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Saturday, January 9, 2016

“ creation of corruption is state function”- Maharashtra charity commissioner

Recently Social activist Anna Hazare and other trustees of his non-governmental organization (NGO), Bhrashtachar Virodhi Jan Andolan, have been suspended for not dropping the word “anti-corruption” from its name. A joint commissioner’s say  on this issue is “It’s the responsibility of the government to check corruption and it has a mechanism. The job of the NGOs is to carry out social work and they should stick to it,”



However the original circular on which joint commissioners’ action is relied , speaks otherwise. It  says “ THE CREATION OF CORRUPTION IS NOT CHARITABLE PURPOSE BUT IT IS A STATE FUNCTION. FOR THE SAID PURPOSE THERE ARE SUBSTANTIAL LAWS AND GOVT MACHINERY ARE EXERCISING DIFFERENT POWERS”. How true, isn’t it?.It describes exact status of government functioning in India.  This circular was issued by then charity commissioner of Maharashtra in December 1999



Sixteen years later of said circular joint charity commissioner of Pune region, Shivkumar Dighe, had in June last year directed NGOs to drop ‘anti-corruption’ references from their names and threatened to suspend the trustees if they refused to comply with the order .Anna Hazare’s  Bhrashtachar Virodhi Jan Andolan didn’t comply with the order. And accordingly all the trustees were suspended.

However the original circular and the High court order on which said circular is based are highly debatable. After   denial from assistant charity commissioner to register a NGO “Mrugjal Bhrashtachar nirmulan samite” on the grounds that it had a word “ Bhrashtachar Nirmulan” ( eradication of corruption) it its name.The Applicant has filed the proposal for registration of the society.The name of the society revealed that society was formed for the purpose of removing the corruption but the objects of were different. Hence assistant charity commissioner refused the application. Then “Mrugjal” moved to Aurangabad bench of Mumbai High Court . High court however disposed of the petition on admission stage without any orders .




Now if NGO can use word anti- corruption or bhrashtachar nirmulan in their names or are they allowed do the said work as per act may be the point of  debate . However it is the fact that even after 1999 charity commission itself has registered several such societies. 


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