Between State Oversight and Global Norms: Recent Trends in Governance of Public Charitable Trusts under the Maharashtra Public Trusts Act

Authors: Research Scholar Pinki J. Roy, Dr. Varsha Deshmukh

Abstract: This paper explores the evolving governance landscape of public charitable trusts in Maharashtra, focusing on the Maharashtra Public Trusts Act, 1950 (MPTA), and its alignment with emerging international legal norms governing non-governmental organizations (NGOs). As global standards increasingly emphasize transparency, accountability, and protection of civic space, domestic legal frameworks face pressure to modernize. This study critically examines how the MPTA balances state oversight—through mechanisms like mandatory registration, audits, and supervision by the Charity Commissioner—with international legal principles such as freedom of association, the right to participate in public life, and non-discrimination in civil society regulation. The study is unique in juxtaposing local statutory provisions with global norms, particularly those stemming from the UN Declaration on Human Rights Defenders, the International Covenant on Civil and Political Rights (ICCPR), and international best practices on NGO governance. It draws on recent legal developments, regulatory trends, and select case studies to analyze tensions between national security-driven regulation (e.g., FCRA) and India’s international human rights obligations. By situating the Maharashtra model within a broader global discourse, this paper offers practical insights into reform opportunities, improved compliance mechanisms, and enhanced legitimacy for public trusts. It concludes by suggesting legal and administrative reforms to better harmonize domestic trust regulation with international standards without compromising legitimate state interests.