Data reveals that over 20,000 Foreign Contribution Regulation Act (FCRA) registrations have been cancelled nationwide, with a significant number originating from Tamil Nadu. In light of this revelation, DMK Rajya Sabha MP P Wilson has penned a letter to Home Minister Amit Shah, urging a review of the FCRA provisions.
Wilson expressed concern over what he perceives as the targeting of Christian NGOs under the FCRA rules. He called for a comprehensive examination of the FCRA regulations to ensure fairness and transparency in the cancellation process.
The cancellations, initiated by the Central government led by Prime Minister Narendra Modi, were attributed to alleged violations of various FCRA provisions by the affected NGOs, effectively barring them from receiving foreign funds.
Since assuming power in May 2014, the BJP-led NDA government has been vigilant in enforcing FCRA compliance, resulting in nearly 20,000 NGOs losing their FCRA licences. Among these, over 9,500 licences were revoked in 2015 alone, with the remaining not renewing their applications after expiration in November 2021.
Recent developments highlight the continued scrutiny of FCRA compliance. On January 1, 2022, the FCRA registration of approximately 6,000 NGOs was cancelled, either due to the Ministry of Home Affairs’ refusal to renew applications or the NGOs’ failure to reapply.
Last July, three prominent NGOs, including the Young Women’s Christian Association (YWCA) of Delhi, faced FCRA licence cancellations. Similarly, in January this year, the leading think-tank Centre for Policy Research (CPR) saw its FCRA licence revoked after a year-long suspension for alleged violations of foreign funding laws.
The Union Ministry of Home Affairs (MHA) further intensified its actions by cancelling the FCRA registration of the Tamil Nadu Social Service Society (TNSOSS), a Christian social service organisation associated with the Tamil Nadu Catholic Bishops Conference for justice, peace, and development.
As of February 4, the total number of FCRA licence cancellations had surpassed 20,000. The cancellations witnessed spikes in certain years, notably in 2012, 2015, 2017, and 2019, with over 10,000 cancellations recorded in 2015 alone. However, in other years, cancellations remained minimal, rarely exceeding double digits.
Currently, there are 17,019 actively operating non-government organisations (NGOs) in India with valid FCRA registrations. The cancellations underscore the government’s commitment to ensuring transparency and accountability in the receipt and utilisation of foreign contributions by NGOs operating within the country.
The recent case against human rights activist Harsh Mander and his NGO Centre for Equity Studies (CES) adds to the growing concerns about measures targeting civil society and NGOs.
According to a report in the media, the Central Bureau of Investigation (CBI) registered a case against Harsh Mander and CES for alleged FCRA violations. The FIR was filed based on a complaint from the Union Home Ministry, citing transfers from the FCRA account to certain individuals as a violation of the Act.
Data | If cancellations are expressed as a share of Foreign Contribution (Regulation) Act (#FCRA) licences given, then Uttar Pradesh tops the list.https://t.co/JPLGmZx48C
— The Hindu (@the_hindu) February 9, 2024
This development follows a series of actions against civil society and NGOs, including the cancellation of FCRA registrations for Delhi-based Centre for Policy Research (CPR) and World Vision India last month. In 2023, the Home Ministry recommended a CBI investigation into Oxfam India for alleged FCRA violations, and the CBI registered a case against NewsClick for similar violations in December 2023.
The report highlights that FCRA licence cancellations have increased in specific years, notably in 2012, 2015, 2017, and 2019. In 2015, over 10,000 cancellations were reported, although in other years, cancellations were generally in double digits. It is clarified that not all cancellations were due to violations, as some were conducted to eliminate multiple registrations for the same organisation.
The FCRA registrations are not permanent, requiring renewal once every five years, and Lok Sabha data reveal that between 2019 and 2021, 788 renewal applications were denied. Tamil Nadu leads the list of cancellations, with 2,580 FCRA licences of NGOs registered in the state facing cancellations to date. The state also records the highest number of expired licences at 1,576, yet maintains over 2,500 active FCRA licences, the highest among states.
Other states with a notable number of cancellations include Maharashtra, Andhra Pradesh, Uttar Pradesh, West Bengal, and Karnataka. Uttar Pradesh tops the list when cancellations are expressed as a share of all FCRA licences given, with over 50 per cent cancellations, followed by Bihar, Andhra Pradesh, Odisha, Telangana, and West Bengal, each with over 40 per cent cancellations.
The report indicates that Tamil Nadu has the highest number of organisations with active FCRA licences, receiving the third-highest amount of foreign contributions (Rs. 2,507 crores) in FY 2022. Delhi-based organizations top the list by receiving Rs. 5,809 crores, followed by Karnataka (Rs. 3,140 crores), Gujarat, and Telangana, each receiving over Rs. 1,000 crores.
Critics argue that the data provided is self-explanatory, pointing to a dominant presence of Christian NGOs and their substantial share of foreign funds. Allegations suggest that these funds are utilised for evangelical activities, including conversion efforts and the distribution of religious materials, contrary to the organisations’ stated objectives.
DMK MP P Wilson’s letter to Home Minister Amit Shah underscores concerns about FCRA licence cancellations being allegedly based on religious lines. Wilson emphasises that around 1,600 Christian and Church-based NGOs in Tamil Nadu are being targeted, raising fears of minority-run NGOs facing discrimination. He urges the Home Minister to make necessary amendments to FCRA rules, aligning them with international standards, and calls for a comprehensive review.
Wilson emphasises that a fair and transparent regulatory framework is crucial to sustaining democratic norms and supporting welfare and social service activities. He underscores the invaluable role of these organisations in society, urging the government to issue guidelines to prevent the recurrence of alleged discrimination in the future.
Critics highlight instances where DMK leaders have openly expressed their government’s commitment to minority welfare, with Udhayanidhi Stalin reportedly advocating for the undermining of Sanatana Dharma. The DMK’s approach to minority appeasement has faced criticism, with some suggesting that the government’s policies may favour specific religious communities.
As the debate around FCRA licence cancellations unfolds, discussions about the potential misuse of foreign funds and the need for a balanced and transparent regulatory framework continue. The government’s response to DMK MP P Wilson’s concerns and the broader discourse around FCRA rules and amendments will likely shape the regulatory landscape for NGOs and civil society organisations in India.
