The latest amendments to the Foreign Contribution Regulation Act(FCRA) regulations in India have triggered panic among the US lawmakers, civil society organisations and other entities who fund social activities in India. The paranoid state of the US is apparently towards India’s domestic legislation, which is apparently rationalised to ensure financial transparency and national security. This raises serious apprehension about the true intentions behind the US funding into the Indian ecosystem under the veil of social welfare & charity.
Why has a protest erupted in the US against India’s FCRA scrutiny?
Interestingly, both Democrats and Republicans have united against India’s FCRA regulations. They are criticising FCRA amendments and claiming that it will adversely affect civil society groups and Christian organisations by preventing access to foreign funding and seizing of the assets that the entities funded by foreign organisations hold in India.
For example, Senator James Risch who heads the Senate Foreign Relations Committee, has deciphered the FCRA amendments as “deeply concerning”, while speaking to a private media platform of India. Similarly, members of the democratic party also have expressed concerns about the impact of FCRA amendments on foreign funded civil society organisations.
“President Trump has made protecting Americans and promoting religious freedom a priority for his administration, and the U.S. will not hesitate to call out countries who violate the internationally recognized human rights of Christians and other religious groups around the world”, Senator James Risch further added.
“On a bipartisan basis, Congress has raised concerns about the potential impact the Foreign Contribution(Regulation) Act could have on civil society. A significant expansion, particularly granting authorities sweeping power to seize the assets of organizations that lose their FCRA licenses, would raise serious questions. Our shared democratic principles and strong people-to-people ties are key elements of the U.S.-India partnership and both are supported by a vibrant civil society”, a Democratic Representative exclaimed.
Apparently, the protest by the US lawmakers against FCRA has been sparked, after US-based Christian organisations have raised repeated concerns about the legislative amendment. The Indian diplomats have continuously reiterated that the proposed FCRA amendments will not impose blanket restrictions or undue ban of the foreign funded organisations in India. It will only enhance oversight, scrutiny and vigilance over the organisations for national security purposes.
Only those organisations, who violate FCRA norms, bypass or try to evade legislative oversight and misuse the foreign funds for anti-national and other illicit activities will be checked. As long as, foreign funded civil society groups abide by the FCRA protocols and are not antithetical to the country’s sovereignty, security & integrity, they can freely operate in India. Despite such confirmation and clarity from India, the US has protested against FCRA. This raises serious apprehensions about the true intentions behind the US funding to India’s civil society sector and are frightened due to increased scrutiny.
What is FCRA and its amendments?
The Foreign Contributions Regulation Act(FCRA) 2020 aims to cancel the license of an entity, particularly of the civil society organisations, if they are found to be involved in anti-national activities under the veil of social welfare. It regulates how individuals, associations, NGOs, charitable trusts, educational institutions and other organisations receive and use foreign funds or donations. The objective is to ensure that foreign contributions do not adversely affect India’s sovereignty, security, public interest or democratic processes.
As per the latest regulations, under FCRA a specialised authority will be designated, who will be empowered to take control of the assets or properties of the organisations, if they are utilising foreign funds for anti-national activities and thereby their FCRA license is cancelled. Previously, the Government of India would directly cancel the FCRA license of the entities if it is found to be anti-national. However, as per the latest amendments, a designated authority will be empowered to do so.
If FCRA licenses are cancelled or not renewed, the foreign contribution and assets of such an entity will vest “provisionally” with a “Designated Authority” notified by the Central government. The authority may use the foreign contributions to manage the assets of the organisations. If fresh registration cannot be secured by a person or entity within a prescribed period, the assets and foreign contributions will rest permanently with the designated authority and the funds/assets will be used for public purposes. The assets can also be transferred to ministries and agencies of the central, state or local governments.
FCRA doesn’t target specific religion; Yet US-based entities fear!
The bill renders such clarity about the proposed amendments. The bill streamlines and creates authenticity/clarity regarding the management of the assets post the cancellation of license. However, the US lawmakers argue that the FCRA amendments will disproportionately affect the Christian charities and churches operating in India.
These assertions and nervousness of the US lawmakers, thus spikes doubts about the hidden agenda of the US funded Christian organisations in India. Are they involved in any anti-national or missionary activities, as they fear of their license being revoked?
The Catholic Bishops’ Conference of India also said that the FCRA amendments could lead to excessive interference in the operations of minority institutions. It termed the amendments “dangerous” and “alarming”. Similar concerns were also raised by other US-based Christian groups in the country and abroad.
The co-ordinated lobby by Republicans, Democrats, christian advocacy groups and other US-based religious entities reflect their fear towards FCRA amendments. However, FCRA doesn’t target the organisations affiliated to any specific religion. The FCRA rules equally apply to every foreign-funded organisation regardless of their faith.
It can be Hindu, Buddhist, Jain, Christian, Muslim, Sikh, Parsi religious organisations, it can even be secular entities or educational institutions or any form of charitable trusts. If they receive foreign funding, then they are indiscriminately and proportionately subjected to scrutiny under FCRA and have to abide by the norms. On apprehension of violating security and integrity of the country, their license remains revoked and assets seized, which will be again exclusively channelised to public welfare.
The law does not have different clauses for different faiths and religions. Yet, the US deliberately portrays the law as a calibrated attack on the US-based Christian organisations. Such rhetoric exposes the insecurities and illicit deeds of the US entities and their funding sources. For example, recently Indian authorities reported that a California based missionary organisation diverted Rs. 95 crores to India, by evading FCRA scanner. It was also said that the funds were channelised towards the naxal-affected regions or maoist belts. This raises concerns about missionary activities, eradicating cultural ethos and exploiting the vulnerability of the hinterlands of India.
Such activities raise concerns about transparency in foreign funding and threats to national security. Even Washington DC imposes stringent restrictions on the channels of foreign funding, foreign ownership etc. in the name of American sovereignty and security. However, similar measures in India are deemed as problematic and draconian. India’s position remains clear. Foreign funding is acceptable, but it has to be transparent, accountable and should be meant for legally approved activities itself.
Any actions, antithetical to the country’s sovereignty and security will be held accountable. Organisations abiding by FCRA regulations need not fear. If the US lawmakers are feeling the heat of the FCRA amendments, it indeed raises concerns about its true motives behind funding civil society in India!
