The Patna High Court was called upon to decide a PIL which sought directions to the State Government to allow involvement of the Civil Society Organizations (CSOs) and Non-Government Organizations (NGOs) in COVID related relief works of the State.
The Bench consisting of Hon’ble the Chief Justice Mr. Sanjay Karol and Hon’ble Justice Mr. S. Kumar while disposing of the petition, highlighted the ‘indispensable’ role of these civil societies in making relief efforts reachable to each and every person in need. The Court also issued ‘directions’ to the Government to look into eventualities of enhancing the involvement of these CSOs in such relief measures.
BRIEF FACTS
In April 2020, a PIL was filled before the Hon’ble High Court highlighting the rights of Civil Society Organizations (CSOs) and Non-Government Organizations (NGOs) to aid and supplement the efforts of the State in providing relief to the needy during the pandemic.
The Petitioner submitted that they are willing to provide assistance in efforts of the State, however, they were working under; (a) Corporate Social Responsibility; (b) foreign funding, and therefore, they were bound by the requirement of transparency on: where are how the funds are being utilized.
This required that their volunteers remain present where the goods and food were distributed and money was being utilized. It was also case of the Petitioners that the district administration of Bihar refused lockdown travel passes to organizations and had requested them to deposit the relief goods at allotted stores, which would then be distributed by the State authorities
It was contended by the Petitioner that:
1. Owing to the demography (population) and geography (area) of Bihar, the State government's continued efforts were unable to reach each and every person in need and that there are a large number of CSOs and NGOs who are interested in helping out.
2. The Petitioner placed 4 letters of the NITI AGOY on records:
2.1. Two letters [written in March 2020]
- . The first letter was addressed to about 800 recognized CSOs and NGOs from across the country, stressing their pivotal role in joining and assisting the local and State administrations in critical areas and requesting their coordinated efforts to work closely with the State authorities on the ground, especially in critical areas.
- The second letter was addressed to all State governments intimating them of the request to CSOs and NGOs and directing them to include these organizations in the relief operations conducted in the States.
2.2. The other two letters written in April, 2020 directed the States to appoint Nodal Officers at the State and District levels for coordination with CSOs and NGOs.
3. In April 2020, WHO, while laying down the National Strategies to respond to Covid- 19 provided that each country must continue to implement a national action plan, which must include civil society organizations and national NGOs to extend the reach of public health and socioeconomic interventions.
The Petitioner sought directions:
1. To allow CSOs and NGOs to aid and supplement State efforts
2. To permit CSOs and NGOs to accompany State officials while distribution relief materials provided by them
3. To appointment of Nodal Officers at State and District levels for coordination
CASE OF THE STATE
The Learned AAG submitted that: letters of NITI Aayog were not binding on the State Authorities. The Counsel then laid down the State efforts in engaging with civil society.
REASONING AND DECISION OF THE COURT
Issues of Law before the Court
1. Whether guidelines of the NITI Aayog are in the nature of advisory communication or are they binding on the State?
The Court observed that: NITI Aayog (a think tank) acts as the quintessential platform of the Government of India to bring States to act together in the national interest, and thereby fosters Cooperative Federalism.
Court noted that:
“the State repeatedly asserted that these communication and /or guidelines issued by the NITI Aayog are purely advisory in nature and leave in the open to the State to adapt their own policies keeping in view the ground realities of the State.”
Thus, observing that these directives of the Ayog are not binding on the States that Court came to the conclusion that:
“ In the instant matter, there is nothing in the letter of the NITI Aayog dated March 31, 2020, to show that it comes in the exercise of a statutory authority vested in the NITI Aayog. (…) therefore, agree with the State that they are free to formulate their own policy with respect to the engagement of CSOs and NGOs.”
2. Whether the CSOs have a right to be involved in relief operations during a pandemic to help each needy person, keeping in view advisories in this regard by the WHO [also endorsed by the United Nations]?
The High Court while acknowledging the importance of the issue brought forth in the present petition, observed that:
“the pandemic has brought great hardships for the people, including loss of livelihood to a large number of people who now require assistance for their daily food and essential supplies (…) Undoubtedly, every person has a right to receive effective help (…) This includes a right to food and other essentials.”
Thus, acknowledging that role of civil societies cannot be undermined the Court further observed that:
“In times of disaster, the civil Society has always stepped in to provide relief and assistance and has always worked towards ensuring socioeconomic rights of the most vulnerable. Therefore, it is a matter of significance that a continued relationship of mutual Patna High Court trust exists between the State and these organizations in providing help to the needy.”
The Court therefore, held with respect to the role of these Civic bodies and their coordinated efforts with the State, that:
“the role of the Civil Society in a democracy cannot be understated to address the miseries brought about by the pandemic, but however a coordinated effort of all functionaries is paramount.”
HELD
The Court directed the State to consider and enforce, to the extent possible, the following:
1. Actively interact and coordinate with NITI Ayog ensuring implementation of principles of good governance, which, in turn, would enable citizens, achieve and fulfill the Constitutional goal of social justice.
2. Allow CSOs and NGOs to conduct relief operations, including in the form of distribution of food and other materials, in the State. The civil Society forms the fourth institution in a democracy. They cannot be indefinitely excluded from relief operations in times of crisis. Where concerted efforts by the State are necessary, CSOs and NGOs be included within the folds of the State operations.
3. Integrate the participation of CSOs and NGOs as part of the policy framework
4. Strive to form policies which allow CSOs and NGOs to work in direct partnership with the State, especially socioeconomic welfare policies, such as those directed towards child education and nutrition, juvenile justice, women rights, transgender rights etc.
5. Formulate SOPs, guidelines and codes of conduct to be adopted by the State as well as CSOs and NGOs in their performance of welfare and relief operations. Accountability of all institutions is essential.
6. Leverage the information and knowledge-bases of CSOs and NGOs. Their expertise would help identify the most vulnerable groups and areas that need immediate attention.
7. Create publicly accessible repositories of recognized CSOs and NGOs, maybe even organized in terms of their area of efforts and involve them in relevant projects.
8. Conduct regular consultations at every stage of relief work, with relevant CSOs and NGOs working at the ground level and it can be used as a forum for feedback.
9. Create a website/other online platforms for interaction with non-state actors, and as a forum for data and information sharing with the various stakeholders.
10. State to itself make optimum use of all the aid and assistance being extended by all organizations, and by engaging them, to ensure that relief reaches to the maximum number of persons.
CASE DETAILS
Name of the Parties: Parul Prasad v The State of Bihar
Bench: Hon’ble the Chief Justice Mr. Sanjay Karol and Hon’ble Justice Mr. S. Kumar
Case No.: CWJC No.5609 of 2020
Date of Decision: 07-09-2020
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