Bhima-Koregaon case: Poet-activist Varavara Rao granted bail on medical grounds

Rights: The Bombay High Court has granted temporary bail on medical grounds to 81-year-old poet and activist Varavara Rao, who has been in custody since August 28th, 2018, awaiting trial in the Bhima-Koregaon case. Rao would have to surrender after completion of the bail period of six months.

Rao, who is currently undergoing treatment at Mumbai’s Nanavati Hospital where he was admitted by the Maharashtra government, has been granted bail on the condition that he will remain in Mumbai and be available for investigation. The court further asked him to furnish a personal bond of INR 50,000, and also to be present at the National Investigation Agency (NIA) court for trial. He has also been forbidden from establishing any contact with his co-accused in the case.

In a writ petition filed earlier this month, his lawyer, Indira Jaising, had highlighted Rao’s poor health condition before the Bombay High Court, saying that of the 365 days since last February, he had spent 149 days in hospital.

The Bhima-Koregaon case, being probed by the NIA, involves allegations of provocative speeches made at the Elgar Parishad conclave held in Pune on December 31st, 2017, which the police claimed led to violence the next day near the Bhima-Koregaon war memorial.

Varavara Rao and nine other activists were accused of plotting the violence with Maoists. Rao, who headed Veerasam, an association of revolutionary writers, has denied the charge.

Read this article on the state of justice in India.

Fundraising & Communications: The Ministry of Home Affairs (MHA) has issued a circular extending the validity of FCRA registration certificates to September 30th, 2021. This applies to all FCRA licences that have expired or will expire between September 29th, 2020 and May 31st, 2021. The decision to extend the deadline has been driven by the exigencies arising from the COVID-19 situation.

FCRA refers to the Foreign Contribution (Regulation) Act 2010, which permits charitable organisations based in India to raise funds from foreign sources.

The order also clarified that nonprofits that have already opened an account and have the requisite permission to receive foreign aid, can henceforth receive it only in these newly-opened accounts.

The FCRA law was amended in September 2020 to include a clause that mandated that all nonprofits receiving foreign aid must necessarily open an account in State Bank of India’s New Delhi Main Branch. The government had initially set the deadline for this account opening as March 31st, 2021; it later extended it to June 30th, 2021 after several nonprofits argued in court that there had been delays because necessary approvals from MHA had not been received.

Several organisations have not been able to receive foreign funds during the crisis caused by the second wave, and this has impacted their COVID-19 relief efforts. Relaxing the foreign funding rules could significantly help organisations ramp up their operations to help individuals, supply critical healthcare equipment, and respond to communities in rural areas.

Read this article to know how amending the FCRA can have unforeseen implications.

Philanthropy & CSR: The Ministry of Corporate Affairs (MCA) has issued a circular that allows corporate spending on health infrastructure for COVID-19 care to qualify as corporate social responsibility (CSR) expenditure.

This includes setting up medical oxygen generation and storage plants, manufacturing and supply of oxygen concentrators, ventilators, cylinders, and other medical equipment to counter COVID-19.  

The announcement comes at a time when all efforts are being directed towards expediting efforts to support the country’s healthcare infrastructure.

According to the circular, companies can now undertake projects and activities in collaboration with other companies using CSR funds. Additionally, they can contribute to specified research and development projects, as well as publicly funded universities and certain organisations that conduct research in science, technology, engineering, and medicine.

The government had earlier clarified that setting up makeshift hospitals and temporary COVID-19 care facilities would also be considered a CSR activity. Rajesh Verma, the Corporate Affairs Secretary, has requested businesses to consider converting vacant office buildings into COVID-19 facilities to cater to the rapidly increasing caseload.

Read this article to understand why media attention on COVID-19 deaths due to lack of oxygen in big cities has skewed donor priorities.