The Bombay High Court has overturned a directive from the Maharashtra Charity Commissioner that prohibited charitable trusts from using terms like ‘eradication of corruption’ in their names. The 2018 circular had specified that organizations should not use names such as ‘Bhrashtachar Nirmulan Mahasangh’, ‘Bhrashtachar Virodi Andolan’, ‘Bhrashtachar Mukta Bharat’, or ‘Human Rights’, asserting that corruption eradication was a governmental responsibility.
The decision emerged from a writ petition filed by the Manvi Hakka Sanrakshan and Jagruti Trust, which argued against the restriction. The division bench, comprising Justices M.S. Sonak and Jitendra Jain, ruled that combating corruption or advocating for human rights fits within the scope of “object of general public utility,” which qualifies an organization for charitable status.
In their judgment, the justices emphasized, “Naam mein kya rakha hai, kaam dekhna chahiye. Agar kaam galat ho to sakht karvaai karni chahiye” (What is in a name, look at the work. If the work is wrong then take strict action). They pointed out that while the authorities are free to act against any organization operating unjustly, like a kangaroo court, the mere inclusion of words like ‘anti-corruption’ or ‘human rights’ in a name does not imply malpractice.
Further elaborating on the importance of these terms, the court noted that corruption is a severe issue that undermines the common good, economic growth, and bureaucratic function. It reaffirmed that organizations set up to fight corruption or protect human rights are indeed covered under the ‘advancement of any other object of general public utility’ as defined in the Maharashtra Public Trusts Act.
The high court also highlighted the intrinsic link between human rights and anti-corruption efforts, stating, “Corruption and human rights are closely associated…. Corruption is detrimental to all areas and aspects of human wellbeing, particularly human rights.” The judgment underlined that protecting human rights effectively includes tackling systemic issues like corruption.
