Constitutional Impetus for the Voluntary Sector in India

‘Sector’ is a well understood word and concept; denoting a part in contradistinction to the whole of any activity, large group of people or a geographical/geometrical division drawn out of a big area. In business it can denote different sectors like manufacturing, real estate or public versus private sector. In social milieu it may mean divisions such as residential or commercial. It can also refer to different areas of governance such as education, healthcare, labor and employment. The beauty of Voluntary Sector lies in the fact that it can cover or relate to a large number of sectors on the basis of social and economic concerns. The other beauty of this term is the fact that organizations falling within this sector are guided by philanthropy and noble thoughts to do good for the marginalized communities and disadvantaged groups such as children, women, minorities, Scheduled Castes and Scheduled Tribes. The purposes of organizations working in the Voluntary Sector, whether as NGOs or in any other name is to create positive impact both social and economic for the chosen group. They can also be referred to as Civil Society or the Nonprofit sector because their purpose is to invest time, energy and even money for the welfare of humanity and not to make profit. It is entirely different from government or public sector and though it is run and manned by private people it cannot be included in the private sector which generally refers to business or industry run for by private owners for profit. Organized charities are the biggest contributor within the Voluntary Sector which also includes societies, co-operatives and non-governmental organizations of different sizes with varied purposes other than profit making.

Voluntary organizations can and do play very important role by supplementing or complementing efforts by the government to tackle various problems being faced by the masses at the lowest rung of the society. They directly and indirectly help in not only policy implementation but also its formulation.

In social field NGOs have done remarkable work to improve the lot of women, children and other marginalized groups by raising awareness and providing greater access to basic healthcare and education including non-formal education. Number of girls joining the school education has shown significant rise. Mid-day meal programs receive focus of several NGOs leading to increase in literacy rates. NGOs have rendered yeomen service in battling HIV/AIDS, malnutrition and other diseases such as Polio and Tuberculosis. Voluntary social groups have played very positive role during disasters like floods or pandemics. Children in need are getting valuable support of many organizations such as PRAYAS working in Delhi and some other places.

Economic development through skill development and other means such as micro finance has been the focus of several NGOs like SEWA (Self-Employed Women’s Association). Voluntary sector has also taken up the challenge to promote healthy practices to protect the environment and keep it sustainable by focusing on water conservation, organic farming etc. The have also worked to improve the condition of poor and unorganized labor by educating them the advantages of banking and finances services to improve their economic condition.

The list is long if one is tempted to go deeper into the work and role of organizations working in the Voluntary Sector in India. However, it is more important for us to realize how the constitution of India silently but effectively promotes a healthy eco system for effective working of the Voluntary Sector in India. Without going into technical jargons, this aspect can be easily appreciated by looking at the contents of Part IV and Part-IV A of the constitution which contain Directive Principles of State Policy and the Fundamental Duties respectively. The Directive Principles are in the nature of goals set up by our Constitution for the State to achieve by constant endeavor and positive action so as to make India a strong and vibrant democracy based on principles of liberty, equality, fraternity and of course peace for all. The purpose of Fundamental Duties is to make every citizen of India aware of various roles which he or she should play to make the social fabric of the nation strong and promote the image and interest of India in the most positive sense. Sometimes the state is unable to follow the directive principles on account of genuine constraints. In that situation the voluntary sector and the civil society as a whole gets the opportunity to advance some of the State policies which are suitable to be espoused by them.

 A look at Article 39 exhorting the state to secure for all adequate means of livelihood, a just economic order, equal pay for equal work regardless of gender, to protect the health of workers and prevent abuse of children, shows the way for the Voluntary Sector to work for these ideals and achieve such noble purposes without profit motive. Contents of Article 39A  advocating equal justice and free legal aid, Article 41 advocating right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement etc. are clear examples of how our Constitution has thrown up opportunity and purpose for doing valuable social service by the Voluntary Sector. Similar opportunities and purposes are embedded in the provisions of Article 41, 42, 43, 46, 47 and 48A. The last one requires the state to protect and improve the environment and to safeguard the forests and wildlife of the country. 

In similar vein one can find golden opportunities for the Voluntary Sector and the NGOs to make the citizens of India aware of their eleven fundamental duties enshrined in various clauses of Article 51A. Of special significance are the fundamental duties requiring every citizen of India to abide by the Constitution and to respect its ideals and institutions, to follow the noble ideals which inspired out national struggle for freedom and to uphold and protect the sovereignty, unity and integrity of India. Of equal importance for the Voluntary Sector is the duty of every citizen to promote harmony and the spirit of common brother hood amongst all the people of India regardless of various diversities, to renounce practices derogatory to the dignity of women and to value and preserve the rich heritage of our composite culture. Of similar importance is the duty to improve the natural environment including forests, lakes, rivers and wildlife. All citizens have also to understand that it is their fundament duty to safeguard public property and to abjure violence. Another significant fundamental duty has been cast upon every citizen who is a parent or guardian, to provide opportunities for education to his child or his ward between the age of six and fourteen years.

Various organizations and NGOs are working to achieve the aforesaid purposes. But much more needs to be done to effectuate the aims and objects for which our Constitution has made various provisions which have been briefly indicated above. The organizations in the Voluntary Sector often face challenges on account of financial constraints and lack of meaningful donations. Sometimes their good work is hindered by governmental and bureaucratic interference also. All of us need to support the voluntary organizations who have shown a good track record in helping the society in general and the marginalized groups in particular. That will help in realizing the vision for a healthy and developed India as reflected in our Constitution. The Voluntary Sector must be encouraged and roped in as partner in India’s journey to progress and attainment of constitutional ideals. For this the government as well as private sector should also come forward to create meaningful and effective partnership with the Voluntary Sector in India.

(The Author is former Judge, Supreme Court of India)