community service report ankit
TRANSCRIPT
COMMUNITY SERVICE REPORT
TITLED: HELPLESS CHILDRENS, ORPHANS SUBJECT TO HELP FROM NGOS AND GOVT. ORGANISATIONS.
(Completed under the guidance of HUG HUMAN)
#5, 4th Cross end, Gundappa road, Manjunatha layout, Nagashettyhalli,Bangalore-560094.Mob: [email protected]
Submitted by:AA9027,AA9048,AA9050,AA9051,AA9052,AA9053,AA9054,AA9055,AA9058,AA9059,AA9060,AB9003,AB9005,AB9006,AB9007(Group leader),AB9008(2nd group leader),AB9010,AB9014.
SUBMITTED TO
Through
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STUDENT'S DECLARATION
I HERE BY SOLEMNLY AFFIRM, DECLARE AND STATE THAT the
community service done under the supervision of “HUG HUMAN” was done by
me with due diligence and sincerity and this report based on that study is a
bonafied work by me and my group and submitted to the Annamalai University
through Ramaiah Institute of Management Sciences. This report report is an
original work and not submitted earlier to any University/Institute.
Date :Enrl. No: AB-9005
Place : Bengaluru
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Certificate of the Institute
This is to certify that the community services project titled HELPLESS CHILDRENS, ORPHANS SUBJECT TO HELP FROM NGOS AND
GOVT. ORGANISATIONS. submitted to Annamalai University for the partial fulfilment of the requirement for the award of the Degree of Master of Business Administration, it is a bonafide NGO work carried out by Ankit Gupta, bearing Registration Number- …AB-9005
Project Coordinator: Murali S Date: ………………….
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ACKNOWLEDGEMENT
I would like to express my deepest gratitude to NASAR HUSSAIN founder and president of
HUG HUMAN welfare &charitable trust ®
I wish to register my thanks to Dr. M R PATTABHIRAM Director, RIMS Bangalore.
I take this opportunity to thank our beloved Dean Dr Y RAJARAM for giving me an
opportunity to undergo this study.
It is a great pleasure to express my deepest gratitude to Mr. MURLI of RIMS, Bangalore for his
efforts to get us into the organization and serve our society.
I would like to thank and express my gratitude to my group for their exclusive contribution in
this Project Work.
Place: Bangalore ANKIT GUPTA
Date : Reg.No: AB-9005
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TABLE OF CONTENTS
S.No. TITLES PAGE No.
1. Front Page 12. HUG HUMAN certificate 22. Student’s Declaration 33. Certificate from College 4.3. Acknowledgement 54. Table of Contents 65. Introduction 76. Types of Organisation 87. Types of NGO’s 178. Steps in Establishing NGO’s 229. List of NGO’s in Karnataka 3610. Orphans 5011. Orphanage 5412. HUG HUMAN 5613. Greater Hope International India, Bangalore 6314. Working Experience 7015. Conclusion and Recommendations 7116. Bibliography 73
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INTRODUCTION
A non-governmental organization (NGO) is a legally constituted, non-governmental organization created by natural or legal persons with no participation or representation of any government. In the cases in which NGOs are funded totally or partially by governments, the NGO maintains its non-governmental status by excluding government representatives from membership in the organization. Unlike the term "intergovernmental organization", "non-governmental organization" is a term in general use but is not a legal definition. In many jurisdictions, these types of organization are defined as "civil society organizations" or referred to by other names.
History
National NGOs go back to antiquity. International non-governmental organizations have a history dating back to at least 1839. Rotary, later Rotary International, was founded in 1905. It has been estimated that by 1914 there were 1083 NGOs. International NGOs were important in the anti-slavery movement and the movement for women's suffrage, and reached a peak at the time of the World Disarmament Conference. However, the phrase "non-governmental organization" only came into popular use with the establishment of the United Nations Organization in 1945 with provisions in Article 71 of Chapter 10 of the United Nations Charter for a consultative role for organizations which are neither governments nor member states—see Consultative Status. The definition of "international NGO" (INGO) is first given in resolution 288 (X) of ECOSOC on February 27, 1950: it is defined as "any international organization that is not founded by an international treaty". The vital role of NGOs and other "major groups" in sustainable development was recognized in Chapter 27 of Agenda 21, leading to intense arrangements for a consultative relationship between the United Nations and non-governmental organizations.
Rapid development of the non-governmental sector occurred in western countries as a result of the processes of restructurization of the welfare state. Further globalization of that process occurred after the fall of the communist system and was an important part of the Washington consensus.
Globalization during the 20th century gave rise to the importance of NGOs. Many problems could not be solved within a nation. International treaties and international organizations such as the World Trade Organization were perceived as being too centred on the interests of capitalist enterprises. Some argued that in an attempt to counterbalance this trend, NGOs have developed to emphasize humanitarian issues, developmental aid and sustainable development. A prominent example of this is the World Social Forum which is a rival convention to the World Economic Forum held annually in January in Davos, Switzerland. The fifth World Social Forum in Porto Alegre, Brazil, in January 2005 was attended by representatives from more than 1,000 NGOs. Some have argued that in forums like these, NGOs take the place of what should belong to popular movements of the poor. Others argue that NGOs are often imperialist in nature, that they sometimes operate in a racialized manner in dominant countries, and that they fulfil a similar
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function to that of the clergy during the high colonial era. The philosopher Peter Hallward argues that they are an aristocratic form of politics. Whatever the case, NGO transnational networking is now extensive
Types of Organizations: 1. TrustsThe public charitable trust is a possible form of not-for-profit entity in India. Typically, public charitable trusts can be established for a number of purposes, including the relief of poverty, education, medical relief, provision of facilities for recreation, and any other object of general public utility. Indian public trusts are generally irrevocable. No national law governs public charitable trusts in India, although many states (particularly Maharashtra, Gujarat, Rajasthan, and Madhya Pradesh) have Public Trusts Acts. Public charitable trusts, as distinguished from private trusts, are designed to benefit members of an uncertain and fluctuating class. In determining whether a trust is public or private, the key question is whether the class to be benefited constitutes a substantial segment of the public. There is no central law governing public charitable trusts, although most states have "Public Trusts Acts." Typically, a public charitable trust must register with the office of the Charity Commissioner having jurisdiction over the trust (generally the Charity Commissioner of the state in which the trustees register the trust) in order to be eligible to apply for tax-exemption.
In general, trusts may register for one or more of the following purposes: Relief of Poverty or Distress; Education; Medical Relief; Provision for facilities for recreation or other leisure -time occupation (including assistance for such provision), if the facilities are provided in the interest of social welfare and public benefit; and The advancement of any other object of general public utility, excluding purposes which relate exclusively to religious teaching or worship.
At least two trustees are required to register a public charitable trust. In general, Indian citizens serve as trustees, although there is no prohibition against non-natural legal persons or foreigners serving in this capacity.
Legal title of the property of a public charitable trust vests in the trustees. Trustees of a public charitable trust may not, however, in any way use trust property or their position for their own interest or private advantage. Trustees may not enter into agreements in which they may have a personal interest that conflicts or may possibly conflict with the interests of the beneficiaries of the trust (whose interests the trustees are bound to protect). Trustees may not delegate any of their duties, functions or powers to a co-trustee or any other person, except that trustees may delegate ministerial acts. In essence, trustees may not delegate authority with respect to duties requiring the exercise of discretion.
Trustees of religious or charitable trusts are charged with discharging their duties with the degree of care that an ordinarily prudent person would exercise with respect to his personal property. This is a slight variant on the duty of care applicable in many U.S. jurisdictions, which requires
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directors and officers to act with the degree of diligence, care and skill that ordinarily prudent persons would exercise under similar circumstances in like positions (as opposed to in the management of their personal affairs). Public charitable trusts are highly regulated. For instance, in many states, purchases or sales of property by a trust must be approved in advance by the Charity Commissioner.
Indian public charitable trusts are generally irrevocable. If a trust becomes inactive due to the negligence of its trustees, the Charity Commissioner may take steps to revive the trust. Furthermore, if it becomes too difficult to carry out the objects of a trust, the doctrine of cy pres, meaning "as near as possible," may be applied to change the objects of the trust. Thus, it appears that grantors can feel fairly secure that the charitable nature of a trust will be honored, even if the original, specific purposes of the trust cannot be carried out.
2. Societies Societies are membership organizations that may be registered for charitable purposes. Societies are usually managed by a governing council or a managing committee. Societies are governed by the Societies Registration Act 1860, which has been adapted by various states. Unlike trusts, societies may be dissolved. Societies are governed by the Societies Registration Act 1860, which is an all-India Act. Many states, however, have variants on the Act.
Societies are similar in character to trusts, although there a few essential differences. While only two individuals are required to form a trust, a minimum of seven individuals are required to form a society. The applicants must register the society with the state Registrar of Societies having jurisdiction in order to be eligible to apply for tax-exempt status. A registration application includes the society's memorandum of association and rules and regulations. In general, Indian citizens serve as members of the managing committee or governing council of societies, although there is no prohibition in the Societies Registration Act against non-natural legal persons or foreigners serving in this capacity.
According to section 20 of the Act, the types of societies that may be registered under the Act include, but are not limited to, the following: Charitable societies; Societies established for the promotion of science, literature, or the fine arts, For education; and Public art museums and galleries, and certain other types of museums.
The governance of societies also differs from that of trusts; societies are usually managed by a governing council or managing committee, whereas trusts are governed by their trustees. Individuals or institutions or both may be members of a society. The general body of members delegates the management of day-to-day affairs to the managing committee, which is usually elected by the membership. Members of the general body of the society have voting rights and can demand the submission of accounts and the annual report of the society for inspection. Members of the managing committee may hold office for such period of time as may be specified under the bylaws of the society.
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Societies, unlike trusts, must file annually, with the Register of Societies, a list of the names, addresses and occupations of their managing committee members. Furthermore, in a society, all property is held in the name of the society, whereas all of the property of a trust legally vests in the trustees.
Unlike trusts, societies may be dissolved. Dissolution must be approved by at least three-fifths of the society's members. Upon dissolution, and after settlement of all debts and liabilities, the funds and property of the society may not be distributed among the members of the society. Rather, the remaining funds and property must be given or transferred to some other society, preferably one with similar objects as the dissolved entity.
3. Sec. 25 Companies A section 25 company is a company with limited liability that may be formed for "promoting commerce, art, science, religion, charity or any other useful object," provided that no profits, if any, or other income derived through promoting the company's objects may be distributed in any form to its members. The Indian Companies Act, 1956, which principally governs for-profit entities, permits certain companies to obtain not-for-profit status as "section 25 companies." A section 25 company may be formed for "promoting commerce, art, science, religion, charity or any other useful object." A section 25 company must apply its profits, if any, or other income to the promotion of its objects, and may not pay a dividend to its members. At least three individuals are required to form a section 25 company. The founders or promoters of a section 25 company must submit application materials to the Regional Director of the Company Law Board. The application must include copies of the memorandum and articles of association of the proposed company, as well as a number of other documents, including a statement of assets and a brief description of the work proposed to be done upon registration.
The internal governance of a section 25 company is similar to that of a society. It generally has members and is governed by directors or a managing committee or a governing council elected by its members. Like a society (but unlike a trust), a section 25 company may be dissolved. Upon dissolution and after settlement of all debts and liabilities, the funds and property of the company may not be distributed among the members of the company. Rather, the remaining funds and property must be given or transferred to some other section 25 company, preferably one having similar objects as the dissolved entity.
Tax LawsIndia ’s tax laws affecting NGOs are similar to the tax laws of other Commonwealth nations. These laws may have some impact on U.S. grantmakers, and thus are summarized here. India provides for exemption from corporate income taxes of the income of certain NGOs carrying out specific types of activities, with unrelated business income being subject to tax under certain circumstances. India also subjects certain sales of goods and services to VAT, with a fairly broad range of exempt activities. The rates range from 4 percent to 12 percent, with most goods and services taxed at 8 percent.
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The income tax law and the corporate tax law provide tax benefits for donors, and these may be relevant to an American corporation doing business in India in deciding whether to engage in direct corporate grantmaking in India. The existence of a double taxation treaty between India and the United States may also affect gift planning decisions of U.S. corporate grantmakers doing business in India. Finally, not-for-profit organizations involved in relief work and in the distribution of relief supplies to the needy are 100% exempt from Indian customs duty on the import of items such as food, medicine, clothing and blankets. Other exemptions may also be available.
Public Benefit StatusTo be eligible for tax-exemption under the Income Tax Act, 1961, a not-for-profit entity must be organized for religious or charitable purposes. Charitable purposes include "relief of the poor, education, medical relief and the advancement of any other object of general public utility." Public charitable trusts, by definition, must be created for the benefit of the public. Societies likewise may be registered for charitable purposes. Section 25 companies are formed for the limited purposes of "promoting commerce, art, science, religion, charity or any other useful object."
Applicable LawsConstitution of India Articles 19(1)(c) and 30; Income Tax Act, 1961; Public Trusts Acts of various states; Societies Registration Act, 1860; Indian Companies Act, 1956, section 25; Foreign Contribution (Regulation) Act, 1976;Maharashtra Value Added
Relevant Legal FormsThe right of all citizens to form associations or unions is guaranteed by the Constitution of India, Article 19(1)(c).
There are three pertinent legal forms of not-for-profit entities under Indian law: trusts, societies, and section 25 companies (as well as cooperatives and trade unions, which, as mutual benefit organizations, are not discussed in this note). Many state and central government agencies have regulatory authority over these not-for-profit entities. For example, all not-for-profit organizations are required to file annual tax returns and audited account statements with various agencies. At the state level, these agencies include the Charity Commissioner (for trusts), the Registrar of Societies (referred to in some states by different titles, including the Registrar of Joint Stock Companies), and the Registrar of Companies (for section 25 companies). At the national or federal level, the regulatory bodies include the income tax department and Ministry of Home Affairs (only for not-for-profit organizations receiving foreign contributions).
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Specific Questions Regarding Local LawThe following discussion addresses the extent to which Indian not-for-profit entities satisfy the requirements for a charitable equivalency determination under section 501(c)(3) of the U.S. Internal Revenue Code of 1986, as amended (hereinafter the "Code"). The discussion is limited to the minimum requirements under Indian law; the governing documents of charitable entities may of course choose to include further provisions, which may satisfy the requirements of an equivalency determination. U.S. private foundation donors should, therefore, also review a potential grantee's governing documents for provisions relevant to an equivalency determination.
A. InurementPublic charitable trusts must benefit a large class of beneficiaries and must be for the public benefit. Moreover, trustees of public charitable trusts may not engage in self-dealing. Despite the clear charitable intent of a public charitable trust, absent a provision in the trust deed specifically prohibiting private inurement, it is unclear whether public charitable trusts satisfy the prohibition on private inurement in Code section 501(c)(3).
The Societies Registration Act 1860 does not prohibit the inurement of any earnings of the society to any private shareholder or individual.
The Indian Companies Act, 1956, section 25 specifically provides that no profits, if any, or other income may be distributed by way of dividends to its members.
B. Proprietary Interest Whether an individual may have a proprietary interest in a not-for-profit entity relates to the issue of inurement. Trustees of a public charitable trust hold trust assets on behalf of the trust. Thus, although trustees have legal title to the trust's assets, they hold these assets for the beneficiaries of the trust, not for themselves. Members of the managing committee or governing council of a society or section 25 company hold the assets of a society or section 25 company.
C. DissolutionIndian public charitable trusts are generally irrevocable. If a trust becomes inactive due to the negligence of its trustees, the Charity Commissioner may take steps to revive the trust. Furthermore, if it becomes too difficult to carry out the objects of a trust, the doctrine of cy pres, meaning "as near as possible," may be applied to change the objects of the trust. Thus, it appears donors could feel fairly secure in the event the trust can no longer accomplish its initial purposes; the trust's purposes would be changed to another similar public charitable purpose, or in the unlikely event of a distribution or winding up of a trust due to changed circumstances, the trust assets would be used for similar charitable purposes.
Unlike trusts, societies and section 25 companies may be dissolved. Upon dissolution and after settlement of all debts and liabilities, the funds and property of the society or company may not be distributed among the members. Instead, the remaining funds and property must be given or transferred to some other society or section 25 company, preferably one with similar objects. D. Activities
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Economic Activities There are no restrictions on Indian NPOs’ business/commercial/economic activities. However, the profits must be applied fully towards charitable objects. If this is not done, then the NPO will lose its income tax exemption and its income will be liable to tax at the maximum marginal rate (35.1%). Further the NPO must maintain separate books of account for the business/commercial/economic activities. [Income Tax Act, 1961 (seventh proviso to section 10(23C); section 11, subsection 4 and 4A)].
Investment ActivitiesState and national laws limit the types of investments Indian not-for-profit organizations may make. For example, Indian not-for-profit organizations may not invest in shares of public or private limited companies. Furthermore, not-for-profit organizations registered in India may not invest abroad.
E. Political Activities Not-for-profit organizations in India may not engage in political campaign activities or legislative activities. Indian not-for-profit entities may "lobby" for non-political causes, however, provided that such activity promotes the "general public utility" and is incidental to the attainment of the charity's objects.
F. DiscriminationArticle 30 of the Constitution of India gives all "minorities," whether based on religion or language, the right to establish and administer educational institutions of their choice. "Minority" is defined as those groups that wish to preserve stable ethnic, religious or linguistic traditions or characteristics markedly different from those of the rest of the population. Accordingly, special inquiry should be made when donors are considering providing grants to educational institutions. G. Control of Organization With regard to charities in general, trustees are expected to be independent. It is, however, ordinarily possible for another legal person to influence the selection of directors, officers, or trustees – for example, by making a donation contingent on the donor's right to appoint a member of the board. A for-profit company that creates a public charitable trust can exert more direct control. The for-profit company could, in the process of founding the public charitable trust, reserve the authority to appoint and remove trustees and to influence major policy decisions. This is typical of a form of public charitable trust known as a "corporate foundation," which is essentially controlled by its for-profit founder, or "settlor."
In the case of a Section 25 company or a society, members always have the right to remove directors and thus to influence policy. These members can include for-profit entities. Therefore, it is possible that an Indian charity may be controlled, perhaps indirectly, by a for-profit entity (which will lead to additional IRS scrutiny) or by an American grantor charity (which requires that the charity specifically so provide in the affidavit).
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Tax Laws
A. Tax Exemptions
1. General Scheme The Income Tax Act, 1961, which is a national all-India Act, governs tax exemption of not-for-profit entities. Organizations may qualify for tax-exempt status if the following conditions are met: The organization must be organized for religious or charitable purposes; The organization must spend 85% of its income in any financial year (April 1st to March 31st) on the objects of the organization. The organization has until 12 months following the end of the financial year to comply with this requirement. Surplus income may be accumulated for specific projects for a period ranging from 1 to 5 years; The funds of the organization must be deposited as specified in section 11(5) of the Income Tax Act; No part of the income or property of the organization may be used or applied directly or indirectly for the benefit of the founder, trustee, relative of the founder or trustee or a person who has contributed in excess of Rs. 50,000 to the organization in a financial year; The organization must timely file its annual income return; andThe income must be applied or accumulated in India. However, trust income may be applied outside India to promote international causes in which India has an interest, without being subject to income tax.
2. Corpus Donations Corpus donations or donations to endowment are capital contributions and should not be included to compute the total income of the organization.
3. Business Income Under amendments to Section 11(4A) of the Income Tax Act 1961, a not-for-profit organization is not taxed on income from a business that it operates that is incidental to the attainment of the objects of the not-for-profit organization, provided the entity maintains separate books and accounts with respect to the business. Furthermore, certain activities resulting in profit, such as renting out auditoriums, are not treated as income from a business.
4. Disqualification from ExemptionThe following groups are ineligible for tax exemption: all private religious trusts; and charitable trusts or organizations created after April 1, 1962, and established for the benefit of any particular religious community or caste. But note that a trust or organization established for the benefit of "Scheduled Castes, backward classes, Scheduled Tribes or women and children" is an exception; such a trust or organization is not disqualified, and its income is exempt from taxation.
B. Value Added TaxIndia subjects certain sales of goods and services to VAT, with a fairly broad range of exempt activities. The rates range from 4 percent to 12 percent, with most goods and services taxed at 8
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percent. An entity (including a public charitable trust) is liable under the VAT Act if its sales/purchase turnover in the previous year exceeded Rs.500,000. The threshold is lower, Rs.100,000, for importers. Several other tax laws have now merged into VAT, including Sales Tax Act, Motor Spirit Taxation Act, Purchase Tax on Sugarcane Act, and Transfer of Right to Use Act.
C. Tax Deduction for Donors The Income Tax Act, section 80G, sets forth the types of donations that are tax-deductible. The Act permits donors to deduct contributions to trusts, societies and section 25 companies. Many institutions listed under 80G are government-related; donors are entitled to a 100% deduction for donations to some of these government funds. Donors are generally entitled to a 50% deduction for donations to non-governmental charities. Total deductions taken may not exceed 10% of the donor's total gross income.
The following are examples of governmental charities listed in section 80G, contributions to which entitle the donor to a 100% deduction: the Prime Minister's National Relief Fund; the Prime Minister's Armenia Earthquake Relief Fund; the Africa (Public Contributions – India) Fund; and the National Foundation for Communal Harmony.
As to those entities not specifically enumerated in section 80G, donors may deduct 50% of their contributions to such organizations, provided the following conditions are met: the institution or fund was created for charitable purposes in India; the institution or fund is tax-exempt; the institution's governing documents do not permit the use of income or assets for any purpose other than a charitable purpose; the institution or fund is not expressed to be for the benefit of any particular religious community or caste; and the institution or fund maintains regular accounts of its receipts and expenditure. Note that donations to institutions or funds "for the benefit of any particular religious community or caste" are not tax-deductible. A not-for-profit organization created exclusively for the benefit of a particular religious community or caste may, however, create a separate fund for the benefit of "Scheduled castes, backward classes, Scheduled Tribes or women and children." Donations to these funds may qualify for deduction under section 80G, even though the organization, as a whole, may be for the exclusive benefit of only a particular religious community or caste. The organization must maintain a separate account of the monies received and disbursed through such a fund. In-kind donations are not tax-deductible under Section 80G. Receipts issued to donors by not-for-profit organizations must bear the number and date of the 80G certificate and indicate the period for which the certificate is valid.
The Income Tax Act contains a number of other provisions permitting donors to deduct contributions. Under section 35AC of the Act, donors may deduct 100% of contributions to various projects, including 1) construction and maintenance of drinking water projects in rural areas and in urban slums; 2) construction of dwelling units for the economically disadvantaged; and 3) construction of school buildings, primarily for economically disadvantaged children.
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Furthermore, under section 35CCA of the Act, donors may deduct 100% of their contributions to associations and institutions carrying out rural development programs and, under Section 35CCB of the Act, 100% of their donations to associations and institutions carrying out programs of conservation of natural resources. A weighted deduction of 125% is also allowed for contributions to organizations approved under section 35(1)(ii) (a scientific research institute or a university, college or other institution) specifically for "scientific research," and for contributions made under section 35(1)(iii) specifically for "research in social science or statistical research."
D. Reporting Foreign ContributionsUnder the Foreign Contribution (Regulation) Act, 1976 (FCRA), all not-for-profit organizations in India (e.g., public charitable trusts, societies and section 25 companies) wishing to accept foreign contributions must a) register with the Central Government; and b) agree to accept contributions through designated banks. Furthermore, not-for-profit entities must report to the Central Government regarding foreign contributions received, within 30 days of their receipt, and must file annual reports with the Home Ministry. The entity must report the amount of the foreign contribution, its source, the manner in which it was received, the purpose for which it was intended, and the manner in which it was used. Foreign contributions include currency, securities, and articles, except personal gifts under Rs. 1,000 (approximately $20). Funds collected by an Indian citizen in a foreign country on behalf of a not-for-profit entity registered in India are considered foreign contributions. Moreover, funds received in India, in Indian currency, if from a foreign source, are considered foreign contributions. According to FC(R)A guidelines if 50% or more of the “office bearers” (not members of the board of management) of a trust/society or section 25 Company change, the organization must apply to the Home Ministry for approving the change. This approval could take as long as three to four months. However, in the interim period, the FC(R)A registration granted to the organization would stand “suspended”.
FC(R)A guidelines require that an organization allowed to receive funds from a foreign source, may provide funds from its FC(R)A account to another organization, only if the other organization also has clearance from the Home Ministry to receive funds from a foreign source.
If the foreign donor agency specifies in writing that the whole or part of the grant may be taken to “corpus”, the recipient organization may do so. Such corpus fund may be invested in an approved security.
The “interest” or “dividend” generated should be accounted for as amount received by way of interest on deposit drawn out of funds received from a foreign source. In other words, even the interest/dividend received in India in Indian rupees must be disclosed in the Return Form FC-3.
E. Customs DutyNot-for-profit organizations involved in relief work and in the distribution of relief supplies to the needy are 100% exempt from customs duty on the import of items such as food, medicine,
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clothing and blankets. Moreover, other exemptions may be available, such as an exemption from customs duty for scientific/technical equipment and components intended for research institutes. Donors should investigate whether an exemption from customs duty is available before shipping articles to not-for-profit entities in India. F. Double Tax TreatyIndia and the United States signed a double-tax treaty on September 12, 1989. The treaty does not address issues related to charitable giving or not-for-profit entities.
Types of NGOs
NGO type can be understood by their orientation and level of co-operation.
NGO type by orientation
Charitable orientation; Service orientation; Participatory orientation; Empowering orientation;
NGO type by level of co-operation
Community- Based Organisation; City Wide Organisation; National NGOs; International NGOs;
Apart from "NGO", often alternative terms are used as for example: independent sector, volunteer sector, civil society, grassroots organizations, transnational social movement organizations, private voluntary organizations, self-help organizations and non-state actors (NSA's).
Non-governmental organizations are a heterogeneous group. A long list of acronyms has developed around the term "NGO".
These include:
BINGO, short for business-friendly international NGO or big international NGO; CITS, helping scientific community by motivating young talent towards research &
development CSO, short for civil society organization; DONGO: Donor Organized NGO; ENGO: short for environmental NGO, such as Global 2000 ;
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GONGOs are government-operated NGOs, which may have been set up by governments to look like NGOs in order to qualify for outside aid or promote the interests of the government in question;
INGO stands for international NGO; Oxfam is an international NGO and The Library Project out of Xian, China;
QUANGOs are quasi-autonomous non-governmental organizations, such as the International Organization for Standardization (ISO). (The ISO is actually not purely an NGO, since its membership is by nation, and each nation is represented by what the ISO Council determines to be the 'most broadly representative' standardization body of a nation. That body might itself be a nongovernmental organization; for example, the United States is represented in ISO by the American National Standards Institute, which is independent of the federal government. However, other countries can be represented by national governmental agencies; this is the trend in Europe.)
TANGO: short for technical assistance NGO; GSO: Grassroots Support Organization MANGO: short for market advocacy NGO CHARDS:Community Health and Rural Development Society
There are also numerous classifications of NGOs. The typology the World Bank uses divides them into Operational and Advocacy:[14]
The primary purpose of an operational NGO is the design and implementation of development-related projects. One frequently used categorization is the division into relief-oriented versus development-oriented organizations; they can also be classified according to whether they stress service delivery or participation; or whether they are religious or secular; and whether they are more public or private-oriented. Operational NGOs can be community-based, national or international.
The primary purpose of an Advocacy NGO is to defend or promote a specific cause. As opposed to operational project management, these organizations typically try to raise awareness, acceptance and knowledge by lobbying, press work and activist events.
USAID refers to NGOs as private voluntary organisations. However many scholars have argued that this definition is highly problematic as many NGOs are in fact state and corporate funded and managed projects with professional staff.[citation needed]
NGOs exist for a variety of reasons, usually to further the political or social goals of their members or funders. Examples include improving the state of the natural environment, encouraging the observance of human rights, improving the welfare of the disadvantaged, or representing a corporate agenda. However, there are a huge number of such organizations and their goals cover a broad range of political and philosophical positions. This can also easily be applied to private schools and athletic organizations.
Methods
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NGOs vary in their methods. Some act primarily as lobbyists, while others primarily conduct programs and activities. For instance, an NGO such as Oxfam, concerned with poverty alleviation, might provide needy people with the equipment and skills to find food and clean drinking water, whereas an NGO like the FFDA helps through investigation and documentation of human rights violations and provides legal assistance to victims of human rights abuses. Others, such as Afghanistan Information Management Services, provide specialized technical products and services to support development activities implemented on the ground by other organizations.
Public relations
Non-governmental organizations need healthy relationships with the public to meet their goals. Foundations and charities use sophisticated public relations campaigns to raise funds and employ standard lobbying techniques with governments. Interest groups may be of political importance because of their ability to influence social and political outcomes. A code of ethics was established in 2002 by The World Association of Non Governmental NGOs.
Consulting
Project management
There is an increasing awareness that management techniques are crucial to project success in non-governmental organizations. Generally, non-governmental organizations that are private have either a community or environmental focus. They address varieties of issues such as religion, emergency aid, or humanitarian affairs. They mobilize public support and voluntary contributions for aid; they often have strong links with community groups in developing countries, and they often work in areas where government-to-government aid is not possible. NGOs are accepted as a part of the international relations landscape, and while they influence national and multilateral policy-making, increasingly they are more directly involved in local action.
Staffing
Not all people working for non-governmental organizations are volunteers. The reasons people volunteer are not necessarily purely altruistic, and can provide immediate benefits for themselves as well as those they serve, including skills, experience, and contacts.
There is some dispute as to whether expatriates should be sent to developing countries. Frequently this type of personnel is employed to satisfy a donor who wants to see the supported project managed by someone from an industrialized country. However, the expertise these employees or volunteers may be counterbalanced by a number of factors: the cost of foreigners is typically higher, they have no grassroot connections in the country they are sent to, and local expertise is often undervalued.
The NGO sector is an important employer in terms of numbers. For example, by the end of 1995, CONCERN worldwide, an international Northern NGO working against poverty, employed 174
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expatriates and just over 5,000 national staff working in ten developing countries in Africa and Asia, and in Haiti.
Funding
Large NGOs may have annual budgets in the hundreds of millions or billions of dollars. For instance, the budget of the American Association of Retired Persons (AARP) was over US$540 million in 1999. Funding such large budgets demands significant fundraising efforts on the part of most NGOs. Major sources of NGO funding include membership dues, the sale of goods and services, grants from international institutions or national governments, and private donations. Several EU-grants provide funds accessible to NGOs.
Even though the term "non-governmental organization" implies independence from governments, most NGOs depend heavily on governments for their funding. A quarter of the US$162 million income in 1998 of the famine-relief organization Oxfam was donated by the British government and the EU. The Christian relief and development organization World Vision collected US$55 million worth of goods in 1998 from the American government. Nobel Prize winner Médecins Sans Frontières (MSF) (known in the USA as Doctors Without Borders) gets 46% of its income from government sources.
Monitoring and control
In a March 2000 report on United Nations Reform priorities, former U.N. Secretary General Kofi Annan wrote in favour of international humanitarian intervention, arguing that the international community has a "right to protect" citizens of the world against ethnic cleansing, genocide, and crimes against humanity. On the heels of the report, the Canadian government launched the Responsibility to Protect R2P project, outlining the issue of humanitarian intervention. While the R2P doctrine has wide applications, among the more controversial has been the Canadian government's use of R2P to justify its intervention and support of the coup in Haiti.
Years after R2P, the World Federalist Movement, an organization which supports "the creation of democratic global structures accountable to the citizens of the world and call for the division of international authority among separate agencies", has launched Responsibility to Protect - Engaging Civil Society (R2PCS). A collaboration between the WFM and the Canadian government, this project aims to bring NGOs into lockstep with the principles outlined under the original R2P project.
The governments of the countries an NGO works or is registered in may require reporting or other monitoring and oversight. Funders generally require reporting and assessment, such information is not necessarily publicly available. There may also be associations and watchdog organizations that research and publish details on the actions of NGOs working in particular geographic or program areas.
In recent years, many large corporations have increased their corporate social responsibility departments in an attempt to preempt NGO campaigns against certain corporate practices. As the logic goes, if corporations work with NGOs, NGOs will not work against corporations.
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In December 2007, The United States Department of Defense Assistant Secretary of Defense (Health Affairs) S. Ward Casscells established an International Health Division under Force Health Protection & Readiness. Part of International Health's mission is to communicate with NGOs in areas of mutual interest. Department of Defense Directive 3000.05, in 2005, requires DoD to regard stability-enhancing activities as a mission of importance equal to warfighting. In compliance with international law, DoD has necessarily built a capacity to improve essential services in areas of conflict such as Iraq, where the customary lead agencies (State Department and USAID) find it difficult to operate. Unlike the "co-option" strategy described for corporations, the OASD(HA) recognizes the neutrality of health as an essential service. International Health cultivates collaborative relationships with NGOs, albeit at arms-length, recognizing their traditional independence, expertise and honest broker status. While the goals of DoD and NGOs may seem incongruent, the DoD's emphasis on stability and security to reduce and prevent conflict suggests, on careful analysis, important mutual interests.
Legal status
The legal form of NGOs is diverse and depends upon homegrown variations in each country's laws and practices. However, four main family groups of NGOs can be found worldwide:
Unincorporated and voluntary association Trusts, charities and foundations Companies not just for profit Entities formed or registered under special NGO or nonprofit laws
NGOs are not subjects of international law, as states are. An exception is the International Committee of the Red Cross, which is subject to certain specific matters, mainly relating to the Geneva Convention.
The Council of Europe in Strasbourg drafted the European Convention on the Recognition of the Legal Personality of International Non-Governmental Organizations in 1986, which sets a common legal basis for the existence and work of NGOs in Europe. Article 11 of the European Convention on Human Rights protects the right to freedom of association, which is also a fundamental norm for NGOs. NGO
Citizen organization
There is a growing movement within the “non-profit organization" and “non”-government sector to define itself in a more constructive, accurate way. Instead of being defined by “non” words, organizations are suggesting new terminology to describe the sector. The term “civil society organization” (CSO) has been used by a growing number of organizations, such as the Center for the Study of Global Governance. The term “citizen sector organization” (CSO) has also been advocated to describe the sector — as one of citizens, for citizens. This labels and positions the sector as its own entity, without relying on language used for the government or business sectors. However some have argued that this is not particularly helpful given that most NGOs are in fact funded by governments and business and that some NGOs are clearly hostile to independently organized people's organizations.
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STEPS IN ESTABLISHING NGOs
The first step in the establishment of the NGO is to identify the area of peculiar needs of the society, such as health, HIV/AIDS, Maternal Mortality, Polio, food, shelter, civil liberty and poverty alleviation among others. The second step is to identify people of similar minds; there must be a unity of purpose. The third step is to engage the services of a qualified legal practitioner for guidance for the Registration process. Some NGOs can be reigstered with the regional or central government and that depends on the scope of the operations of the proposed NGO. The next important step also is to identify the internal or external partners with a clearly stated objectives and plan of actions
NGO REGISTRATION METHODS – 1
1. Trust 2. Society, and 3. Non profit Company
In India non profit / public charitable organisations can be registered as trusts, societies, or a private limited non profit company, under section-25 companies. Non-profit organisations in India (a) exist independently of the state; (b) are self-governed by a board of trustees or ‘managing committee’/ governing council, comprising individuals who generally serve in a fiduciary capacity; (c) produce benefits for others, generally outside the membership of the organisation; and (d), are ‘non-profit-making’, in as much as they are prohibited from distributing a monetary residual to their own members.
Section 2(15) of the Income Tax Act – which is applicable uniformly throughout the Republic of India – defines ‘charitable purpose’ to include ‘relief of the poor, education, medical relief and the advancement of any other object of general public utility’. A purpose that relates exclusively to religious teaching or worship is not considered as charitable. Thus, in ascertaining whether a purpose is public or private, one has to see if the class to be benefited, or from which the beneficiaries are to be selected, constitute a substantial body of the public. A public charitable purpose has to benefit a sufficiently large section of the public as distinguished from specified individuals. Organisations which lack the public element – such as trusts for the benefit of workmen or employees of a company, however numerous – have not been held to be charitable. As long as the beneficiaries of the organisation comprise an uncertain and fluctuating body of the public answering a particular description, the fact that the beneficiaries may belong to a certain religious faith, or a sect of persons of a certain religious persuasion, would not affect the organisation’s ‘public’ character.
Whether a trust, society or section-25 company, the Income Tax Act gives all categories equal treatment, in terms of exempting their income and granting 80G certificates, whereby donors to non-profit organisations may claim a rebate against donations made. Foreign contributions to non-profits are governed by FC(R)A regulations and the Home Ministry. CAF would like to clarify that this material provides only broad guidelines and it is
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recommended that legal and or financial experts be consulted before taking any important legal or financial decision or arriving at any conclusion.
Formation and Registration of a Non -Profit organisations in India 1) Trust 2) Society 3) Section-25 Company Additional Licensing/ Registration
I. TrustsA public charitable trust is usually floated when there is property involved, especially in terms of land and building.
Legislation : Different states in India have different Trusts Acts in force, which govern the trusts in the state; in the absence of a Trusts Act in any particular state or territory the general principles of the Indian Trusts Act 1882 are applied.
Main Instrument : The main instrument of any public charitable trust is the trust deed, wherein the aims and objects and mode of management (of the trust) should be enshrined. In every trust deed, the minimum and maximum number of trustees has to be specified. The trust deed should clearly spell out the aims and objects of the trust, how the trust should be managed, how other trustees may be appointed or removed, etc. The trust deed should be signed by both the settlor/s and trustee/s in the presence of two witnesses. The trust deed should be executed on non-judicial stamp paper, the value of which would depend on the valuation of the trust property. Trustees : A trust needs a minimum of two trustees; there is no upper limit to the number of trustees. The Board of Management comprises the trustees.
Application for Registration : The application for registration should be made to the official having jurisdiction over the region in which the trust is sought to be registered.
After providing details (in the form) regarding designation by which the public trust shall be known, names of trustees, mode of succession, etc., the applicant has to affix a court fee stamp of Rs.2/- to the form and pay a very nominal registration fee which may range from Rs.3/- to Rs.25/-, depending on the value of the trust property.
The application form should be signed by the applicant before the regional officer or superintendent of the regional office of the charity commissioner or a notary. The application form should be submitted, together with a copy of the trust deed.
Two other documents which should be submitted at the time of making an application for registration are affidavit and consent letter.
II. SocietyAccording to section 20 of the Societies Registration Act, 1860, the following societies can be registered under the Act: ‘charitable societies, military orphan funds or societies established at
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the several presidencies of India, societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge, the diffusion of political education, the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public, or public museums and galleries of paintings and other works of art, collection of natural history, mechanical and philosophical inventions, instruments or designs.’
Legislation : Societies are registered under the Societies Registration Act, 1860, which is a federal act. In certain states, which have a charity commissioner, the society must not only be registered under the Societies Registration Act, but also, additionally, under the Bombay Public Trusts Act. Main Instrument : The main instrument of any society is the memorandum of association and rules and regulations (no stamp paper required), wherein the aims and objects and mode of management (of the society) should be enshrined.
Trustees : A Society needs a minimum of seven managing committee members; there is no upper limit to the number managing committee members. The Board of Management is in the form of a governing body or council or a managing or executive committee
Application for Registration : Registration can be done either at the state level (i.e., in the office of the Registrar of Societies) or at the district level (in the office of the District Magistrate or the local office of the Registrar of Societies).(2)
The procedure varies from state to state. However generally the application should be submitted together with: (a) memorandum of association and rules and regulations; (b) consent letters of all the members of the managing committee; (c) authority letter duly signed by all the members of the managing committee; (d) an affidavit sworn by the president or secretary of the society on non-judicial stamp paper of Rs.20-/, together with a court fee stamp; and (e) a declaration by the members of the managing committee that the funds of the society will be used only for the purpose of furthering the aims and objects of the society.
All the aforesaid documents which are required for the application for registration should be submitted in duplicate, together with the required registration fee. Unlike the trust deed, the memorandum of association and rules and regulations need not be executed on stamp paper.
III. Section-25 CompanyAccording to section 25(1)(a) and (b) of the Indian Companies Act, 1956, a section-25 company can be established ‘for promoting commerce, art, science, religion, charity or any other useful object’, provided the profits, if any, or other income is applied for promoting only the objects of the company and no dividend is paid to its members.
Legislation : Section-25 companies are registered under section-25 of the Indian Companies Act. 1956.
Main Instrument : For a section-25 company, the main instrument is a Memorandum and
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articles of association (no stamp paper required)
Trustees : A section-25 Company needs a minimum of three trustees; there is no upper limit to the number of trustees. The Board of Management is in the form of a Board of directors or managing committee.
Application for Registration : 1.An application has to be made for availability of name to the registrar of companies, which must be made in the prescribed form no. 1A, together with a fee of Rs.500/-. It is advisable to suggest a choice of three other names by which the company will be called, in case the first name which is proposed is not found acceptable by the registrar.
2.Once the availability of name is confirmed, an application should be made in writing to the regional director of the company law board. The application should be accompanied by the following documents: Three printed or typewritten copies of the memorandum and articles of association of the proposed company, duly signed by all the promoters with full name, address and occupation.
A declaration by an advocate or a chartered accountant that the memorandum and articles of association have been drawn up in conformity with the provisions of the Act and that all the requirements of the Act and the rules made thereunder have been duly complied with, in respect of registration or matters incidental or supplementary thereto.
Three copies of a list of the names, addresses and occupations of the promoters (and where a firm is a promoter, of each partner in the firm), as well as of the members of the proposed board of directors, together with the names of companies, associations and other institutions in which such promoters, partners and members of the proposed board of directors are directors or hold responsible positions, if any, with description of the positions so held.
A statement showing in detail the assets (with the estimated values thereof) and the liabilities of the association, as on the date of the application or within seven days of that date. An estimate of the future annual income and expenditure of the proposed company, specifying the sources of the income and the objects of the expenditure.
A statement giving a brief description of the work, if any, already done by the association and of the work proposed to be done by it after registration, in pursuance of section-25.
A statement specifying briefly the grounds on which the application is made.
A declaration by each of the persons making the application that he/she is of sound mind, not an undischarged insolvent, not convicted by a court for any offence and does not stand disqualified under section 203 of the Companies Act 1956, for appointment as a director.
3.The applicants must also furnish to the registrar of companies (of the state in which the registered office of the proposed company is to be, or is situate) a copy of the application and each of the other documents that had been filed before the regional director of the company law
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board.
4.The applicants should also, within a week from the date of making the application to the regional director of the company law board, publish a notice in the prescribed manner at least once in a newspaper in a principal language of the district in which the registered office of the proposed company is to be situated or is situated and circulating in that district, and at least once in an English newspaper circulating in that district.
5.The regional director may, after considering the objections, if any, received within 30 days from the date of publication of the notice in the newspapers, and after consulting any authority, department or ministry, as he may, in his discretion, decide, determine whether the licence should or should not be granted.
6.The regional director may also direct the company to insert in its memorandum, or in its articles, or in both, such conditions of the licence as may be specified by him in this behalf.
IV. Special LicensingIn addition to registration, a non-profit engaged in certain activities might also require special license/permission. Some of these include (but are not limited to):
A place of work in a restricted area (like a tribal area or a border area requires a special permit – the Inner Line Permit – usually issues either by the Ministry of Home Affairs or by the relevant local authority (i.e., district magistrate).
To open an office and employ people, the NGO should be registered under the Shop and Establishment Act.
To employ foreign staff, an Indian non-profit needs to be registered as a trust/society/company, have FCRA registration and also obtain a No Objection Certificate. The intended employee also needs a work visa.
A foreign non-profit setting up an office in India and wanting staff from abroad needs to be registered as a trust/society/company, needs permission from the Reserve Bank of India and also a No Objection Certificate from the Ministry of External Affairs.
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Comparision among Trust, Society and Non profit Company
Trust Society Section-25 Comapny
Statute/Legislation Relevant State Trust Act or Bombay Public Trusts Act, 1950
Societies Registration Act, 1860
Indian Companies Act, 1956
Jurisdiction Deputy Registrar/Charity commissioner
Registrar of societies (charity commissioner in Maharashtra).
Registrar of companies
Registration As trust As SocietyIn Maharashtra, both as a society and as a trust
As a company u/s 25 of the Indian Companies Act.
Registration Document
Trust deed Memorandum of association and rules and regulations
Memorandum and articles of association. and regulations
Stamp Duty Trust deed to be executed on non-judicial stamp paper, vary from state to state
No stamp paper required for memorandum of association and rules and regulations.
No stamp paper required for memorandum and articles of association.
Members Required Minimum – two trustees. No upper limit.
Minimum – seven managing committee members. No upper limit.
Minimum three trustees. No upper limit.
Board of Management
Trustees / Board of Trustees
Governing body or council/managing or executive committee
Board of directors/ Managing committee
Mode of Succession on Board of Management
Appointment or Election
Appointment or Election by members of the general body
Election by members of the general body
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NGO REGISTRATION METHODS – 2
1. Trust 2. Society, and 3. Non profit Company
I. Summary
A. Types of Organizations: 1. TrustsThe public charitable trust is a possible form of not-for-profit entity in India. Typically, public charitable trusts can be established for a number of purposes, including the relief of poverty, education, medical relief, provision of facilities for recreation, and any other object of general public utility. Indian public trusts are generally irrevocable. No national law governs public charitable trusts in India, although many states (particularly Maharashtra, Gujarat, Rajasthan, and Madhya Pradesh) have Public Trusts Acts.
2. Societies Societies are membership organizations that may be registered for charitable purposes. Societies are usually managed by a governing council or a managing committee. Societies are governed by the Societies Registration Act 1860, which has been adapted by various states. Unlike trusts, societies may be dissolved.
3. Sec. 25 Companies A section 25 company is a company with limited liability that may be formed for "promoting commerce, art, science, religion, charity or any other useful object," provided that no profits, if any, or other income derived through promoting the company's objects may be distributed in any form to its members.
B. Tax LawsIndia ’s tax laws affecting NGOs are similar to the tax laws of other Commonwealth nations. These laws may have some impact on U.S. grantmakers, and thus are summarized here. India provides for exemption from corporate income taxes of the income of certain NGOs carrying out specific types of activities, with unrelated business income being subject to tax under certain circumstances. India also subjects certain sales of goods and services to VAT, with a fairly broad range of exempt activities. The rates range from 4 percent to 12 percent, with most goods and services taxed at 8 percent.
The income tax law and the corporate tax law provide tax benefits for donors, and these may be relevant to an American corporation doing business in India in deciding whether to engage in direct corporate grantmaking in India. The existence of a double taxation treaty between India and the United States may also affect gift planning decisions of U.S. corporate grantmakers doing business in India. Finally, not-for-profit organizations involved in relief work and in the distribution of relief supplies to the needy are 100% exempt from Indian customs duty on the import of items such as food, medicine, clothing and blankets. Other exemptions may also be available.
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II. Applicable LawsConstitution of India Articles 19(1)(c) and 30; Income Tax Act, 1961; Public Trusts Acts of various states; Societies Registration Act, 1860; Indian Companies Act, 1956, section 25; Foreign Contribution (Regulation) Act, 1976;Maharashtra Value Added
III. Relevant Legal FormsThe right of all citizens to form associations or unions is guaranteed by the Constitution of India, Article 19(1)(c).
There are three pertinent legal forms of not-for-profit entities under Indian law: trusts, societies, and section 25 companies (as well as cooperatives and trade unions, which, as mutual benefit organizations, are not discussed in this note). Many state and central government agencies have regulatory authority over these not-for-profit entities. For example, all not-for-profit organizations are required to file annual tax returns and audited account statements with various agencies. At the state level, these agencies include the Charity Commissioner (for trusts), the Registrar of Societies (referred to in some states by different titles, including the Registrar of Joint Stock Companies), and the Registrar of Companies (for section 25 companies). At the national or federal level, the regulatory bodies include the income tax department and Ministry of Home Affairs (only for not-for-profit organizations receiving foreign contributions).
Public Interest Litigation
Remedies - Public Interest Litigation (PIL) - Part: 1
IntroductionThe Emergency of 1976 marked not just a political watershed in this country, but a judicial one as well. In the euphoria of the return to democracy and in an attempt to refurbish its image that had been tarnished by some Emergency decisions, the Supreme Court of India opened the floodgates to public interest litigation (PIL). under PIL, courts take up cases that concern not the rights of the petitioner but of the public at large. In the last two decades, PIL has emerged as one of the most powerful tools for promoting social justice and for protecting the rights of the poor.A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court. It is not necessary that the petitioner has suffered some injury of his own or has had personal grievance to litigate. PIL is a right given to the socially conscious member or a public spirited NGO to espouse a public cause by seeking judicial for redressal of public injury. Such injury may arise from breach of public duty or due to a violation of some provision of the Constitution. Public interest litigation is the device by which public participation in judicial review of administrative action is assured. It has the effect of making judicial process little more democratic.
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According to the guidelines of the Supreme Court any member of public having sufficient interest may maintain an action or petition by way of PIL provided: -
» There is a personal injury or injury to a disadvantaged section of the population for whom access to legal justice system is difficult,
» The person bringing the action has sufficient interest to maintain an action of public injury,
» The injury must have arisen because of breach of public duty or violation of the Constitution or of the law,
It must seek enforcement of such public duty and observance of the constitutional law or legal provisions.
» This is a powerful safeguard and has provided immense social benefits, where there is essentially failure on the part of the execute to ameliorate the problems of the oppressed citizens. Considering the importance of ths subject, three articles from the web on the subject are reproduced hereunder.
Among the numerous factors that have contributed to the growth of PIL in this country, the following deserve special mention:
» The character of the Indian Constitution. Unlike Britain, India has a written constitution which through Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) provides a framework for regulating relations between the state and its citizens and between citizens inter-se.
» India has some of the most progressive social legislation to be found anywhere in the world whether it be relating to bonded labor, minimum wages, land ceiling, environmental protection, etc. This has made it easier for the courts to haul up the executive when it is not performing its duties in ensuring the rights of the poor as per the law of the land.
» The liberal interpretation of locus standi where any person can apply to the court on behalf of those who are economically or physically unable to come before it has helped. Judges themselves have in some cases initiated suo moto action based on newspaper articles or letters received
» Although social and economic rights given in the Indian Constitution under Part IV are not legally enforceable, courts have creatively read these into fundamental rights thereby making them judicially enforceable. For instance the "right to life" in Article 21 has been expanded to include right to free legal aid, right to live with dignity, right to education, right to work, freedom from torture, barfetters and hand cuffing in prisons, etc.
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» Sensitive judges have constantly innovated on the side of the poor. for instance, in the Bandhua Mukti Morcha case in 1983, the Supreme Court put the burden of proof on the respondent stating it would treat every case of forced labor as a case of bonded labor unless proven otherwise by the employer. Similarly in the Asiad workers judgment case, Justice P.N. Bhagwati held that anyone getting less than the minimum wage can approach the Supreme Court directly without going through the labor commissioner and lower courts
» In PIL cases where the petitioner is not in a position to provide all the necessary evidence, either because it is voluminous or because the parties are weak socially or economically, courts have appointed commissions to collect information on facts and present it before the bench.
When and how to File a PIL
1.Make an informed decision to file a case.
2.Consult all affected interest groups who are possible allies.
3.Be careful in filing a case because i.Litigation can be expensive. ii.Litigation can be time consuming. iii.Litigation can take away decision making capability/strength from communities. iv.An adverse decision can affect the strength of the movement. v.Litigation involvement can divert the attention of the community away from the real issues.
4.If you have taken the decisioni.Collect all the relevant information ii.Be meticulous in gathering detail for use in the case. If you plan to use photographs, retain the negatives and take an affidavit from the photographer. Retain bills. iii.Write to the relevant authorities and be clear about your demands. iv.Maintain records in an organized fashion. v.Consult a lawyer on the choice of forum. vi.Engage a competent lawyer. If you are handling the matter yourself make sure you get good legal advice on the drafting. vii.A PIL can be filed only by a registered organization. If you are unregistered, please file the PIL in the name of an office bearer/member in his/her personal capacity. viii.You may have to issue a legal notice to the concerned parties/authorities before filing a PIL. Filing a suit against the government would require issuing a notice to the concerned officer department at least two months prior to filing.
Expanding Old Rights & Creating New OnesThere is an urgent need to expand old rights and create new rights. Indeed, the success of legal advocacy needs to be viewed by the social activist in these terms and not merely in terms of winning or losing cases. For instance, although Haksar and others, as part of their work on promoting human rights in Northeastern India, have been unsuccessful in their decade-long effort to get the Armed Forces Special Power Act repealed, they have succeeded in getting the provision in the criminal procedure code that women be searched only by women extended to the
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army.Similarly, it is important to try and create new rights based on a vision of the future. For instance Article 14 of the Indian Constitution treat both an MNC and a citizen equally despite the inherent and yawning inequality between the two. Therefore if a citizen's rights are to be fully protected in the wake of increasing MNC activity in the national economy, one needs to critique the concept of equality in liberal theory and develop new ideas on equality. The filing of test cases is one way of developing these new ideas.
The same holds true for individual rights vs. collective rights. The prevailing legal system recognizes only private property - where the owner has the right against the whole world - and public property, which belongs to the state. But before the imposition of the British legal system there existed a whole tradition of common property which now has no recognition in law. "Ass a result all forms of collective or shared realities whether they are in the realm of rights, relations, practices or knowledge have no place in the present legal scheme even though they are vital for human survival. They are not part of the language of legal discourse, either of the judges or lawyers and mention of these rights as 'collective human rights' is met with surprise, skepticism and often cynicism," say Pradeep Prabhu of Khastakari Sanghatana. Prabhu, an advocate by training, has had some recent success in getting the Supreme Court to accept the validity of oral testimonies of poor tribals as evidence.
Sensitising LawyersGiven the above scenario, one of the most difficult tasks for a social activist is to find a lawyer with a vision who is able to see the bigger picture and be prepared to fight for it. This calls for activists to sensitize lawyers on an ongoing basis and not restrict this activity to the peculiarities of a specific case. Also there is a need to sensitise law students in order to build a body of public interest lawyers in this country.
Part of the reason why there are few public interest lawyers in India is due to how poorly it pays. Public interest lawyers in the US (sometimes derisively called 'ambulance chasers') are easier to find. They largely operate on a 'no-win, no-fee' basis, given the huge damages that are awarded by US courts and which are then split between the client and the lawyer. In India even where free legal aid is provided - as it is to SCs & STs, industrial workers, women, bonded laborers, etc. - public- spirited lawyers end up paying out of their pocket as the amounts that are fixed for even photocopying of documents do not cover the cost of the service, says Ravi Rebba Pragada of the NGO Samata - which works among tribals in the Vishakapatnam district of Andhra Pradesh - who has accessed free legal aid services.In the U.K., where courts like those in India don't award massive damages, there has been an innovation in legal aid with wealthy benefactors pitching in to underwrite legal costs. One property developer underwrote the legal costs of a large number of arthritis patients who sued- for compensation for side effects they suffered from the drug Opren. Similarly Sir James Goldsmith, billionaire financier and father-in-law of Imran Khan, set up the Goldsmith Libel Fund which provided support to a motley assortment of libel defendants. But it is debatable if such private initiative would be forthcoming, or indeed welcome, to support PIL cases involving the poor and the marginalised. Activists, however, need to seriously consider the issue of getting more public-spirited lawyers to enter the fray.Public Interest Litigation - Part: 2
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Though the Constitution of India guarantees equal rights to all citizens, irrespective of race, gender, religion, and other considerations, and the "directive principles of state policy" as stated in the Constitution obligate the Government to provide to all citizens a minimum standard of living, the promise has not been fulfilled. The greater majority of the Indian people have no assurance of two nutritious meals a day, safety of employment, safe and clean housing, or such level of education as would make it possible for them to understand their constitutional rights and obligations. Indian newspapers abound in stories of the exploitation - by landlords, factory owners, businessmen, and the state's own functionaries, such as police and revenue officials - of children, women, villagers, the poor, and the working class.
Though India's higher courts and, in particular, the Supreme Court have often been sensitive to the grim social realities, and have on occasion given relief to the oppressed, the poor do not have the capacity to represent themselves, or to take advantage of progressive legislation. In 1982, the Supreme Court conceded that unusual measures were warranted to enable people the full realization of not merely their civil and political rights, but the enjoyment of economic, social, and cultural rights, and in its far- reaching decision in the case of PUDR [People's Union for Democratic Rights] vs. Union of India [1982 (2) S.C.C. 253], it recognised that a third party could directly petition, whether through a letter or other means, the Court and seek its intervention in a matter where another party's fundamental rights were being violated. In this case, adverting to the Constitutional prohibition on "begar", or forced labor and traffic in human beings, PUDR submitted that workers contracted to build the large sports complex at the Asian Game Village in Delhi were being exploited. PUDR asked the Court to recognize that "begar" was far more than compelling someone to work against his or her will, and that work under exploitative and grotesquely humiliating conditions, or work that was not even compensated by prescribed minimum wages, was violative of fundamental rights. As the Supreme Court noted,
The rule of law does not mean that the protection of the law must be available only to a fortunate few or that the law should be allowed to be prostituted by the vested interests for protecting and upholding the status quo under the guise of enforcement of their civil and political rights. The poor too have civil and political rights and rule of law is meant for them also, though today it exists only on paper and not in reality. If the sugar barons and the alcohol kings have the fundamental right to carry on their business and to fatten their purses by exploiting the consuming public, have the chamars belonging to the lowest strata of society no fundamental right to earn an honest living through their sweat and toil?Thus the court was willing to acknowledge that it had a mandate to advance the rights of the disadvantaged and poor, though this might be at the behest of individuals or groups who themselves claimed no disability. Such litigation, termed Public Interest Litigation or Social Action Litigation by its foremost advocate, Professor Upendra Baxi, has given the court "epistolary jurisdiction".Further Reading:What is Public Interest Litigation
IN BLACK'S LAW DICTIONARY : "Public Interest Litigation means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or class of the community have pecuniary interest or some interest by which their legal rights or
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liabilities are affected."Public Interest Litigation's explicit purpose is to alienate the suffering off all those who have borne the burnt of insensitive treatment at the hands of fellow human being. Transparency in public life & fair judicial action are the right answer to check increasing menace of violation of legal rights. Traditional rule was that the right to move the Supreme Court is only available to those whose fundamental rights are infringed.
But this traditional rule was considerably relaxed by the Supreme Court in its recent rulings:
Peoples Union for Democratic Rights v. Union of India ( A.I.R.. 1982 , S C 1473). The court now permits Public Interest Litigation or Social Interest Litigation at the instance of " Public spirited citizens" for the enforcement of constitutional & legal rights of any person or group of persons who because of their socially or economically disadvantaged position are unable to approach court for relief. Public interest litigation is a part of the process of participate justice and standing in civil litigation of that pattern must have liberal reception at the judicial door steps.
In the Judges Transfer Case - AIR 1982, SC 149: Court held Public Interest Litigation can be filed by any member of public having sufficient interest for public injury arising from violation of legal rights so as to get judicial redress. This is absolutely necessary for maintaining Rule of law and accelerating the balance between law and justice.It is a settled law that when a person approaches the court of equity in exercise of extraordinary jurisdiction, he should approach the court not only with clean hands but with clean mind, heart and with clean objectives.
Shiram Food & Fertilizer case AIR (1986) 2 SCC 176 SC through Public Interest Litigation directed the Co. Manufacturing hazardous & lethal chemical and gases posing danger to life and health of workmen & to take all necessary safety measures before re-opening the plant.
In the case of M.C Mehta V. Union of India (1988) 1 SCC 471 - In a Public Interest Litigation brought against Ganga water pollution so as to prevent any further pollution of Ganga water. Supreme court held that petitioner although not a riparian owner is entitled to move the court for the enforcement of statutory provisions , as he is the person interested in protecting the lives of the people who make use of Ganga water.
Parmanand Katara V. Union of India - AIR 1989, SC 2039 :- Supreme Court held in the Public Interest Litigation filed by a human right activist fighting for general public interest that it is a paramount obligation of every member of medical profession to give medical aid to every injured citizen as soon as possible without waiting for any procedural formalities.
Council For Environment Legal Action V. Union Of India - (1996)5 SCC281 : Public Interest Litigation filed by registered voluntary organisation regarding economic degradation in coastal area. Supreme Court issued appropriate orders and directions for enforcing the laws to protect ecology. A report entitled "Treat Prisoners Equally HC" published in THE TRIBUNE , Aug 23 Punjab & Haryana High Court quashed the provisions of jail manual dividing prisoners into A , B & C
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classes after holding that there cannot be any classification of convicts on the basis of their social status, education or habit of living .This is a remarkable ruling given by High Court by declaring 576-A paragraph of the manual to be " Unconstitutional".
State V. Union Of India - AIR 1996 Cal 181 at 218 : Public Interest Litigation is a strategic arm of the legal aid movement which intended to bring justice. Rule Of Law does not mean that the Protection of the law must be available only to a fortunate few or that the law should be allowed to be abused and misused by the vested interest. In a recent ruling of Supreme Court on " GROWTH OF SLUMS" in Delhi through Public Interest Litigation initiated by lawyers Mr. B.L. Wadhera & Mr. Almitra Patel Court held that large area of public land is covered by the people living in slum area . Departments despite being giving a dig on the slum clearance, it has been found that more and more slums are coming into existence. Instead of "Slum Clearance", there is "Slum Creation" in Delhi. As slums tended to increase; the Court directed the departments to take appropriate action to check the growth of slums and to create an environment worth for living.
During the last few years, Judicial Activism has opened up a new dimension for the Judicial process and has given a new hope to the millions who starve for their livelihood. There is no reason why the Court should not adopt activist approach similar to Court in America , so as to provide remedial amplitude to the citizens of India.
Supreme Court has now realised its proper role in welfare state and it is using its new strategy for the development of a whole new corpus of law for effective and purposeful implementation of Public Interest Litigation. One can simply approach to the Court for the enforcement of fundamental rights by writing a letter or post card to any Judge. That particular letters based on true facts and concept will be converted to writ petition. When Court welcome Public Interest Litigation , its attempt is to endure observance of social and economic programmes frame for the benefits of have-nots and the handicapped. Public Interest Litigation has proved a boon for the common men. Public Interest Litigation has set right a number of wrongs committed by an individual or by society. By relaxing the scope of Public Interest Litigation, Court has brought legal aid at the doorsteps of the teeming millions of Indians; which the executive has not been able to do despite a lot of money is being spent on new legal aid schemes operating at the central and state level. Supreme Court's pivotal role in expanding the scope of Public Interest Litigation as a counter balance to the lethargy and inefficiency of the executive is commendable.
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LIST OF NGOs IN KARNATAKA
Aasha Deepam - Bangalore
Aasha Kiran - Gulbarga
Ablaashrama - Bangalore
Academy For Severe Handicaps And Autism - Bangalore
Act Now - Bangalore
Act Now Trust - Bangalore
Action Aid India Bangalore - Bangalore
Action For Water Development Mysore Society - Bangalore
Action Service Hope For Aids - Bangalore
Adres Agricultural Development And Rural Education Society - Kolar
Afchaa - Hubli
Affus Woman Welfare Association - Hubli
Agastya International Foundation - Bangalore
Agriculture Man And Ecology - Bangalore
Aid Society Arabhavi - Belgaum
Aina Trust - Bangalore
Akhar Sevice Of Humanity - Bangalore
Alilu Seva Samsthe - Bangalore
Anandashram - Bangalore
Ananke A Social Service Organisation - Bangalore
Anchorage - Bangalore
Anekal Rehabilitation Education And Development Centre - Bangalore
Angels Community Trust - Bangalore
Archdiocesan Communications Centre - Bangalore
Arkessence International United Society - Bangalore
Aryajana Seva Trust - Bangalore
Asaktha Poshaka Sabha - Bangalore
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Asha Foundation - Bangalore
Ashika - Mangalore
Ashoka Trust For Research In Ecology And Environment - Bangalore
Ashraya Multipurpose Co Operative Society - Bangalore
Asian Institute For Rural Development - Bangalore
Association For Care Rehabilitation And Education Of The Mentally Disabled And Disturbed -
Bangalore
Association For Community Health Awareness And Action - Dharwad
Association For Community Health Awareness And Action - Hubli
Association For Integrated Medical Services Of India - Karnataka
Association For Rehabilitation Of The Disabled - Koppal
Association For Social Health In India - Bangalore
Association For Social Health In India - Dharward
Association Of Women Entrepreneurs Of Karnataka - Bangalore
Atadeep Environment And Health - Dharwad
Athma Shakti Vidyalaya Society - Bangalore
Atma Darshan Yogashram - Bangalore
Awwa - Hubli
Azim Premji Foundation - Bangalore
Bangalore Christian Association - Bangalore
Bangalore Hospice Trust - Bangalore
Bangalore Oniyavara Seva Coota - Bangalore
Bangalore Surgical Trust - Bangalore
Basic Needs India - Bangalore
Bharathi Welfare Society - Chintamani
Bharatiya Grameen Mahila Sangh - Bangalore
Bharatiya Grameenabhivrudi Sanstha - Belgaum
Bharatiya Samaja Seva Trust - Chamarajapet
Bharthiya Seva Sena - Bangalore
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Bhoomi Sustainable Development Society - Bangalore
Birds Krishi Vigyan Kendra Icar - Belgaum
C S I Holdsworth Memorial Hospital - Mysore
Canara Bank Relief And Welfare Society - Bangalore
Care And Concern India - Bellary
Cathedral Family Helper Project Trust - Bangalore
Ccdc Haci - Bangalore
Ccf India - Bangalore
Centre For Action Research Technology For Man Animal And Nature - Karnataka
Centre For Appropriate Rural Technologies - Mysore
Centre For Education And Documentation - Bangalore
Centre For Environment Education - Bangalore
Centre For Interdisciplinary Studies In Environment And Development - Bangalore
Centre For Social Action - Bangalore
Centre For Social Research And Guidance - Bangalore
Chaitanya Institute For Youth And Rural Development - Dharwad
Chaithanya Rural Development Society - Shimoga
Chidambareshwar Assiociation For Rural Development - Belgaum
Child Fund Association - Bangalore
Child Relief And You - Bangalore
Chilume Social Service Society - Bangalore
Citizens Action Forum - Bangalore
Citizens For Democracy - Bangalore
Citizens Voluntary Initiative For The City - Bangalore
Cividep India - Bangalore
Communication For Development And Learning - Bangalore
Community Health Cell - Bangalore
Compassionate Humans - Bangalore
Comprehensive Rural Upliftment And Educational Society - Bangarapet
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Comprehensive Rural Upliftment And Educational Society - Kolar
Concern India Foundation - Bangalore
Crues Development Consultancy Services - Kolar
Crues - Kolar
Daksha Charitable Trust - Bangalore
Dakshina Kannada Social And Economic Development Trust - Dakshan Kannad
Dari Society - Bidar
Darpan Voluntaery Organization - Bidar
Deaf Aid Society - Bangalore
Development Education Society - Bangalore
Development Initiative For Social Causes - Gulbarga
Dewan Bahadur Dr Tcm Royan Memorial Trust - Bangalore
Divya Shanthi Educational And Charitable Trust - Kolar
Eammanul Full Gospal Minestries - Chamarajanagara
Eco Friendly Organic Farmers Association - Bidar
Emerg - Bangalore
Enable India - Bangalore
Environment Support Group - Bangalore
Family Welfare Centre - Bangalore
Federation Of Voluntary Organisations For Rural Development In Karnataka - Bangalore
Fortunates Universe - Bangalore
Forum Of Ignited Minds - Bangalore
Foundation For Development Action - Bangalore
Foundation For Homeopathic Alternatives And Research - Bangalore
Foundation For Revitalisation Of Local Health Traditions - Bangalore
Fourth Wave Foundation - Bangalore
Freedom Foundation - Bangalore
Friendz - Bangalore
Functional Vocational Training And Research Society - Bangalore
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Functional Vocational Training Forum - Bangalore
Fvtrs - Bangalore
Gandhi Peace Centre Karnataka Branch - Bangalore
Gandhigiri Group - Bangalore
Garce India Minisrty - Haveri
Genetic Resource Energy Ecology And Nutrition Foundation - Bangalore
Gerizim Rehabilitation Trust - Bangalore
Gnyanodaya Educational Charitable Trust - Tumkur
Gram Parivartan Kendra - Belgaum
Green Earth Foundation - Bangalore
Green Indus Tree - Bangalore
Greenpeace - Bangalore
Greenvision - Northcanara
Group For Institution Development - Bangalore
Guard - Mysore
Gyanprabha Samithi - Bellary
H D Kumaraswamy Ashrayalaya Trust - Chickaballapur
H S M Education Society - Haveri
Hcc - Gulbarga
Hejje Rural Development And Education Society - Bangalore
Helpage India Bangalore - Bangalore
Helping Hand - Bangalore
Hencla Welfare Foundation - Hubli
Hengasara Hakkina Sangha - Bangalore
Henry Foundation - Bangalore
Hindu Seva Pratishthana - Bangalore
Home Of Love - Bangalore
Hope Anti Addiction Action Group - Bangalore
Hora Foundation Trust - Sirsi
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Hyderabad Karnataka Disabled Welfare Society Gulbarga - Gulbarga
Hydrabad Karnataka Disabled Welfare Society - Gulbarga
Icbio - Bangalore
Idl Foundation - Bangalore
Idpms - Bangalore
Indian Social Institute - Bangalore
Indian Society Of Health Administrators - Bangalore
Indo Swedish Childrens Welfare Trust - Bangalore
Inetrnational Union For Health Promotion And Education - Bangalore
Initiatives For Development Foundation - Bengaluru
Insa - Bangalore
Institute For Sustainable Development - Bangalore
Institute For Youth And Development - Bangalore
Integrated Project For Youth Culture And Environment Development Trust - Mandya
Interface - Bangalore
International Energy Initiative - Bangalore
International Social Affairs Council - Davanagere
Jagajyothi Mahila Seva Samaj - Bangalore
Jagruthi Family Counseling And Legal Education Center - Mysore
Jan Shikshan Sansthan - Chikballapur
Janaagraha Centre For Citizenship And Democracy - Bangalore
Janakshema Trust - Bangalore
Janodaya Public Trust - Bangalore
Jayanthi Gram Women And Children Welfare Association - Bijapur
Jeeevanmukhi Foundation - Dharwad
Jeevashraya Charitable Trust - Mysore
Jeewan Sanstha - Bangalore
Jicecards - Bellary
Jyothi Mahila Sangha - Bangalore
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Kaagaz Foundation - Bangalore
Kalavidhara Ashrayada Vishwakaladhama - Bangalore
Kalpavruksha Rural Development Society - Tumkur
Karmyogi - Bangalore
Karnataka State Council For Child Welfare - Bangalore
Karnataka State Devadasi Vemochana And Women Welfare Society - Haveri
Karnataka Womens Information And Resource Centre - Bangalore
Karuna Animal Welfare Association Of Karnataka - Bangalore
Karunadu Education And Social Service Orgnisation - Dharwad
Kasturiba Sadan - Bangalore
Kempegowda Institute Of Medical Sciences - Bangalore
Kengal Hanumanthaiya Foundation - Bangalore
Keshava Seva Samithi - Bangalore
Kidney Patients Welfare Association - Bangalore
Kodagu District Council For Child Welfare - Kodagu
Laggere Sri Raghavendra Gurujyothi Sevashrama - Bangalore
Leonard Cheshire International - Bangalore
Life Science Foundation India - Bellary
Maasarada Social Welfare And Education Society - Sindhanur
Mahabharata Pratisthanam - Bangalore
Mahez Education Society - Dharwad
Mahiti - Bangalore
Malathesha Education Society - Bangalore
Malenadu Rural Development Seva Trust - Shimoga
Mallige Smile Foundation - Bangalore
Manonandana Centre For Mentally Handicapped Children - Bangalore
Margadarshi - Bijapur
Maria Seva Sangha - Bangalore
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Matrix Association For Social Service - Chikmaglore
Mcas - Bangalore
Media International - Bangalore
Medico Pastoral Association - Bangalore
Medico Social Centre - Bangalore
Minn Mini Foundations - Bangalore
Mitra Jyothi - Bangalore
Mobility India - Bangalore
Mother - Sira
Mother Theresa Rural Development Trust - Hospet
Mother - Tumkur
Mukta Grameen Abhivruddhi Sanstha - Davangere
Myrada - Bangalore
National Alliance Of Women - Bangalore
National Federation Of Dalit Women - Bangalore
Nava Karnataka - Gadag
Nava Karnataka Social Service Trust - Bangalore
Navajeevan Nilaya - Bangalore
Needs - Belgaum
Needs - Harugeri
Nehemiah Education Society - Bidar
Nemmadi Trust - Bangalore
New Entity For Social Action - Bangalore
New Life For Children - Bangalore
Ngo Post - Bangalore
Niranthara Seva Samsthe - Mysore
Nirmaan Organization - Bangalore
Nirvana Charitable Trust - Bangalore
Nithya Jeeva Area Development Programme World Vision - Bangalore
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Nithya Jyothi - Bangalore
Niveyditha Grama Abivirudhi Sanga - Chikabalapur
Northern Karanataka Rural Devlopment Society - Chikodi
Nsfhedu National Trust - Bangalore
Omashram Trust Old Age Care - Bangalore
Pain And Palliative Care - Hubli
Parichay - Bangalore
Parikrma Humanity Foundation - Bangalore
Parinati - Bangalore
Paripoorna Grameena Abhivruddi Mahila Seva Samsthe - Dharwadn
Paul Ministries - Kolar
Peoples Movement For Self Reliance - Chamrajnagara
Peoples Organisation Working For Education And Reconstruction Of Society - Bangalore
Places - Bangalore
Prabala Foundation - Bangalore
Prabala Foundation Trust - Bangalore
Pragnya Trust - Bangalore
Prakruthi - Bangalore
Prasanna Counselling Centre - Bangalore
Prathi Srushti - Belgaum
Prawarda - Bidar
Preeti Computer Education Society - Karwar
Prem Sagar Seva Sadan - Bangalore
Prerana Womens Welfare Society - Belgaum
Prerana Womens Welfare Society - Belgaum
Psi - Bangalore
Rabita Welfare Group Trust - Bangalore
Rakum School For The Blind - Bangalore
Rao Education Society - Bangalore
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Rashtrotthan Sankalp - Bangalore
Rastriya Grminabhivraddi Seva Samsthe - Belgaum
Raza Educatoional And Social Welfare Society - Bangalore
Rebecca Rural Development Service And Upliftment Society - Bidar
Rores Project - Srinivasapur
Rose - Kolar
Rotary Urban Family Welfare Centre - Bellary
Rural Development And Training Society - Chikkaballapur
Rural Development Education Society - Koppal
Rural Development Society - Murgod
Rural Education And Community Development Charitable Trust - Kolar
Rural Education And Community Health - Kolar
Rural Institute For Social Empowerment - Mysore
Rural Institute For Social Empowerment - Mysore
Rural Literacy And Health Programme - Mysore
Rural Welfare Trust - Belgaum
Sabha - Bangalore
Sadhana - Sindhanur
Sahaja - Bangalore
Sahayoga - Bangalore
Saint Pauls Womens Education Society - Gangavathi
Samaja Sevakara Samithi - Bangalore
Samanvaya - Shimoga
Samarpan Village - Belgaum
Samarthanam Trust For The Disabled - Bangalore
Sambhav Foundation - Bangalore
Samrakshana Rehabilitation And Charitable Trust - Bangalore
Samrudhi Micro Fin Society - Gulbarga
Samuha - Bangalore
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Samvada - Bangalore
Samveda Training And Research Centre - Davangere
Sara Rehabilitation Trust - Bangalore
Sarakki Lakshmi Mahila Kala Samaj - Bangalore
Saransh Able Villagers - Bangalore
Saransh - Bangalore
Sarvadesa Kalvi Kazhagam - Bangalore
Sarvodaya Gramina Vikas Samiti - Chickaballapura
Sarvodaya Mahila And Gramina Abhivruddi Samsthe - Bagalakot
Sathi - Bangalore
Scodwes - Sirsi
Search - Bangalore
Seeda Socio Economic Education Development Action - Dharwad
Sefrud - Mysore
Shalomlife Ministries Trust - Bangalore
Shamala Vidya Vardak Sangh - Bangalore
Shantha Jeeva Jyothi - Bangalore
Shiradi Sai Seva Trust - Bangalore
Shivasmruti Janaseve Shikshana Mattu Mahila Gramin Abhivruddhi Samste - Dharwad
Shree G Madesh Seva Charitable Trust - Bangalore
Shree Lakshmi Institute For Women And Rural Development - Dharwad
Shri Kshethra Dharmasthala Rural Development Project - Canara
Sichrem - Bangalore
Singamma Sreenivasan Foundation - Bangalore
Sneha Jyothi Foundation - Bangalore
Sneha Jyothi Mahila Mandali - Bangalore
Sneha - Mysore
Socare Ind - Bangalore
Society For Education Research And Development - Bangalore
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Society For Neglected Children - Bangalore
Society For Peoples Action For Development - Bangalore
Society For The Batterment Of Human Resources - Bangalore
Society For The Welfare And Awareness Of The Poor And Leprosy Affected People - Bangalore
Socio Economic Education Development Action - Dharwad
South India Cell For Human Rights Education And Monitoring - Bangalore
Sowbhagya Educational And Rural Development Society - Tumkur
Spana Dhana Urban And Rural Development Society - Chikkamagalore
Spandana Trust - Shimoga
Spandhana - Ramanagaram
Spandhana Sangathan - Chennapatana
Spare Us - Bangalore
Sreekar Womens Multipurpose Co Operative Society - Bangalore
Sri Raghavendra Go Ashram Trust R - Bangalore
Sri Rajalakshmi Mahila Mandali - Kolar Taluk
Sri Sangmesh Education Society - Belgaum
Sruti - Bangalore
St Johns Medical College Hospital - Bangalore
Sumana Halli Society - Bangalore
Sumangali Seva Ashram - Bangalore
Sumangali Seva Ashrama - Bangalore
Sushrutha Arogya Prathistana - Davangere
Sutradhar - Bangalore
Suvarna Karnataka Integrated Rural Development Society - Tumkur
Svedats - Chickaballapur
Swarna Association - Kodagu
Swatantra Senani Venkatappa Shetty Memorial Charitabale Trust - Kolar
Tasker Town - Bangalore
The Association Of People With Disability - Bangalore
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The Eighteenth Horse Foundation - Bangalore
The Even Tide Home Association - Bangalore
The Helping Hands Charitable Trust - Bangalore
The Lewis Foundation Of Classical Ballet - Bangalore
The National Association For The Blind - Bangalore
The Pandp Group - Bangalore
The Richmond Fellowship Society - Bangalore
The Rural Development Society - Belgaum
The Spastics Society Of Karnataka - Bangalore
The Torch Trust - Mangalore
The Wilderness Club - Bangalore
The Womens And Children Welfare Society - Banglore
The Womens Welfare Society - Belgaum
Thiruvalluvar Sangam - Bangalore
Trinity Christian Association - Hubli
Tropical Research And Development Centre - Bangalore
Trust For Rural Upliftment Strategies - Bangalore
Turning Point Centre For Child Development And Guidance - Bangalore
Universal Concerned For Educational And Charitable Trust - Gulbarga
Utsahi Mahila Abhyudaya - Bangalore
Vanitha Vidya Samsthe - Bangalore
Vicaas - Mysore
Vidya Bharath Charitable Trust - Karnataka
Vidya Vikasa Trust - Bangalore
Vidyanikethan Society For Education And Social Development - Bangalore
Vidyaranya Education And Development Society - Bangalore
Vidyaranya Education And Development Society - Krishnaraja Puram
Vijayanagar Welfare Association - Hospet
Vikasana - Chikmagalore
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Vikasana Institute For Rural And Urban Development - Mandya
Vikasana Organisation For Education And Social Development - Chikamagalore
Vimukti Trust - Bangalore
Vision Social Service And Education Charatible Trust - Raichur
Vismaya Rural And Urban Development Trust - Kanakapura
Voluntary Health Association Of Karnataka - Bangalore
Volunteering International Students In Organising Never Ending Service - Bangalore
Women Health And Development - Karnataka
Working People Education Society - Bangalore
World Vision India - Bangalore
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ORPHANS
An orphan (from the Greek ὀρφανός) is a child permanently bereaved of his or her parents. In common usage, only a child (or the young of an animal) who has lost both parents is called an orphan. However, adults can also be referred to as orphans, or "adult orphans".
In certain animal species where the father typically abandons the mother and young at or prior to birth, the young will be called orphans when the mother dies regardless of the condition of the father.
Definitions:
Various groups use different definitions to identify orphans. One legal definition used in the United States is a minor bereft through "death or disappearance of, abandonment or desertion by, or separation or loss from, both parents".
In the common use, an orphan does not have any surviving parent to care for him or her. However, the United Nations Children's Fund (UNICEF), Joint United Nations Programme on HIV and AIDS (UNAIDS), and other groups label any child that has lost one parent as an orphan. In this approach, a maternal orphan is a child whose mother has died, a paternal orphan is a child whose father has died, and a double orphan has lost both parents. This contrasts with the older use of half-orphan to describe children that had lost only one parent.
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Populations
Orphans are relatively rare in developed countries, as most children can expect both of their parents to survive their childhood. Much higher numbers of orphans exist in war-torn nations such as Afghanistan. After years of war, there are an estimated 1.5 million orphans in Afghanistan.
ContinentNumber oforphans (1000's)
Orphans as percentageof all children
Africa 34,294 11.9%Asia 65,504 6.5%Latin America & Caribbean 8,166 7.4%Total 107,964 7.6%
2001 figures from 2002 UNICEF/UNAIDS report.
China : A survey conducted by the Ministry of Civil Affairs in 2005 showed that China has about 573,000 orphans below 18 years old.
Russia : An estimated 650,000 children are in Russian orphanages. Of those who leave the system, 40% become homeless, 20% become criminals and 10% commit suicide.[9]
Notable orphans
Famous orphans include world leaders such as Nelson Mandela and Andrew Jackson; the Muslim prophet Muhammed; writers such as The Brontë sisters, Edgar Allan Poe, and Leo Tolstoy. The American orphan Henry Darger portrayed the horrible conditions of his ophanage in his art work. Entertainment greats such as Louis Armstrong, Johann Sebastian Bach, Madonna, Marilyn Monroe, and Babe Ruth; and innumerable fictional characters in literature and comics.
Orphans in literature
Mime offers food to the young Siegfried, an orphan he is raising; Illustration by Arthur Rackham to Richard Wagner's Siegfried
Orphaned characters are extremely common as literary protagonists, especially in children's and fantasy literature. The lack of parents leaves the characters to pursue more interesting and
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adventurous lives, by freeing them from familial obligations and controls, and depriving them of more prosaic lives. It creates characters that are self-contained and introspective and who strive for affection. Orphans can metaphorically search for self-understanding through attempting to know their roots. Parents can also be allies and sources of aid for children, and removing the parents makes the character's difficulties more severe. Parents, furthermore, can be irrelevant to the theme a writer is trying to develop, and orphaning the character frees the writer from the necessity to depict such an irrelevant relationship; if one parent-child relationship is important, removing the other parent prevents complicating the necessary relationship. All these characteristics make orphans attractive characters for authors.
Orphans are common in fairy tales, such as most variants of Cinderella.
A number of well-known authors have written books featuring orphans. Examples from classic literature include Charlotte Brontë, Charles Dickens, Mark Twain's Tom Sawyer, and L.M. Montgomery's Anne of Green Gables books. Among more recent authors, A.J. Cronin, Lemony Snicket, Roald Dahl, J.K. Rowling's Harry Potter series, as well as some less well-known authors of famous orphans like Little Orphan Annie have used orphans as major characters. One recurring storyline has been the relationship that the orphan can have with an adult from outside his or her immediate family.
Orphans in Holy Scriptures
Many books of the Bible as well as the Quran contain the idea that helping and defending orphans is a very important and God-pleasing matter. Several citations:
"Do not take advantage of a widow or an orphan." (Hebrew Bible, Exodus 22:22) "Leave your orphans; I will protect their lives. Your widows too can trust in me."
(Hebrew Bible, Jeremiah 49:11) "Religion that God our Father accepts as pure and faultless is this: to look after orphans
and widows in their distress and to keep oneself from being polluted by the world." (The New Testament, James 1:27)
And they feed, for the love of Allah, the indigent, the orphan, and the captive, - (The Quran, The Human: 8)
Therefore, treat not the orphan with harshness, (The Quran, The Morning Hours: 9)
Status of Orphans/ Street Children in India India is the worlds largest democracy with a population of over a billion-400
million of which are children India is known for its multi-ethnic, multi-lingual and multi-religious background.
It has 15 official languages and 36 states and union territories. There are approximately 673 million Hindus, 95 million Muslims,19 million
Christians, 16 million Sikhs, 6 million Buddhists and 3 million Jainsin India. Approximately 26% of the Indian population lives below the poverty line and 72
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% live in rural areas. Even thought the percentage of the Indian population infected with HIV/AIDS is
0.9%, (5) it has the second largest number of people infected with HIV/AIDS in the world, the first being South Africa.
Despite the many recorded gains in the recent past, issues such as gender inequity, poverty, illiteracy and the lack of basic infrastructure play an important role in hindering HIV/ AIDS prevention and treatment programs in India. The impact of the AIDS crisis has not begun to fully emerge in India and AIDS related orphaning has not been documented.
Yet, it is estimated that India has the largest number of AIDS orphans of any country and this number is expected to double in the next five years.
Out of the 55,764 identified AIDS cases in India 2,112 are children. It is estimated that 14% of the 4.2 million HIV/AIDS cases are children below the
age of 14 A study conducted by the ILO found that children of infected parents are heavily
discriminated-35% were denied basic amenities and 17% were forced to take up petty jobs to augment their income.
Child labor in India is a complex problem and is rooted in poverty. Census 1991 data suggests that there are 11.28 million working children in India. Over 85% of this child labor is in the country’s rural areas and this number has
risen in the past decade. Conservative estimates state that around 300, 000 children in India are engaged in
commercial sex. Child prostitution is socially acceptable in some sections of Indian society through the practice of Devadasi. Young girls from socially disadvantaged communities are given to the 'gods' and they become a religious prostitute. Devadasi is banned by the Prohibition of Dedication Act of 1982. This system is prevalent in Andhra Pradesh, Karnataka,Tamil Nadu,Kerala, Maharashtra,Orissa, Uttar Pradesh and Assam.
More than 50 % of the devadasis become prostitutes: of which nearly 40 per cent join the sex trade in urban brothels and the rest are involved in prostitution in their respective villages. According to the National Commission on Women an estimated 250,000 women have been dedicated as Devadasis in Maharashtra-Karnataka border. A study conducted in 1993 reported that 9% of the devadasis are HIV positive in Belgaum district in Karnataka .
Street children are those for whom the street more than their family has become their real home, a situation in which there is no protection, supervision, or direction from responsible adults. Human Rights Watch estimates that approximately 18 million children live or work on the streets of India. Majority of these children are involved in crime, prostitution, gang related violence and drug trafficking.
ORPHANAGE
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Orphanage is the name to describe a residential institution devoted to the care of orphans – children whose parents are deceased or otherwise unable to care for them. Parents, and sometimes grandparents, are legally responsible for supporting children, but in the absence of these or other relatives willing to care for the children, they become a ward of the state, and orphanages are a way of providing for their care and housing. Children are educated within or outside of the orphanage.
Orphanages provide an alternative to foster care or adoption by giving orphans a community-based setting in which they live and learn.In the worst cases, orphanages can be dangerous and unregulated places where children are subject to abuse and neglect.
Today, the term orphanage has negative connotations. Other alternative names are group home, children's home, rehabilitation center and youth treatment center.
History
The first orphanages, called "orphanotrophia," were founded in the 1st century amid various alternative means of orphan support. Jewish law, for instance, prescribed care for the widow and the orphan, and Athenian law supported all orphans of those killed in military service until the age of eighteen, and Plato (Laws, 927) says: "Orphans should be placed under the care of public guardians. Men should have a fear of the loneliness of orphans and of the souls of their departed parents. A man should love the unfortunate orphan of whom he is guardian as if he were his own child. He should be as careful and as diligent in the management of the orphan's property as of his own or even more careful still.". The care of orphans was particularly commended to bishops and, during the Middle Ages, to monasteries. Many orphanages practiced some form of "binding-out" in which children, as soon as they were old enough, were given as apprentices to households. This would ensure their support and their learning an occupation.
Such practices are assumed to be quite rare in the modern Western world, thanks to improved social security and changed social attitudes, but remain in force in many other countries.
Since the 1950s, after a series of scandals involving the coercion of birth parents and abuse of orphans (notably at Georgia Tann's Tennessee Children's Home Society), the United States and other countries have moved to de-institutionalize the care of vulnerable children—that is, close down orphanages in favor of foster care and accelerated adoption. Moreover, as it is no longer common for birth parents in Western countries to give up their children, and as far fewer people die of diseases or violence while their children are still young, the need to operate large orphanages has decreased.
Parents or the extended family that are unable to have the child will have them removed. Major charities are increasingly focusing their efforts on the re-integration of orphans in order to keep them with their parents or extended family and communities. Orphanages are no longer common
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in the European community, and Romania in particular has struggled to reduce the visibility of its children's institutions to meet conditions of its entry into the European Union. In the United States, the largest remaining orphanage is the Bethesda Orphanage, founded in 1740 by George Whitefield.
In many works of fiction (notably Oliver Twist and Annie), the administrators of orphanages are depicted as cruel monsters.
HUG HUMAN
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MAILING ADDRESS:No. 5th fourth cross end Gundppa road, Manjunath layout Nagashetty Halli Bangalore 560094 [email protected] 09916784804Land line 08032551915
FOUNDER AND PRESIDENT
Mr. Nasir hussain
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ABOUT HUG HUMAN
Hug Human – is thinking, an effort to bring change, in them for some good work, for the well-being of others. Today we see the deficiencies in others but we forget about us. We should throw out all such kind of things from the root. We should embrace all without discriminating based on religions, casts, and ethnicity. We are good human being and a nationalist first, then something else. We shall have to fight to make our nation great The first fight is for education, because wherever education is, development follows.India is an agricultural country so we should provide all harvesting facilities to our farmers so that they can lead us to the top in the agricultural society.We have to eradicate all the diseases like swine flue, Aids, Polio and cancer from our society. We have to stop the harassment on women and children and fight for their rights.Increasing population, pollution, crime and child labors are making our society hollow. We will have to stop these all. We will have to stop the felling of trees and create awareness about the environment so that we can keep our surrounding clean and tidy which will considerably keep out future generation healthy and happy. Because no country is great the people of that country make it great.
The aims and objects for which the trust is established are as under. to establish and maintain adult education center with a motive to provide free education to the illiterate adults. To promote education among poor and deserving students by way of grant of scholarship and by providing books and uniform to the students.
To encourage and promote vocational courses among the poor.
To extend financial assistance to poor and destitute women.
To assist women from economically weak background to take up self-employment venture.
To work towards abolition of child labor especially involving girls child.
To provide financial assistance for physically and mentally challenged children and women.
To provide education/help to the physically and mentally challenged children and women.
The trust has been created for charitable purposes within the meaning of the income tax Act, 1961, and the objective of the trust are to afford relief and to render services to the poor, to promote educational and social services for the benefit of the public without any commercial or profit motive and without restriction of any religious, caste, creed and community.
For the promotion of spiritual, physical mental, educational development and uplift of adults and
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children of all ages without any distinction of caste, creed or religion and in the interest of making in general. To aid or establish, take over or collaborate with any institution or school, college, association, center for spiritual health, disabled, aged orphan, child labour and poor women for their educational and total rehabilitation, to establish any institution or society for the welfare of victims of natural calamities and or to provide food and shelter to any needy person or persons from time to time.
To organize and arrange Mass marriage (NIKHA) for poor and needy persons of the society.
To organize mass Circumcision camps to the poor children of the society.
Hug Human engages with numerous people, organizations, public and private enterprises across India and around the world. We connect people and organizations, develop programs, and deliver solutions all utilizing technology.
Poverty:
Poverty is the prime cause of the street Human crisis. People from well-off families do not need to work, or beg. They live in houses, eat well, go to school, and are likely to be healthy and emotionally secure.
Poverty dumps a crowd of problems onto a family. Not only do these problems cause suffering, but they also conspire to keep the child poor throughout his/her life. In order to survive, a poor in India will probably be forced to sacrifice education and training; without skills the child will, as an adult, remain at the bottom of the economic heap.>
The root causes of poverty are beyond a single NGO’s power to change, but Hug Human believes in helping where it can. Street schools provide some education, as does mainstreaming of children into government schools and offering scholarships to private schools. Vocational training centres are a pragmatic, but powerful, tool to assist children in escaping the poverty trap. Children at these centres learn skills such as jewellery-making and tailoring which can prove more valuable to them than additional formal schooling. The money children earn at the centres alleviates some of their poverty, and encourages the child and his/her parents to choose vocational training over child labour. Hug Human has also been active in promoting Child Rights.
Homelessness:
Street population in India may be homeless because their family is homeless through poverty or migration, or because they have been abandoned, orphaned or have run away. It is not unusual to see whole families living on the sidewalks of Jaipur, or rows of individual person sleeping
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around the railway station. Homeless population have the odds stacked against them. They are exposed to the elements, have an uncertain supply of food, are likely miss out on education and medical treatment, and are at high risk of suffering addiction, abuse and illness. A single person alone on the streets is especially vulnerable.
Hug Human prioritizes homeless street people. For them we provide: repatriation to their families, temporary and permanent shelter, street schools, vocational training, nutrition, medical treatment, shower facilities, AIDS awareness and a help line.
Hug Human works as a catalyst to change the lives of underprivileged children and youth and give them a better future. Through more than 100 educations, healthcare, livelihood and girl child oriented programmes spread throughout India, the Foundation facilitates individuals, corporate and institutions to invest in social initiatives aimed at the welfare of poor and needy children.
Child Abuse:
Many of the street children who have run away from home have done so because they were beaten or sexually abused. Tragically, their homelessness can lead to further abuse through exploitative child labour and prostitution.
refuse to speak for months. To aggravate matters, children often feel guilty and blame themselves for their mistreatment. Such damage can take years to recover from in even the most loving of environments; on the streets it may never heal.
A large proportion of the boys and girls in Hug Human ’s homes have suffered abuse. In addition to fulfilling their material needs, we seek to provide a warm and caring atmosphere. Our vocational centres, too, are safe, fun places where children gain confidence and self-esteem. We run a help line for children in need, and, unusual amongst Indian NGOs, we employ male and female full-time counsellors to support our children’s emotional development.
Child Labour:
Most Indian street children work. In Jaipur, a common job is rag-picking, in which boys and girls as young as 6 years old sift through garbage in order to collect recyclable material. The children usually rise before dawn and carry their heavy load in a large bag over their shoulder. Rag-
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pickers can be seen alongside pigs and dogs searching through trash heaps on their hands and knees.
Other common jobs are the collecting of firewood, tending to animals, street vending, dyeing, begging, prostitution and domestic labour.
Children that work are not only subject to the strains and hazards of their labour, but are also denied the education or training that could enable them to escape the poverty trap.
Hug Human provides non-formal street schools to ensure that working children get at least a basic education. We nurture community support for our schools and seek to mainstream suitable children into the government education system. We also provide popular and practical vocational training where older children can learn skills while also earning some money.
Health:
Poor health is a chronic problem for street children. Half of all children in India are malnourished, but for street children the proportion is much higher. These children are not only underweight, but their growth has often been stunted; for example, it is very common to mistake a 12 year old for an 8 year old.
Street children live and work amidst trash, animals and open sewers. Not only are they exposed and susceptible to disease, they are also unlikely to be vaccinated or receive medical treatment. Only two in three Indian children have been vaccinated against TB, Diphtheria, Tetanus, Polio and Measles; only one in ten against Hepatitis B. Most street children have not been vaccinated at all. They usually can not afford, and do not trust, doctors or medicines. If they receive any treatment at all it will often be harmful, as with kids whose parents place scalding metal on their bellies as a remedy for persistent stomach pain.
Child labourers suffer from exhaustion, injury, exposure to dangerous chemicals, plus muscle and bone afflictions.
There is much ignorance about reproductive health and many girls suffer needlessly. A girl made infertile by an easily-preventable condition may become unmarryable and so doomed to a life of even greater insecurity and material hardship.
The HIV/AIDS rate amongst Indian adults is 0.7% and so has not yet reached the epidemic rates experienced in Southern Africa. However, this still represents 5 million people, or about 1 in 7 in of those in the world who have the disease. The rate amongst children is lower, but because street children are far more sexually active than their Indian peers and because many are even prostitutes they are thus hugely at risk of contracting the disease. AIDS awareness, testing and treatment exist, but less so for street children than other demographic groups.
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Hug Human provides nutrition, medical treatment, plus hygiene and reproductive health education to 1250 children in our street schools and homes. We run an AIDS awareness program targeting an additional 500 at-risk children. We also operate a Shower Bus that regularly visits street points and offers on-the-spot showers and cleansing products. We employ several full-time nurses and have relationships with hospitals that are willing to treat our children for free. Hug Human also provides education on tracking malnutrition to local staff in 233 village health centres, benefiting 33,000 rural children.
BLOOD DONATION CAMP:
Hug human And M.S. Ramaiah Memorial Hospital, we both hosted blood donation camp on dated: 21/03/10 at Ramaiah Memorial hospital. There were more than 70 participant took part in this camp along with Mr. Chandra Shekhar (ex director of CWC Govt Of India) and Mr. Lakshmi Narayan social welfare office (dept of MSRITH).We are very thankful of M.S. Ramaiah Memorial hospital that they have given opportunity to work with them also opportunity to save to poor and needy patient lives through Blood Donation camp.
HEALTH CARE
To organize medical camp, blood donation camps and programs for educating public about prevents and control of various disease. To grant medical relief and help to the poor and deserving patients by providing money to them for medicines, medical treatment, operation or post operation treatment, blood transfusion etc.,
To spread necessary medical information among public by conducting workshops, conference and printing pamphlets for general improvement of health conditions.
Heart surgery and major surgery for poor and needy people who can’t afford the charges of
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surgery.
SPORTS
To promote physical education, sports and games in youth and establish sports coaching centers, play grounds gymnasiums, swimming pools, and health clubs, for their benefits.
Education to poor children
Hug Human works as a catalyst to change the lives of underprivileged children and youth and give them a better future. Through more than 100 educations, healthcare, livelihood and girl child oriented programmes spread throughout India, the Foundation facilitates individuals, corporate and institutions to invest in social initiatives aimed at the welfare of poor and needy children.
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GREATER HOPE INTERNATIONAL INDIA
Location - No.319, Nr MurguanTemple, DoddannaNgr,Kaval Byrasandra, R T Nagar, Bangalore - 560032
Call - +(91)-(80)-66492789
FOUNDER :PASTOR PAUL VENKATESH
HISTORY When he was in college doing his BTH, he developed the desire to start an organisation that would be completely dedicated to help the children who do not have families because they were abandoned or the fate took them apart from their families. What triggered this thinking was a devastating flood took live of 118 children and adults, many familes were effected by the disaster . hunders of houses washed away which left thousands of residents of kolar without a shelter on their heads. Hundreds of children were left with no hope to meet their families, many were even abandoned by their relatives as they didn’t even have enough to feed their own kids. This scene of helplessness and desperation stormed a vision to do something to help such children and provide them with at least the basic amenities. That time his grandmother brought two children to her home and took the responsibility of taking care of them. She considered them like her own children and that did inspire PASTOR PAUL VENKETESH to start GREATER HOPE INTERNATIONAL INDIA.
HOW HE ESTABLISHED THIS ORGANISATION- He accepted Christianity at the later stage after getting inspired by the Holy Scripture and
its teachings.- He is a PASTOR at the church in the same locality, through constant help from the
church and its members the organisation is able to take care of its children.- This organisation has so far existed for last 14 years and Mr. Venketesh with his
dedicated efforts and help from the members of the church has been doing “what he believes is his duty towards humanity”.
- Earlier he worked in some company to fund his own education and to provide for the children in the orphanage.
- In order to save the travelling expenses he would walk all the way to his college that was 7 kms far. Looking at him his principal sponsored a bicycle.
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FINANCIALS
- In the beginning he used to collect some fund from his family members friends and relatives.
- Later he got a job which ensured a regular flow of funds for both his education and to support the orphanage.
- Now he is the PASTOR of the church members of the church subscribe a regular amount towards the orphanage which mainly goes into the daily expenditure.
- Rs 500 – Rs 1000 subscription from a local bakery.
- Per day expenditure is Rs 1000 approx. Building rent is Rs 5000, building is located in remote part of Bangalore.
- Last month an anonymous cheque send through speed post of Rs 48000/- was received.
SOME FACTS:
Child labour survey revealed these fascinating facts about the “silicon valley”:- 700 major slums in Bangalore & a lot of the children are being used for the prostitution.
- Both he and his wife left their respective jobs and have completely dedicated their live in the service of the mankind.
- They provide the children in the orphanage with food ,shelter and education and are adamant to help these children to settle down in there lives and lead an independent and successful live .
- A culture of discipline and obedience is followed and the children are brought up with an understanding of their social responsibility and love for humanity.
- The organisation desperately needs people to come forward and offer help,as there is no regular source of funds.
- They don’t have brochure or even a website. The PASTOR believes that he wouldn’t need these things as he doest seek publicity. But the fact remains the same “unless people don’t know about them how would they be able to help.
- On the advice of his peers he has registered with justdial , which resulted in some people coming up with monitary help, which is definitely a good sign.
ETHICS AND MORALS:
- Not interested in making money.
- No religious differentiation.
- Mr. Venketesh only provides the children with new clothes. He says “ ill never let my daughter wear someone else’s throw away so , how would i ever let any one of these kids
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wear it”. He further says “wen asked how many kids i have, my answer is 26”. That includes his only daughter.
- Individual bed is provided to each kid & all the beds are sponsored by his friend.
- No bias.
- Caste and creed are the concepts unknown to the kids.
- Humanity is valued above all, therefore the emphasis is on turning these kids into responsible human beings.
STAFF MEMBERS: -2 volunteers -2 full time staff -Cleaning and washing is taken care of by the staff. Older kids are encouraged and not forced to learn cooking and other household work .
TOTAL NUMBER OF CHILDRENS IN THE ORPHANAGE :Right now this orphanage is home to 24 boys and girls. But the Pastor has a vision of increasing the capacity in the future.
AIM/ OBJECTIVE:- Provide the children with the best possible education if required tutors will be appointed
to equip these kids with what they need to survive in the competition in the world outside the walls of the orphanage, which for now is the home.
- They are encouraging their children to participate in sports activities as the PASTOR is a strong believer of holistic upbringing.
- voluntarily help and contribution to help the organisation to actualize its goals should come from the society .
- Bright and independent future of the children.
- The organisation is willing to spend money for their higher studies.
- After education PASTOR wishes see his kids start a social life.
SHORT TERM PLAN: -To get all the kids admitted in a nearby school. -Get the registration from the government confirmed.
LONG TERM PLAN:- To own a place with a playfield for the kids to play.
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- Increase the capacity of the orphanage to 500.
CONSTRAINS:
-The major constrain at the moment is money, having no regular funding on shores the organisation can not take more children. -Registration is still pending and requires one more year for the documentation and other formalities to complete.-The building is very small for 25 kids.-There is no play area within the orphanage.-The orphanage is located in a the middle of a slum like area.-The road to orphanage is in a bad shape which restricts a lot of people who could otherwise volunteer.-Location of the orphanage can have an adverse effect on the childrens overall development.-Government has not yet offered any help to uplift the conditions of this orphanage.-There is a definite need for better infrastructure which would require a lot of funds.
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A DAY SPEND AT GREATER HOPE INTERNATIONAL INDIA
FACT AND STATISTICS
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Total Number of NGO 1.2 millionRural Based 53%Urban Based 47%Unregistered 49.6%
Size
Category of staff Percentage of NGOsOne or less paid staff 73.4Between 2-5 13.3Between 6-10 4.8Above ten paid staff 8.5
Funding Mechanism In India
· All India estimates of total receipts of NPOs for 1999 – 2000 were Rs. 17922 crores (one crore equivalent to 10 million)
Sources of Funding in India
Sources Percentage of Total Fund (app.)Local (peoples contribution and Corporate Contribution)
80%
Government 13%International 7%
Types of Funding
Types Percentage of Total Fund (app.)Self Generated 51%Loans 7.1%Grants 29%Donations 12.9%
Dominant activities in India
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Type of Activities Percentage of NGOsReligious 26.5%Community/Social Service 21.3%Education 20.4%Sports/Culture 17.9%Health 6.6%Others 7.5%
WORKING EXPERIENCE
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Well it was the first time a got a chance to work with a NON government organization . Since we were aware about this community service from the very beginning so as the time was passing i was really getting much excited to work with the NGO. Morever this community service started immediately after the final exams so it acted as a refreshment task for us.
Being a student of post graduation i really had in mind to work for some noble cause. Well i was put in a team consisting of 15-20 members and our team was assigned the topic of helpless children and orphanages. I really had lot of questions in my mind regarding the working of these NGO’S but everything got cleared when i visited this NGO named “HUG HUMAN”.
It was really a great experience to spend some days at “GREATER HOPE INTERNATIONAL INDIA” . There i got a chance to mix with lots of illiterate children who do not dream about there good future. We went into there living rooms which were small rooms and about 6 children were accommodated in a single room. They showed us some paintings made by them. We got mixed up with them very soon, these children need support to carry out some good work themselves so that they can make their own future . So it is our duty to provide them the necessary support and motivation. Its not the responsibility of a single individual but everybody must take it as a duty to work for the upliftment of these poor children and thus to provide them necessary support and motivation. Its we who can make them to bring out their hidden talents.
Everything in the world is not done for own benefits , some things are done just for happiness. Even though i couldn’t do much but i was really happy to bring a little smile on the faces of these poor children and thus i would like to work for them in the long run.
CONCLUSION AND RECOMMENDATIONS
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It is difficult to measure the results and impact of the NGO contribution in the area ofchildren for the following reasons:
Programmes and actions depend on donor contributions, The national NGOs suffer from institutional weakness due to the incapacity
to mobilise internal resources for self-funding, Weak State involvement and support.
However and despite some constraints, NGO activities have had an impact above all onpublic opinion and the beneficiaries
The activities which are most impacted are
In healthIn Education/TrainingIn the field of Working ChildrenIn the field of Promoting and Disseminating Child Rights:
Some of the recommendations are
The State is recommended to :1. Adopt the official Convention on the Rights of the Child as soon as possible2. Publish the Convention on the Rights of the Child in the Official Gazette under the terms of its ratification ;3. Adopt an active role in fighting practices harmful to the health of children and women,
IN RELATION TO THE FAMILY
Parents should assume greater responsibility in educating their children;1. Put into practice laws banning early marriages;2. Parents should ha ve an adequate programme of children’s activities bearing in mind their overall development;3. The Government should increase salaries to match the cost of living ;4. Severe sentences for infanticide 5. Strengthen the awareness campaign on child rights aimed at parents;6. Television should broadcast images bearing in mind the harmonious developmentof the child.
IN RELATION TO THE CHILD IN SCHOOL
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1. Build more schools, particularly in the interior of the country;2.Review teaching programmes in the country;3.Offer training and refresher courses for teachers;4.Put into practice equality of opportunities for both sexes in education;5.Timely payment of teachers’ salaries and subsidies;6.Setting up libraries and places for child literature
BIBLIOGRAPHY
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o Team leader and the team members’ cooperation played a major role to collect all the information about each and every detail of this project.
o Some websites such as: www.giveindia.org www. karnataka .com www.ngo .india.gov.in www. ngo inindia.in www.socialjustice.nic.in www.hughuman .org
o The president, Mr. Nasar Hussain from HUG HUMAN helped us with his guidance and personal experience.
o Moral support from the dean of RIMS, the institute we are studying in.
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