeness, and capacity to address major social concerns. The next two
sections provide two illustrative examples of the role of CSOs in addressing major issues of concern
to their constituents.
Indian CSOs and Fighting Corruption
CSOs and the Government of India collaborated in devising the Right to Information Act (RTI), the first
instance of participatory law making in India. The formation and formalization of RTI took more than 20
22
Available from: http://timesofindia.indiatimes.com/india/Worlds-poor-move-with-India-into-middle-income-
bracket/articleshow/7165089.cms.[Last accessed on 2014 Feb 10]
www.appro.org.af
15
years
and
a
long
struggle
by
CSOs
rooted
in
the
Majdoor
Kisan
Sakthi
Sangathan
(MKSS)
social
movement.23
The
policy
making
process
started
in
1995,
generating
the
first
draft
of
the
RTI
policy
in
1996,
compiled
by
MKSS
and
the
National
Campaign
for
People's
Right
to
Information
(NCPRI).24
The
campaign
for
RTI
started
in
the
state
of
Rajasthan
as
a
product
of
the
popular
demand
for
a
minimum
wage
for
workers
employed
by
the
government.
The
campaign
attempted
to
grapple
with
the
root
causes
of
and
reasons
for
the
non-payment
of
wages
by
the
government
and
demanded
official
information
recorded
in
government
files
in
rural
areas.
The
need
to
access
government
records
on
wages
was
formalized,
catalyzing
a
general
demand
by
the
people
for
the
"right
to
know".
As
part
of
its
campaign,
MKSS
used
a
variety
of
tactics
to
make
its
demands
known
to
the
government.
These
included
sit-ins,
rallies,
lobbying
the
government,
and
organizing
cultural
events
such
music
festivals
and
street
theater
to
gather
support
and
disseminate
its
message.
A
National
Advisory
Council
(NAC)
was
setup
in
2004
as
an
interface
between
civil
society
and
the
Government
of
India.25
NCPRI
then
submitted
its
recommendations
for
the
RTI
draft
bill
to
NAC
in
2004,
which
endorsed
most
of
them
and
submitted
the
bill
to
the
parliament.
The
Indian
Parliament
passed
the
bill
in
May
2005.
Since
the
enactment
of
RTI
there
has
been
considerable
improvement
in
governance,
dissemination
of
information
by
the
government,
and
involvement
of
civil
society
in
the
policy
making
processes
and
actions
by
the
government.
The
Act
has
created
a
freer
environment
for
the
interface
between
the
government
and
civil
society
and
its
organizations.
The
Act
applies
to
all
constitutional
authorities
including
the
executive,
legislature,
and
judiciary
and
other
entities
established
or
constituted
by
an
act
of
parliament
or
as
a
result
of
state
legislature.26
As
such,
the
Act
contributes
to
efforts
to
enforce
effective
implementation
of
other
laws
and
policies.
Case
studies
and
media
reports
show
that
RTI
is
being
used
to
redress
individual
grievances,
access
entitlements
such
as
ration
cards
and
pensions,
investigate
government
policies
and
decisions,
and
expose
corruption
and
misuse
of
government
resources.
Much
of
the
information
regarding
corruption
in
the
allocation
of
tenders
and
contracts
for
the
2010
Commonwealth
Games
was
unearthed
using
RTI.
In
2010,
a
series
of
RTI
applications
filed
by
the
Housing
and
Land
Rights
Network,
a
Delhi-based
NGO,
revealed
that
the
Delhi
government
had
diverted
funds
of
over
USD7
billion
from
its
social
welfare
programs
meant
for
infrastructure
benefiting
underprivileged
castes
and
tribes
to
development
under
the
Commonwealth
Games.27
Another
remarkable
development
is
the
Lokpal
and
Lokayukta
Act
in
2013
to
fight
corruption.
The
long
and
arduous
struggle
for
this
Act
included
several
rounds
of
rejections
over
the
decades.
The
origins
of
the
movement
date
back
to
1963
and
a
suggestion
made
by
the
Prime
Minister
of
the
time,
Moraji
Desai.
To
fight
corruption,
an
institution
resembling
Scandinavias
ombudsman
was
envisaged
and
presented
in
the
Parliament
as
a
Lokpal
Bill
in
the
Lower
House
on
May
9,
1968.
This
Act
seeks
to
create
national
and
state
level
mechanisms
for
investigating
allegations
of
corruption
against
certain
public
23
Majdoor
Kisan
Sakthi
Sangathan(MKSS)
is
an
Indian
social
movement
and
grassroots
organization
best
known
for
its
struggle
and
demand
for
RTI
in
India.
For
details
see:
http://www.mkssindia.org/about-us/
24
The
National
Campaign
for
People's
Right
to
Information(NCPRI)
is
a
campaign
that
was
established
in
1996
to
push
for
the
creation
of
the
RTI
in
India.
For
more
information
see:
http://righttoinformation.info/about-us/
25
The
task
of
the
National
Advisory
Council
(NAC)
is
to
provide
input
in
the
formulation
of
policy
by
the
Government
and
to
provide
support
to
the
Government
in
its
legislative
business.
For
more
information,
see:
http://www.rtiindia.org/forum/blogs/shrawan-pathak/1751-role-civil-society-evolution-rti-act-2005.html
26
Available
from:
http://rti.gov.in/rticorner/guideonrti.pdf.[Last
accessed
on
2014
Feb
09]
27
For
more
information
see:
http://governancenow.com/news/regular-story/games-propped-cost-dalits
www.appro.org.af
16
functionaries
or
matters
connecting
them
with
corruption.28
The
Act
is
a
direct
outcome
of
the
largest
mass
mobilization
in
the
recent
history
of
CSOs
in
India.
Starting
in
2011,
the
India
Against
Corruption
(IAC)
movement
emerged
to
fight
against
endemic
political
corruption
in
the
country
through
protests,
hunger
strikes,
and
peaceful
demonstrations
led
by
the
social
activist
Anna
Hazare
and
supporters
such
as
Arvind
Kejriwal.29
One
of
the
initiators
of
this
movement,
Arvind
Kejriwal,
later
formed
a
political
party
and
contested
in
the
elections
in
2013,
becoming
a
Chief
Minister
for
a
short
period
of
time.
CSOs
have
played
a
major
role
as
watchdogs
and
capacity
builders
in
the
Mahatma
Gandhi
National
Rural
Guarantee
Employment
Act
(MNRGEA)
of
2005.
Under
this
Act
the
government
is
obliged
to
involve
CSOs
and
community
based
organizations
(CBOs)
in
conducting
social
audits
to
review
official
records
and
determine
whether
state-reported
expenditures
reflect
the
actual
monies
spent
on
employment
initiatives
through
transparent
planning
and
monitoring
of
work
and
to
prevent
corruption.30
Although
MNRGEA
is
focused
on
employment,
it
is
an
effective
means
of
providing
access
by
communities
to
governmental
processes
that
affect
employment,
particularly
in
rural
areas.
The
Act
was
the
Government
of
Indias
response
to
signals
it
received
from
CSOs
about
the
distress
within
rural
communities
due
to
lack
of
work
and
income
in
the
dry
months
of
the
year
when
there
was
no
agricultural
work,
a
major
cause
of
poverty
in
rural
India.31
The
Act
guarantees
the
right
to
work
and
ensures
livelihood
security
in
rural
areas
for
100
days
of
paid
employment
during
the
dry
season
for
every
household
whose
adult
members
volunteer
to
do
unskilled
manual
work.
The
scheme
has
been
vital
for
poor
households
without
productive
land
or
marketable
skills
by
providing
non-discriminatory
access
to
work
and
the
timely
payment
of
fair
wages.
The
National
Consortium
on
NRGEA
acts
as
a
federated
collective
of
civil
society
organizations
to
document
innovations
and
good
practices
in
managing
employment
issues
through
organizing
workshops
and
consultations
and
bring
together
officials
of
the
states
and
central
government
to
discuss
how
to
address
the
many
challenges
of
the
MNRGEA.32
Another
initiative
that
has
revolutionized
the
government-citizen
interface
in
India
is
e-governance.
In
India
it
refers
to
the
application
of
technology
to
transform
the
efficiency,
effectiveness,
transparency
and
accountability
of
exchange
of
information
and
transactions
between
government
agencies,
government
and
citizens
and
between
government
and
business.
E-governance
also
aims
to
empower
people
through
giving
them
access
to
information.
The
National
e-governance
Plan
of
2006
makes
all
28
The
Lokpal
is
the
anti-corruption
ombudsman
at
the
centre
and
the
Lokayuktas
are
the
anti-corruption
ombudsman
organizations
in
the
States.
29
See:
http://www.annahazare.org/
[accessed
January
2014]
and:
http://www.arvindkejriwal.in/
[accessed
January
2014].
30
Social
audit
as
a
term
was
used
as
far
back
as
the
1950s.
In
a
nutshell,
it
refers
to
the
steps
that
are
taken
to
ensure
that
the
work
done
by
the
Government
is
actually
benefiting
the
people
whom
it
is
intended
to
benefit.
It
is
based
on
the
principle
that
the
local
governance
should
be
carried
out,
as
much
as
possible,
with
the
consent
and
in
complete
understanding
of
the
requirements
of
the
people
concerned.
Thus,
social
audit
is
a
process
of
understanding,
measuring,
reporting,
and
most
importantly
improving
the
efficiency
and
effectiveness
of
the
local
governance.
31
Available
from:
http://tap.resultsfordevelopment.org/sites/tap.resultsfordevelopment.org/files/resources/Transparency-and-
Accountability-in-Governance-in-India.pdf.[Last
accessed
on
2014
Jan
25]
32
See:
http://www.samprag.org/downloads/mnrega/mgnrega_lucknow_meet.pdf
www.appro.org.af
17
government
services
available
to
the
public
via
electronic
media.
An
extensive
countrywide
infrastructure
reaching
the
remotest
of
villages
has
evolved
for
large-scale
digitization
of
records
to
facilitate
easy
and
reliable
access
and
interaction
between
the
government
and
citizens
through
the
use
of
Internet.
The
plan
aims
to
make
the
government
more
accessible
to
citizens
and
businesses
alike
and
foster
a
more
open
environment.33
The
Bhoomi
Project,
as
part
of
e-
governance,
provides
easy
and
quick
access
to
land
records
for
farmers.
Under
this
project
20
million
land
titles
in
Karnataka
have
been
digitized.
The
access
is
provided
through
designated
information
kiosks
which
also
serve
as
protection
against
harassment
and
extortion
of
the
users.
Assessments
of
the
Bhoomi
project
have
claimed
that
the
project
has
reduced
corruption
from
66%
to
less
than
3%.34
Indian CSOs and Violence Against Women
The background for the many various laws and policies to protect women against violence in India
has been a series of mass movements over the years demanding change for better protection of
women. The first anti-rape movement where CSOs championing womens rights emerged at a
national level was in 1980, many years after the gang rape of a minor tribal girl, Mathura, by the
policemen on the premises of a police station in a village in the western state of Maharashtra in
1972.35 This event placed violence against women on the public agenda despite the fact that the
Supreme Court at the time acquitted the two accused policemen. The tragedy brought to fore several
crucial aspects of women's oppression in India including the role of class and caste in womens
oppression, and the issue of accountability to the public by public servants, the police, and the
judiciary in upholding the constitutional guarantees to protect citizens.
A letter by four law professors objecting to the Courts decision to acquit the two policemen and the
Chief Justice, started a long process that included a major role for womens rights activists and
organizations and resulted in significant legislative changes through the passing of the Indian
Evidence Act 1872, the Criminal Procedure Code (CrPc) 1973, and the Indian Penal Code 1860
introducing a category of custodial rape.36
A second movement emerged in 1994 when CSOs campaigned for a change in the law after the gang
rape of Bhanwari Devi, a grassroots worker employed as part of the Women's Development Project
(WDP) run by the Government of Rajasthan in North India. Bhanwari Devi had tried to stop a child
marriage in a village in Rajasthan in 1992. The men who gang raped Devi were acquitted by the court.
In response to this decision several womens groups and CSOs filed a petition with the Supreme
Court in 1994 under the collective platform of Vishaka against the State of Rajasthan and the Union
33
For more information see: http://india.gov.in/e-governance
For more information see: http://www.bhoomi.karnataka.gov.in/landrecordsonweb/
35
Agnihotri, I and Majumdar, V. Changing Terms of Political Discourse: Womens Movement 1970s to 1990s.
Economic and Political weekly; 1995: 30. Available from:
http://www.jstor.org/discover/10.2307/4403023?uid=3738256&uid=2&uid=4&sid=21103560650153[Last
accessed on 2014 Mar 05]
36
The Indian Evidence Act, 1872 contains a set of rules and regulations regarding admissibility of evidence in the
Indian Courts of Law. For details see: http://en.wikipedia.org/wiki/Indian_Evidence_Act. The Criminal Procedure
Act, 1973 is the main legislation on procedure for administration on substantive criminal law in India. For details
see: http://en.wikipedia.org/wiki/Code_of_Criminal_Procedure,_1973. The Indian Penal Code,1860 is the main
comprehensive criminal code of India intended to cover all substantive aspect of criminal law. For details see:
http://en.wikipedia.org/wiki/Indian_Penal_Code
34
www.appro.org.af
18
of
India
asking
for
a
change
in
the
outdated
laws
that
did
not
provide
adequate
protection
for
women.
In
1997
the
Supreme
Court
passed
the
landmark
Vishaka
Judgment
and
laid
down
Guidelines
on
Sexual
Harassment
at
the
Workplace,
to
be
followed
by
establishments
dealing
with
complaints
about
sexual
harassment.
Prior
to
Vishaka
there
were
no
formal
guidelines
in
India
for
dealing
with
incidents
involving
sexual
harassment
in
the
workplace
or
by
an
employer.
Also
in
the
early
1990s
the
Lawyers
Collective
(LCWRI)
began
its
campaign
for
a
civil
law
on
domestic
violence,
resulting
in
the
passing
of
the
Protection
of
Women
from
Domestic
Violence
Act
(PWDVA)
in
2005
by
the
Central
Government.
The
Act
aimed
at
creating
a
mechanism
for
safeguarding
the
constitutional
rights
and
privileges
of
women
subjected
to
family
violence
and
cruelty.
The
Act
also
grants
protection
to
women
against
family
violence
and
marital
relationships.
A
key
outcome
of
the
Act
has
been
police
training
on
PWDVA
in
collaboration
with
the
State
Police
in
different
states
of
India
to
sensitize
them
about
different
forms
of
violence
against
women
and
stressing
the
issue
of
domestic
violence
as
a
social
problem
rather
than
a
private
matter.
LCWRI
has
been
actively
involved
in
follow
up
and
monitoring
of
implementing
PWDVA
through
publishing
a
series
of
monitoring
and
evaluation
reports
over
the
years.
The
2013
report,
for
example,
assesses
the
effectiveness
of
protection
women
against
violence
within
the
framework
of
marriage
and
domestic
relationships. Over
a
period
of
9
months
9,526
out
of
the
22,255
Magistrate
and
Sessions
Court
Orders
were
received
by
LCWRI
from
27
states
and
Union
Territories.
In
April
2013,
almost
16
years
after
the
issuance
of
the
Vishaka
Guidelines,
India
enacted
its
own
law
on
sexual
harassment
in
the
workplace,
the
Sexual
Harassment
of
Women
at
Workplace
Act
and
Rules.
This
Act
endorses
many
of
the
Vishaka
Guidelines,
and
is
a
step
toward
codifying
gender
equality.
Although
CSOs
had
been
lobbying
for
many
years
since
Vishaka
for
further
legislative
reform,
specific
laws
only
came
into
force
in
2012
after
the
anti-rape
movement
by
led
by
CSOs
and
womens
rights
organizations
in
response
to
a
spate
of
cases
of
rape
including
the
brutal
gang
rape
and
subsequent
death
of
a
23
years
old
medical
student,
Nirbhaya,
in
December
2012.37
In
January
2013
the
Justice
Verma
Commission,
a
three
member
committee
headed
by
Justice
J.S.
Verma,
former
Chief
Justice
of
the
Supreme
Court,
was
formed
to
recommend
amendments
to
the
Criminal
Law
of
India
as
a
means
facilitate
speedier
trial
processes
and
enhanced
punishments
for
criminals
accused
of
committing
sexual
assault
against
women.38
More
than
2,000
CSOs
including
academics,
lawyers,
activists,
voluntary
organizations,
students,
and
others
were
consulted
prior
to
the
issuance
of
the
recommendations
by
the
Verma
Commission.
The
Criminal
Law
Amendment
Act
of
2013,
which
provides
for
the
amendment
of
the
Indian
Penal
Code
and
the
Indian
Evidence
Act
and
Code
of
Procedure
was
also
passed
by
both
Houses
of
Parliament
in
December
2013.
As
a
result
of
this
Act
there
is
now
stronger
punishment
for
stalking,
attempts
to
acid
attack,
acid
attack,
voyeurism,
and
sexual
harassment,
none
of
which
were
specifically
mentioned
in
the
earlier
versions
of
the
Indian
Penal
Code.
Some
of
the
participating
CSOs
were
also
involved
in
the
follow
up,
which
eventually
led
to
the
passing
of
the
Criminal
Law
Amendment
Act
in
2013.
The
passing
37
38
Available from: http://en.wikipedia.org/wiki/2012_Delhi_gang_rape. [Last accessed on 2014 Mar 05]
Justice Verma Committee was constituted to recommend amendments to the Criminal Law so as to provide for
quicker trial and enhanced punishment for criminals accused of committing sexual assault against women. The
Committee submitted its report on January 23, 2013. The Criminal Law of India (divided into three major acts
Indian Penal Code 1860, Indian Evidence Act 1872 and Code of Procedure 1973)For further details see:
http://en.wikipedia.org/wiki/Indian_criminal_law
www.appro.org.af
19
of
all
these
major
landmark
judgments
and
legislative
changes
on
fighting
violence
against
women
in
different
spheres
have
been,
by
and
large,
the
consequences
of
major
incidents
of
sexual
violence
against
women,
significant
readiness
of
CSOs
and
womens
rights
organizations
to
organize
and
protest,
and
the
readiness
of
Indias
legislators
to
respond
to
the
strong
messages
and
actions
being
issued
against
violence
against
women
by
Indias
civil
society.
Current Perceptions and Status of CSOs
This section is based on the key findings from a series of interviews held with key informants during mid
to late 2014.
Perceptions of CSOs in Governance
Within the current institutional landscape of India CSOs are viewed as watchdogs to ensure
accountability from the Government, mobilizers for mass movements demanding public goods,
advocates for formulating new, or amending existing, policies and laws, capacity builders at the
grassroots level in rural and urban areas, and educators of the public through awareness raising
initiatives. CSOs are also recognized as service providers and as entities that provide spaces or create
platforms for the community to make its demands known to governmental decision makers. Some
government officials see CSOs as advocates and innovators for formulating policies while others view
CSOs as catalysts for social change, through providing leadership for popular movements demanding
change.
For some womens rights organizations the most significant role for CSOs is advocacy, awareness raising,
and mediating to combat sexual violence against women.39 This role involves advocacy programs
through information dissemination in the form of pamphlets and brochures, sensitizing law enforcement
agencies and the police on laws and the judiciary on how to deal sensitively with sexual violence cases:
CSOs intermediate and support victims and survivors of violence who do not want to go directly to the
police to lodge complaints for fear of stigmatization. When women go to the police, they do not receive
much response but if the complaint is lodged through a CSO it has much more weight.40
One
Government
official
describes
CSOs
as
innovative
because
they
articulate
ideas
in
the
process
of
drafting
legislation
such
as
PWDVA
in
2005,
the
Vishaka
Guidelines,
and
the
Sexual
Harassment
at
Workplace
Act.
All
these
legislative
measures
came
into
place
based
on
close
collaboration
between
CSOs
and
the
Lawyers
Collective
to
propose
concrete
steps
to
be
taken
by
the
government
in
fighting
violence
against
women.
Some
are
critical
of
the
role
of
CSOs
as
merely
program
implementers.
For
example,
a
key
informant
from
a
CSO
working
on
anti-corruption
and
governance
issues
felt
that
CSOs
should
focus
more
on
critical
advocacy
to
hold
government
authorities
accountable
and
much
less
on
service
delivery.
According
to
this
view,
CSOs
should
take
part
in
legislative
work
but
this
should
not
be
done
at
the
39
Key
informant
from
Shakti
Vahini,
a
womens
rights
CSO
specializing
in
prevention
of
trafficking
women,
protection,
and
rehabilitation
of
trafficked
women
and
girls
which
includes
victims
of
rapes.
Their
primary
role
is
to
raise
awareness
among
the
public
including
young
girls
who
are
likely
to
fall
prey
to
traffickers.
40
Key
informant
from
Shakti
Vahini
www.appro.org.af
20
expense
of
the
greater
role
as
a
watchdog.
In
addition,
CSOs
should
be
intermediaries
between
the
most
vulnerable
citizens
and
the
government.
Challenges for CSOs
There are concerns that many organizations are being set up as CSOs by businesses and other special
interests to promote a positive image of the benefactors and as part of efforts to fulfill commitment to
Corporate Social Responsibility. CSOs may also be compelled to compromise their commitments and
integrity as a condition of securing donor funds. This is seen as an outcome of applying market principles
indiscriminately and to such issues as the provision and protection of public good, areas where markets
have an established reputation for failing.
Despite a significant element of voluntarism among CSOs in India, resource mobilization remains a key
challenge for CSOs, many of which fail to secure adequate funds to operate. Of the CSOs that receive
donor funds, a large part of the collective effort is directed at securing additional funds to continue
operation.
The views of CSOs from a government perspective are varied. One key informant stated that the
government is often suspicious of CSOs as having vested interests. To overcome this suspicion, the key
informant suggested that the demands and activities by CSOs would benefit from being based on
concrete problems and sound evidence. Another key informant reported that the Ministry of Women
and Child Development gives funds to CSOs to run shelters for victims of violence and to carry out
activities such as vocational training. CSOs in this case are seen as bodies that have tremendous
capacities and can give constructive criticism. But there are structural limitations to coordinated efforts
for programming for women:
Getting the financial resources is a constrain in the work by the Ministry of Women and Child
Development. The budget for fighting violence against women is to come from a cross section of
ministries. Law and order and police stations fall under the Ministry of Home Affairs. When victims of
violence go for medical aid the budget falls under Ministry of Health. Legal aid for women, shelters and
training centers fall under the Ministry of Law and Justice while domestic violence and dowry come under
the Ministry of Women and Child Development.41
Because
corruption
is
endemic
in
India,
there
is
a
general
wariness
about
appropriation
of
funds
by
CSOs
from
a
government
perspective
and
by
the
government
from
a
CSO
perspective.
One
government
official
admitted
that
corruption
is
culturally
embedded
and
complex
and,
as
such,
very
difficult
to
fight.
Legislation
such
as
RTI
may
slow
the
process
but
it
does
not
stop
corruption
completely.
CSO-Government
Interface
Some
CSOs
are
not
content
with
working
with
the
government
though
they
recognize
that
collaboration
with
the
government
is
necessary.
Working
with
government
often
entails
appeasing
government
officials
with
gratuities
to
overcome
bureaucratic
hurdles
or
to
secure
government
funds.
Gratuities
are
involved
when
dealing
with
lower
ranking
government
officials
and
during
the
process
of
tendering.
Also,
taking
funds
directly
from
the
government
often
means
not
being
able
to
criticize
the
government.
41
Key informant from Ministry of Women and Child Development, Government of India
www.appro.org.af
21
These
pressures
force
CSOs
to
become
co-opted
and
partial,
acting,
in
effect,
as
sub-contractors
for
the
government.
For
example,
India
has
a
black
economy
[made
up
of]
the
businessmen,
the
political
class
(policy
makers),
and
the
executive
branch.
The
executive
branch
consists
of
the
bureaucracy,
the
police
and
the
judiciary.
The
businessman
has
a
white
income
but
he
wants
to
generate
extra
income
and
he
uses
the
black
economy
to
generate
that,
for
which
he
may
have
to
bribe.
The
cut
that
is
given
to
the
politician
and
the
executive
branch
is
generally
only
10-15
percent.
The
businessman
gets
a
return
on
investment
of
sometimes
up
to
700
percent.
It
is
very
lucrative.
This
situation
makes
corruption
systematic
and
systemic,
and
hard
to
fight.42
Good Practices in Combating Violence Against Women and Corruption
VAW and corruption are deeply rooted in Indian society. Different initiatives have been taken by
different actors to tackle VAW and corruption.
Some womens rights organizations have been focusing on university students and youth in their efforts
to mainstream gender. Initiatives include setting up systems for reporting cases of violence, leadership
skills training, and providing gender awareness programs for males and females. A key informant from a
womens rights organization stated that her organization has been working to address violence against
women by gender mainstreaming within government institutions and schools, colleges, and universities
through working with the youth:
We
have
a
program
with
university
students
in
Sonepat
and
Bareilly
in
the
states
of
Haryana
and
Uttar
Pradesh.
This
collaborative
program
involves
the
university
and
the
community
where
boys
and
girls
[have
roles
as]
equal
partners.
Adolescent
girls
and
boys
form
groups
with
students
from
the
oldest
women-only
university
and
boys
in
Sonepat.
These
boys
and
girls
are
the
core
group
leading
the
project
in
the
two
areas.
The
participants
are
taught
to
reflect
on
the
process
of
gender
discrimination
as
it
happens
in
their
homes
and
around
them.
They
are
made
to
think
how
they
themselves
are
perpetuating
it
and
how
to
address
it
themselves.43
At
the
formal
level,
CSOs
are
active
in
advocacy
for
changes
in
existing
laws
on
ending
violence
against
women.
As
a
result
of
advocacy
efforts
by
CSOs,
crimes
such
as
rape
and
honour
killing
have
clear
definitions,
making
it
easier
for
the
formal
justice
system
to
bring
perpetrators
of
crimes
against
women
to
justice.
Also,
disseminating
advocacy
materials
on
VAW
in
local
languages,
or
using
local
imagery
to
tackle
VAW,
plays
a
major
role
in
raising
/
changing
traditional
community
awareness.
At
the
same
time,
literacy,
engaging
tribal
leaders,
local
councils,
religious
leaders,
the
police,
and
judiciary
through
training
and
education
have
collectively
played
a
key
role
in
ending
traditional
practices
harmful
to
women.
A
key
informant
with
experience
of
working
in
Afghanistan
and
some
Central
Asian
countries
stated,
to
deal
with
sexual
violence
against
women
the
only
way
is
to
rope
in
the
tribal
leaders,
local
councils,
religious
leaders,
and
the
youth
(especially
men),
and
change
their
mindset
gradually.
One
cannot
impose
42
43
Key informant from a CSO
Key informant from PRIA, an organization working on governance and womens rights issues
www.appro.org.af
22
democratic
norms
in
[conservative
communities]
right
now
and
expect
them
to
change
overnight.
It
is
basically
a
tribal
society
and
ruled
by
customary
Islamic
laws.
Change
will
take
time.44
In
fighting
corruption,
social
auditing
is
increasingly
being
used
by
CSOs
to
take
government
to
account
for
its
expenditures
and
possible
financial
abuses.
In
social
auditing
trained
volunteer
auditors
are
tasked
by
local
organizations
to
audit
and
document
administrative
procedures
and
forms
and
financial
records
of
local
development
projects
for
irregularities
and
inconsistencies.
In
India,
RTI
is
a
very
effective
legal
instrument
for
facilitating
social
audits
and
fighting
corruption.
However,
social
audit
does
not
really
work
if
it
does
not
benefit
from
strong
community
support.
Community-based,
grassroots
movements
are
critical
to
bringing
about
change
as
laws
and
legislative
reform
do
not,
by
themselves,
effect
lasting
change.45
E-governance
also
offers
numerous
opportunities
for
fighting
corruption.
A
fully
transparent
means
of
communication
and
information
sharing
between
the
government
and
the
public
is
likely
to
provide
easy
access
to
information
including
rules
and
procedures
for
access
to
government
services
and
names
and
locations
of
public
officials
responsible
for
different
tasks,
reducing
administrative
ambiquity
and
therefore
corruption
while
promoting
better
governance.
According
to
one
key
informant:
E-governance
is
an
excellent
tool
to
deal
with
corruption
and
promote
good
governance
as
there
is
no
manual
intervention
or
manipulation
involved
in
the
interaction
between
citizens
and
the
government
officials.
When
[the
number
of
steps
in]
interface
[between
citizens
and
government]
are
reduced,
the
need
for
speed
money
or
bribes
is
also
drastically
reduced.46
Conclusion
In
India,
changes
in
governance
and
the
legal
framework
for
addressing
VAW
and
corruption
have
been
products
of
two
key
but
related
processes.
First,
India
has
a
long,
established,
and
uninterrupted
tradition
of
civic
involvement
in
matters
involving
the
provision
of
public
good.
Second,
as
the
largest
democracy
in
the
world,
Indias
various
governments
have
had
to
be
responsive
to
strong
community
sentiments
being
expressed
through
CSOs,
whose
number
in
India
is
a
staggering
40,000.
Legislative
measures
such
as
the
Lokpal,
Lokayukta,
and
RTI
Acts
have
been
important
instruments
for
CSOs
in
ensuring
accountability
and
information
sharing
by
government
officials.
India
has
a
rich,
uninterrupted
history
of
cooperation
between
CSOs
and
government.
In
part
this
history
is
a
product
of
context
specific
community
attributes
and
a
relatively
open
mode
of
governance,
nurtured
during
a
relatively
long
period
of
peace
in
the
country
since
the
late
1940s.
In
practical
terms
governance
in
India
is
now
understood
by
many
as
encompassing
the
Constitution,
legislature,
executive
and
judiciary
and
all
the
relevant
actors
engaged
in
societal
decision
making
at
different
levels,
territorial
scales,
and
in
different
spheres.
Governance
in
India
entails
various
types
of
interaction
between
government
and
non-government,
formal
and
informal
institutions.
44
Key informant from a CSO.
As an aside, PRIA introduced the concept of social audits to Afghan Aid in Afghanistan in 2011, encouraging them
to involve the community in audits of the local governance arrangements and workings of Community
Development Councils as a means to develop the capacities of the local communities and to hold the local
governance actors accountable to the communities.
46
Key informant from a CSO.
45
www.appro.org.af
23
CSOs
in
India
are
widely
accepted
as
entities
with
the
right
to
function
in
a
free,
open,
and
accessible
space
for
the
expression
of
ideas,
taking
action,
and
initiating
discussion,
debate,
and
contestation.
CSOs
are
active
at
all
levels
of
governance
ranging
from
community-level
neighborhood
associations
to
cultural
groups,
forest
protection
groups,
and
rights
campaign
organizations.
Increasingly
CSOs
have
become
involved
in
advocacy
for
various
causes
such
as
human
rights,
womens
rights,
childrens
rights,
tribal
rights,
peace,
and
environmental
protection.
Some
of
these
initiatives
have
resulted
in
the
emergence
and
legitimization
of
protest
movements
against
policies
and
actions
of
powerful
national
and
international
entities
on
such
issues
as
building
dams,
factories,
mines,
and
the
dislocations
caused
by
these
projects
in
host
communities.
Through
these
initiatives
and
activities
CSOs
have
become
catalysts
for
the
emergence
of
organized
efforts
to
articulate
the
voices
of
most
vulnerable
and
the
least
advantaged
in
India.
Arguably,
the
passing
of
significant
laws
such
as
the
Right
to
Information
Act
(2005),
Public
Disclosure
Law
(2005),
and
Community
Participation
Law
(2005)
is
in
part
a
product
of
the
process
of
political
maturation
and
sophistication
by
Indian
CSOs.
The
Right
to
Information
Act,
for
example,
obligates
governmental
bodies
to
provide
timely
response
to
citizens
requests
for
government
information.
The
RTI
Portal
Gateway
allows
citizens
to
search
for
and
access
government
information
while
various
public
authorities
regularly
publish
information
and
disclosures
on
the
internet
with
open
access.
In
economic
development
matters,
Indian
CSOs
are
active
participants
in
the
formulation
of
Five
Year
Plans
by
the
Planning
Commission,
with
budgetary
allowances
made
to
facilitate
and
formalize
this
participation.
In
the
political
process
Indian
CSOs
often
act
as
watchdogs
to
ensure
that
elections,
for
example,
are
transparent
and
that
corruption
is
minimized.
This
watchdog
role
limits
the
degree
to
which
private
corporations
and
vested
interests
can
influence
the
electoral
process.
Over
the
decades
Indian
CSOs
have
become
synonymous
with
social
innovation,
citizen
empowerment,
policy-relevant
research,
and
advocacy.
At
the
same
time,
Indian
CSOs
are
increasingly
faced
with
challenges
similar
to
those
faced
by
CSOs
in
other
countries.
A
most
fundamental
challenge
is
funding
dependency.
Whereas
the
origins
of
CSOs
in
India
are
community
service,
voluntarism,
and
rights
advocacy,
the
reliance
by
many
international
development
aid
organizations
on
local
CSOs
as
service
delivery
partners
has
resulted
in
a
change
of
approach
among
CSOs,
with
many
criticizing
fund-receiving
CSOs
as
having
become
income
generating
enterprises
for
their
members
in
the
first
instance
and
community
service
providers
as
a
secondary
mandate.
Despite
these
challenges,
there
are
numerous
lessons
that
could
be
drawn
from
the
experience
and
history
of
CSOs
in
India
for
Afghan
CSOs.
The
key
recommendations
based
on
the
findings
from
the
analysis
of
primary
and
secondary
data
may
be
summarized
as
follows.
Implications for Afghanistan
The role of civil society organizations in development aid programme implementation in Afghanistan
came to the fore after 2001 though a number of national and international NGOs had been active since
the early 1990s in providing mostly humanitarian aid but also services in health, education, and
agricultural development. The demand for national implementing partners to deliver programmes in
agriculture, health, education, womens rights, and construction services multiplied manifold in the
period that followed the fall of the Taliban in late 2001. Currently, there are over 3,000 national and
www.appro.org.af
24
international
NGOs
registered
with
the
Afghan
Ministry
of
Economy.47
The
general
understanding
of
the
role
of
civil
society
organizations
is
mixed
and
even
suspicious.48
The
governmental
agencies
in
Afghanistan
do
not
view
CSOs
as
fully
trustable
or
as
reliable
sources
of
information
and
expertise.
There
is
also
little
or
no
acceptance
of
the
role
of
CSOs
as
watchdogs.49
Nevertheless,
CSOs
have
been
active
as
individual
organizations
or
as
coalitions
to
lobby
for
legislative
and
other
changes.
Unlike
Indian
CSOs,
however,
Afghan
CSOs
are
largely
dependent
on
foreign
funding
as
local
sources
of
support
for
the
sector
are
scarce
or
non-existent.
Nascent
democratic
government,
low
institutional
maturity
and
capacity,
and
endemic
corruption
are
major
hindrances
to
the
emergence
of
an
enabling
environment
for
CSOs
to
play
their
full
part
in
governance
and
development
in
Afghanistan.
Corruption
is
present
at
every
level
and
has
become
a
social
practice
with
patronage
and
bribery
being
acceptable
parts
of
the
daily
life
and
routines.50
In
India
too,
corruption
has
become
a
part
of
daily
life
as
evidenced
in
the
recent
spate
of
scandals
and
social
protests.
The
key
difference
between
India
and
Afghanistan
is
the
publics
reaction
to
corruption.
Whereas
in
India
there
is
formal
recognition
of
the
citizens
concerns
through
such
initiatives
as
the
India
Against
Corruption
(2011)
movement,
in
Afghanistan
there
is
no
organized,
civil
society-based
reaction
to
corruption
and
all
measures
and
mechanisms
put
in
place
to
deal
with
corruption
are
characteristically
top-down
with
little
or
no
influence
on
corruption
and
corrupt
practices
by
all
manner
of
officialdom.
Over
the
last
few
decades
there
have
been
major
changes
in
India
in
mechanisms
and
legal
provisions
for
combating
violence
against
women.
In
Afghanistan
a
similar
trend
is
discernable
with
the
key
difference
that
the
mechanisms
and
legal
provisions
have
been
in
place
only
since
2001
and
thus
lack
relative
permanency.
In
both
countries,
although
the
number
of
cases
of
violence
have
not
decreased,
more
incidents
of
violence
are
being
reported
and
more
women
are
coming
forward
to
seek
justice
from
the
system
due
to
an
enabling
legislative
environment,
increased
general
awareness,
and
formal
protection
of
the
victims
of
violence.
Recommendations
Recommendations
for
Fighting
Corruption
1. CSOs
can
lobby
for
anti-corruption
laws
such
as
the
Lokpal
and
Lokayukta
Act
(2013).
The
thought
of
being
exposed
and
answerable
to
the
public
along
with
legal
repercussions
is
likely
to
prohibit
or
limit
corruption
among
politicians,
civil
servants,
and
private
sector
actors.
In
addition,
such
legislation
is
likely
to
empower
citizens
in
making
their
dissatisfaction
about
corruption
known
to
47
Afghanistan
Public
Policy
Research
Organization,
Kabul.
Transitions
and
Non-Government
Organizations
in
Afghanistan:
Assessments
and
prospects.(2014)
48
Civil
society
Development
in
Afghanistan:
Elizabeth
Winter.(2010).Available
from:
http://www.lse.ac.uk/internationalDevelopment/research/NGPA/publications/winter
afghanistan_report_final.pdf
49
2011
CSO
Sustainability
Index
for
Afghanistan(2011)
USAID.
For
more
details
see:
http://www.usaid.gov/sites/default/files/documents/1866/Afghanistan%20CSOSI%202011.pdf
50
Afghanistan
in
2013:
A
Survey
of
Afghan
People.(2013).
Asia
Foundation.
Available
from:
http://asiafoundation.org/resources/pdfs/2013AfghanSurvey.pdf
www.appro.org.af
25
2.
3.
4.
5.
governmental
bodies.
Corruption
can
also
be
regulated
through
CSOs
lobbying
an
access
to
information
act
similar
to
the
RTI
(2005).
RTI
holds
the
government
officials
accountable
for
any
information
within
a
certain
period
of
filing
a
request,
with
disciplinary
consequences
for
those
officials
who
fail
make
information
available
within
a
specific
time
frame.
CSOs
would
be
most
effective
if
they
form
alliances
and
associations
on
specific
issues
such
as
corruption.
Alliances
and
associations
would
create
a
critical
mass
and
minimize
the
possibility
of
individual
CSOs
being
singled
out
or
persecuted
by
corrupt
officials.
Every
effort
should
be
made
by
anti-corruption
CSOs
to
engage
youth
and
the
most
vulnerable,
as
well
as
professionals
such
as
human
rights
and
criminal
lawyers
in
the
fight
against
corruption.
The
Government
to
citizen
e-governance
model
offers
a
significant
potential
for
more
active
engagement
of
civil
society
in
governance.
In
addition,
e-governance
is
likely
to
bear
pressure
on
governmental
ministries
to
improve
their
service
delivery
role
and
efficiency,
likely
to
result
in
strengthened
trust
between
governmental
officials
and
their
public.
Community
monitoring
and
social
audits
need
to
be
central
to
advocacy
efforts
by
CSOs
as
they
are
likely
to
mainstream
CSOs
in
the
political
arena
and
curb
abuses
and
corruption
by
governmental
officials.
Recommendations for Fighting Violence Against Women
6. Young girls and boys, as well as women and men, should be involved in efforts to fight violence
against women. Advocacy and education on fighting VAW must be clear that protecting the
perpetrators in the name of culture, tradition, honor, shame, or religion is inhuman toward
women. Much of the awareness changing will need to start early on within the family and in schools.
7. Religious institutions such as governmental ministries dealing with religious affairs and places of
worship such as mosques should be used as instruments for educating the public on the importance
of fighting violence against women.
8. The current laws should be implemented with as much pressure from CSOs as possible. Where there
are deficiency in the existing laws, collective efforts will need to be initiated by CSOs to effect
reform.
9. To prevent violence from occurring and re-occurring, strong punishment should be meted out to
perpetrators and results publicized through media.
10. Identifying and providing services to protect survivors and victims once crime occurs should be seen
as a necessary measure alongside legislative enforcement mechanisms.
11. Efforts should be made by CSOs to raise awareness on EVAW and gender sensitization through
capacity building programs among the judiciary and the police. Basic concepts and definitions of
VAW, situation analysis, legislation, human rights training, and religious values on protection of
basic human rights should all be employed as means to engage men and women on the importance
of womens rights.
12. Where there is resistance to training on womens rights, innovative approaches should be employed
to address womens rights within the more general framework of improving human security.
www.appro.org.af
26
Annex 1: Key Informant Interview Guiding Questions
What
are
the
most
important
roles
for
Indian
CSOS
in
governance?
What
is
the
actual
role
of
CSOs
in
government
decision
and
policy
making
What
is
the
formal
role
allocated
to
CSOs
by
the
government?
What
are
the
significant
contributions
of
Indian
CSOs
in
dealing
with
sexual
VAW
and
corruption?
How
has
government
responded
to
them?
How
can
CSOS
contribute
to
dealing
more
effectively
with
both
issues
so
as
to
promote
good
governance?
What
are
the
biggest
challenges
that
CSOs
face?
What
are
the
major
challenges
for
CSOs
and
Government
working
together
on
issues
of
corruption
and
VAW
in
India?
What
innovative
measure
are
CSOS
taking
to
be
heard?
What
are
the
relations
between
women
CSOs
and
those
working
on
corruption
government
on
issue
of
VAW
and
corruption
movements?
What
does
the
government
make
of
all
these
events/movements?
How
are
CSOS
engaging
innovatively
in
engaging
the
Government
to
act?
What
are
the
good
practices
that
would
work
for
Afghan
CSOs,
the
government
and
donors
to
work
collaboratively
in
dealing
with
corruption
and
sexual
VAW?
www.appro.org.af
27
Annex 2: List of interviewees
1. Subir Roy (Programme Director, Shakti Vahini)
2. Namrata Jaitley (Deputy Director, PRIA)
3. Nandita Pradhan Bhatt (Assistant Programme Manager, PRIA)
4. Arun Kumar (Centre for Economic Studies and Planning, School of Social Sciences, Jawaharlal Nehru
University)
5. Mondira Dutta (Centre for Inner Asian Studies, School of International Studies, Jawaharlal Nehru
University)
6. Tenzing Tchoesang (UN Women Consultant, Ministry of Women and Child Development, Government
of India)
7. Renu Wadehra (Senior Advisor, Norwegian Embassy, Ministry of Foreign Affairs)
8. Prafulla Kumar Prushty (Commissioner/ Income Tax Department; on deputation as
Competent Authority and Administrator under SAFEM(FOP) Act, 1976 & NDPS Act, 1985,
Ministry of Finance, Government of India
9. Informant from Central Bureau of Investigation(CBI)
10. Amita Singh (Centre for Law and Governance, Jawaharlal Nehru University)
www.appro.org.af
28
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