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The Evening Wrap: Govt. curbs funding for 10 climate change, child labour NGOs

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The Evening Wrap

13 SEPTEMBER 2021

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Govt. curbs funding for 10 climate change, child labour NGOs

Five years after it cancelled the registration of international non-governmental organisation (NGO) Greenpeace to receive foreign funds, the government has moved to restrict the funding for a group of ten American, Australian and European NGOs dealing with environmental, climate change and child labour issues.

An internal Reserve Bank of India (RBI) circular dated July 1, 2021, that was sent to all banks, said the government had specified a number of foreign entities to be placed on the "Prior Reference Category" (PRC list) using the stringent Foreign Contribution Regulation Act 2010, that was tightened in September 2020, making both banks and chartered accountants accountable for any unauthorised funds that come through.

 

The NGOs, that add to more than 80 international voluntary agencies now on the government's PRC list, include the European Climate Foundation, three U.S.-based NGOs (the Omidyar Network International, Humanity United and Stardust foundation), two Australia-based NGOs (Walk Free Foundation and Minderoo Foundation), and U.K.-based Children's Investment Fund Foundation, Freedom fund and Laudes foundation, as well as U.K./ U.A.E. based Legatum fund.

"The RBI has instructed that any fund flow from the (specified) donor agencies to any NGO/Voluntary organisation/ persons in India should be brought to the notice of the Ministry of Home Affairs so that the funds are allowed to be credited to the recipients only after clearance/ prior permission from the MHA's Foreigners Division of the FCRA wing," the notice sent out recently by a private bank to its branches, which The Hindu obtained a copy of, said.

The Reserve Bank didn't respond to a request for a comment, but officials confirmed informally that the note had been sent out, in line with previous such circulars sent to banks warning them of NGOs banned or suspended from acquiring or disbursing foreign funds.

Significantly, all the NGOs on the latest list work on climate change and environmental projects and/or child rights and slavery projects, subjects where the government has been sensitive to international criticism in the past.

When asked why so many environmental NGOs are on the list, given the government's stated international commitments on fighting climate change, an official said that despite India's record in complying with the Paris agreement, "global pressures are intensifying on India to raise the Nationally Determined Contributions".

"In order to create noise in the media, several pro-climate NGOs are focusing on advocacy against coal, which is considered a violation of FCRA provisions," the official added.

In 2017, the Ministry of Home Affairs(MHA) had also objected strongly to the International Labour Organisation's Global Slavery Index, "questioning the credibility of data" which had ranked India 53rd of 167 countries where "modern slavery" was prevalent, and as the country with highest number of people in forced labour, according to a reply in Parliament.

The index is part of the Australian Walk Free Foundation's annual survey that is used by other NGOs working in the field. According to the MHA's responses in Parliament, between 2016-2020, the government cancelled the FCRA licenses of more than 6,600 NGOs and suspended those of about 264.

Among those who have been put on the PRC list or had to downsize or even shut down their Indian operations due to FCRA action by the government in the last few years are Greenpeace International, Amnesty International, Human Rights Watch, Compassion International, National Endowment for Democracy, U.S. Centre for Disease Control (CDC), and Open Society Foundation.

A UK-based NGO Commonwealth Human Rights Initiative (CHRI) has now taken the government to court for suspending its FCRA license, and won temporary relief in the High Court in Delhi in, allowing it to access 25% of its funds, and a final order is expected in October.

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TN passes Bill seeking to dispense with NEET, to admit students based on qualifying exam marks

The Tamil Nadu Legislative Assembly on Monday passed a Bill to enact a law seeking to "dispense" with the requirement of qualifying in the National Eligibility-cum-Entrance Test (NEET) for admission into undergraduate medical degree courses in the State.

The Tamil Nadu Admission to Undergraduate Medical Degree Courses Bill, 2021, further sought to provide admission to these courses on the basis of marks obtained in the qualifying examination [Plus Two marks] through "normalisation methods" as was done prior to 2017.

The Bill, moved by Chief Minister M.K. Stalin contended that admissions to medical education courses were traceable to entry 25 of List III, Schedule VII of the Constitution of India and the State was "competent to regulate" the same for underprivileged social groups. The Bill said it aimed to ensure social justice, uphold equality and equal opportunity, protect all vulnerable student communities from being discriminated against and bring them to the mainstream of medical and dental education and in turn, to ensure robust public healthcare across Tamil Nadu, particularly the rural areas.

A high-level committee headed by retired High Court judge A.K. Rajan had, in its report to the State government, said that the NEET clearly undermined the diverse societal representation in MBBS and higher medical studies favouring mainly the affluent segment of the society, while equally thwarting the dreams of pursuing medical education by underprivileged social groups, the Bill said.

"The NEET does not seem to ensure merit or standard of the students being offered MBBS under its purview. The findings [of the Committee] indicate that the NEET has only enabled and empowered comparatively the low-performing (in NEET scores and HSc scores) students to get admission to MBBS. Therefore, the question of NEET ensuring quality and merit of the students is to be ruled out," the Bill said.

Among others, the Committee recommended that the State government pass an Act similar to that of the Tamil Nadu Admission in Professional Educational Institutions Act, 2006 indicating the need for elimination of NEET at all levels of medical education and get the President's assent for the same. "This will ensure social justice and protect all vulnerable student communities from being discriminated in admission to medical education programmes," it said.

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Pegasus case: SC to pass interim orders

The Supreme Court on Monday decided to pass interim orders after the government refused to respond, through a "detailed" affidavit, to allegations that it used Israeli-based Pegasus software to spy on citizens.

The government said such an affidavit in the apex court would be too public and compromise national security. The petitioners demanded that either the Cabinet Secretary file an affidavit or the court itself form a committee led by a sitting judge to probe the snooping controversy.

 

A Bench of Chief Justice of India (CJI) N.V. Ramana, Justices Surya Kant and Hima Kohli said there cannot be any "beating around the bush" in the issue. The CJI said the court had given the government a fair opportunity to file a detailed affidavit in order to get a clear idea of its stand in the Pegasus case. "We thought the government would file a counter-affidavit… now we will pass our interim orders," he remarked.

However, after reserving orders, the court told Solicitor General Tushar Mehta, for the government, that he could mention the case if there were any second thoughts in the next few days before the pronouncement of the order.

Senior advocate Kapil Sibal, appearing for senior journalists N. Ram and Sashi Kumar, said the government's refusal to file a detailed affidavit was "unbelievable". Mehta reasoned that a public discourse on whether a particular software was used or not would alert terrorists. He urged the court to allow the government to form a committee of "domain experts" who would look into the allegations of snooping orchestrated against citizens, including journalists, activists, Ministers, parliamentarians, among others.

He assured the court that the committee members would have "no relationship" with the government and would place their report before the Supreme Court. "The committee report will have to withstand the Supreme Court's judicial scrutiny… I am not averse to an enquiry. The government takes individuals' plea of violation of their privacy seriously. It has to be gone into, it must be gone into… It is the feeling of the government that such an issue cannot be placed on affidavit. It has to be gone through by a committee. It concerns national security," he submitted.

The government could not afford to "sensationalise" such an "important" issue, he stated. He objected to assertions by petitioners that the "government is denying protection to its own citizens" or is "assaulting democracy".

Justice Kant said the court was equally concerned about national security, but it cannot turn a deaf ear to concerns about privacy raised by citizens. "We just wanted you to clarify whether their privacy was violated or not. Whether surveillance, if done at all, was after lawful permission. Was the interception done by any agency unlawfully? Should the government not be concerned if any "outside agency" had violated our citizens' privacy?" Justice Kant asked the law officer.

"We are not interested in matters concerning national security. Our only concern, in the face of allegations made by petitioners about use of some software against citizens, is knowing whether any government agency has used any method of interception other than in accordance with law," Chief Justice Ramana told Mehta.

At one point, the CJI questioned the practicality behind the government's insistence on refusing to discuss the Pegasus allegations in open court, saying that even if an expert committee was formed, its work and the report would eventually become public.

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Bhupendra Patel sworn in as Gujarat CM

Bhupendra Patel was sworn in as the Gujarat Chief Minister by Governor Acharya Devvrat at the Raj Bhavan in Gandhinagar on Monday, a day after he was unanimously elected as the BJP legislature party leader in a meeting.

Union Home Minister Amit Shah and Chief Ministers of Goa, Karnataka, Madhya Pradesh and Haryana and Union Ministers Mansukh Mandaviya, Narendra Singh Tomar, Pralhad Joshi, Parshottam Rupala, Bhupender Yadav and others attended the swearing-in ceremony.

Only the Chief Minister took oath on Monday and the Cabinet members will be sworn in separately after the names are decided by the party. According to sources, Shah, Bhupendra Patel and other leaders will decide on the names as many senior leaders and members of the outgoing Cabinet are likely to be dropped to bring in new faces.

There is yet no clarity regarding the continuation of Deputy Chief Minister Nitin Patel. "We don't know yet whether there will be a new Deputy CM or just Cabinet Ministers," a party leader said. It is also not clear whether Mr. Nitin Patel will be part of the Cabinet or not.

Nitin Patel on Monday denied media reports that he was sulking after being overlooked for the post of Chief Minister as the party picked first-time legislator Bhupendra Patel, a protege of Uttar Pradesh Governor Anandiben Patel, as the successor of Vijay Rupani.

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JEE-Main results by Wednesday, JEE-Advanced registrations postponed again

Twelve days after the last session of the Joint Entrance Examination (JEE-Main) was held, results are yet to be declared, forcing the Indian Institutes of Technology (IITs) to once again postpone registrations for their entrance test JEE-Advanced, which were due to begin on Monday. The top 2.5 lakh ranked students from JEE-Main are eligible to write JEE-Advanced, which is scheduled to be held on October 3.

"The results will be declared tomorrow or latest by Wednesday," said Higher Education Secretary Amit Khare, who did not comment on the reasons for the delay. Senior officials at the National Testing Agency and the Education Ministry insisted that it was not related to the Central Bureau of Investigation's (CBI) ongoing probe into an alleged cheating scandal at a JEE-Main examination centre in Sonepat, Haryana. One senior official said a COVID-19 infection among key personnel contributed to the delay.

The JEE-Main examination is not just an entrance test for admission to the National Institutes of Technology and other central and state engineering colleges, but is also used as the eligibility test for IIT aspirants. This year, four sessions of JEE-Main were held, with students allowed to attempt the examination as often as they liked, with their best score to be used for ranking purposes.

The fourth session, initially scheduled to be held in May, was delayed because of COVID-19, and then delayed again to allow a greater gap from the third session. The last session for B.E./B.Tech aspirants was completed on September 1, and the provisional answer keys released on September 6. The final results and the all India ranking was expected to be released by September 10, in time for the JEE-Advanced registrations to begin the next day.

As the JEE-Main results were delayed, JEE-Advanced registrations were initially postponed to September 13. Faced with further delays, a Monday evening notice to candidates on the JEE Advanced website simply asked them to "keep visiting for updates on registration" without specifying when registration would actually open.

The CBI has arrested 11 people in connection with an alleged scam where students were charged up to ₹15 lakh for assistance in cheating in the JEE-Main examination through remote access to computers at a Sonepat centre.

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Former Union minister Oscar Fernandes passes away

Following a nearly two-month long hospitalisation, former Union minister and member of Rajya Sabha Oscar Fernandes passed away on September 13. The 80-year-old Congress leader was admitted to Yenepoya hospital in Mangaluru on July 19 following intracranial bleeding suffered after a fall in his house during a routine workout on July 18. He underwent operation for removal of a clot in the brain on July 27 and was undergoing regular dialysis.

A hospital spokesperson said Fernandes passed away at 2.15 p.m. He is survived by his wife, a son and a daughter. Hailing from Udupi, Fernandes had been a member of Parliament since 1980. As a Union minister in the UPA government, Fernandes held the portfolios of Road Transport and Highways, Labour and Employment, Statistics and Programme Implementation and Overseas Affairs, both as a Cabinet Minister and Minister of State.

He was among the close confidants of Indira Gandhi's family, including former prime minister late Rajiv Gandhi, his wife Sonia Gandhi and son Rahul Gandhi. He served Rajiv Gandhi as his Parliamentary Secretary. He had held various positions in the All India Congress Committee (AICC), including general secretary, and had served as president of Karnataka Pradesh Congress Committee (KPCC). He was among the six trustees of National Herald.

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Covid Watch: Numbers and Developments

The number of reported coronavirus cases from India stood at 3,32,82,388 at the time of publishing this newsletter, with the death toll at 4,43,061.

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In Brief

Subdued prices of food items like vegetables pulled down retail inflation for the third month in a row to 5.3% in August, within the RBI's comfort zone. While the Consumer Price Index (CPI)-based retail inflation declined to 5.3% in August from 6.69% in the same month a year ago, food inflation dipped at a much faster pace to 3.11% from 9.05% in August 2020. Retail inflation, which rose sharply to 6.3% in May from 4.23% in April, has been on a downward trajectory since then. The RBI, which mainly takes into account retail inflation to decide the monetary policy every two months, has been tasked by the government to keep it at 4 per cent, with a tolerance band of 2% on either side.

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Evening Wrap will return tomorrow.  

 
 
 
 
 
 
 
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