Activist Sonam Wangchuk detained under NSA

• Climate activist Sonam Wangchuk was detained under the National Security Act (NSA) and lodged in Jodhpur jail in Rajasthan on September 26.

• The move comes two days after protesters demanding statehood and extension of Sixth Schedule status for Ladakh turned violent and indulged in widespread violence.

• Four protesters were killed and 90 others were injured in the clashes. 

• On September 25, the Ministry of Home Affairs cancelled the FCRA licence of Students’ Educational and Cultural Movement of Ladakh (SECMOL) founded by Wangchuk.

• The action of the ministry was based on several alleged discrepancies detected in the accounts of the organisation including a fund transfer from Sweden which the ministry found was against “national interest”.

Who is Sonam Wangchuk?

• A mechanical engineer by education, Wangchuk has been working in the field of education reform for more than 30 years. 

• In 1988 he founded Students’ Educational and Cultural Movement of Ladakh (SECMOL), which aimed to bring reforms in the government school system in Ladakh.

• He was instrumental in the launch of ‘Operation New Hope’, a triangular collaboration of the government, village communities and the civil society to bring reforms in the government schools system. 

• The programme involved formation of village education committees to take ownership of state schools, training of teachers in child friendly ways and re-writing and publishing localised text books for Ladakh.

• Wangchuk teaches innovation at the school, where together with the students he designed and built solar heated buildings that are low cost, made of earth and mud but maintain +15°C even when the outside temperature is -15°C in Ladakhi winters.

• In order to solve the water crisis facing mountain regions due to climate change and fast melting glaciers he also invented the Ice Stupa artificial glacier which stores the wasting stream waters in winter in the form of giant ice cones or stupas and releases the water in late spring when farmers need water.

What sparked deadly protests?

• The protest by the youth wing of the Leh Apex Body (LAB) demanding talks with the Centre on the extension of the Sixth Schedule and statehood for Leh and the Ladakh region turned violent on September 24.

• The Constitution’s Sixth Schedule, meant for the tribal population of the four northeast states of Tripura, Meghalaya, Mizoram and Assam, makes special provisions in terms of governance, powers of President and the Governor, type of local bodies, alternate judicial mechanisms and financial powers exercised through autonomous councils.

• On September 10, Wangchuk had begun a hunger strike in Leh.

• The fast was to push the Centre to resume dialogue in support of their four-point demand — statehood, extension of Sixth Schedule, separate Lok Sabha seats for Leh and Kargil and reservation for employment.

• The Ladakh Apex Body (LAB) youth wing called for the protest after two of the 15 people, who were on a hunger strike, were shifted to a hospital because their condition deteriorated on September 23.

• With the situation worsening rapidly, Wangchuk stepped in with an appeal and an announcement that he was cutting short the fast.

• The protests descended into violence, arson and street clashes.

National Security Act

• The National Security Act (NSA), 1980 provides for preventive detention in certain cases and empowers the central government and state governments to make orders for detaining certain persons if satisfied that such detention is necessary for preventing acts prejudicial to the defence of India, the security of India, the security of the State, the maintenance of public order or the maintenance of supplies and services essential to the community.

• Lieutenant Governor Kavinder Gupta-led administration justified the detention of Wangchuk and said his series of alleged provocative speeches, with references to the Nepal agitation and the “Arab Spring”, resulted in the violence.

Foreign Contribution (Regulation) Act

• The Foreign Contribution (Regulation) Act, 2010, came into effect in 2011.

• It has been enacted by Parliament to consolidate the law to regulate the acceptance and utilisation of foreign contribution or foreign hospitality by certain individuals or associations or companies and to prohibit acceptance and utilisation of foreign contribution or foreign hospitality for any activities detrimental to national interest and for matters connected therewith or incidental thereto.

• While the provisions of the repealed FCRA, 1976, have generally been retained, the FCRA, 2010, is an improvement over the repealed Act as more stringent provisions have been made in order to prevent misutilisation of the foreign contribution received by the associations.

• Registration under the FCRA, 2010, is mandatory for NGOs and associations to receive foreign funds.

Key provisions of the FCRA:

1) A person who is registered under this Act cannot transfer foreign contribution to any other person. The term ‘person’ under the Act includes an individual, an association, or a registered company.

2) The following are prohibited to receive foreign contribution:

• Candidate for election, MPs, MLAs.

• Correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper.

• Public servant, judge or employee of any corporation or any other body controlled or owned by the government. Public servant means any person who is in service or pay of the government, or remunerated by the government for the performance of any public duty.

• Political party or office bearer thereof.

3) Providing the Aadhaar number of the office-bearers of an NGO is mandatory for the registration of the organisation under the FCRA. In case of a foreigner, a copy of the passport or Overseas Citizen of India Card is a must.

4) Every person who has been granted certificate or prior permission shall receive foreign contribution only in an account designated as ‘FCRA Account’ by the bank, which shall be opened by the person in the State Bank of India in New Delhi. No funds other than foreign contribution shall be received or deposited in any such account.

However, the person can open another ‘FCRA Account’ in any of the scheduled banks for the purpose of keeping or utilising the foreign contribution which has been received from SBI branch in New Delhi.

5) Maximum limit for utilising foreign contribution for administrative (office) expenses have been brought down to 20 per cent. Earlier, it was 50 per cent.

6) On the basis of any information or report and after holding a summary inquiry, if a person is found to have contravened any of the provisions of this Act, the central government can direct that such person shall not utilise the remaining foreign contribution without prior approval.

7) The central government may permit any person to surrender the registration certificate, if it is confirmed that such person has not contravene any of the provisions of the Act, and the management of foreign contribution and asset has been vested in the authority.

8) Earlier, the government could suspend the registration for only 180 days during which no foreign funding could be received. Following the amendment, it has been extended to up to 180 additional days.

9) Before renewing the certificate, the government may make an inquiry to satisfy itself that the person has fulfilled following conditions:

• The person is not fictitious or benami.

• Has not been prosecuted or convicted for indulging in activities aimed at conversion through inducement or force, either directly or indirectly, from one religious faith to another.

• Has not been prosecuted or convicted for creating communal tension or disharmony in any specified district or any other part of the country.

• Has not been found guilty of diversion or mis-utilisation of its funds.

• The person is not engaged or likely to engage in propagation of sedition or advocate violent methods to achieve its ends.

• The person is not likely to use the foreign contribution for personal gains or divert it for undesirable purposes.

• Has not contravene any of the provisions of the Act.

• Has not been prohibited from accepting foreign contribution.