New Delhi: The International Commission of Jurists (ICJ) has released an information document raising serious concerns about the Indian Foreign Contribution (Regulation) Act (FCRA), arguing that the law is “illegally obstructing the critical work of non-governmental organizations” .
Under the Narendra Modi regime, the FCRA has been strengthened several times, making it difficult for NGOs receiving foreign funds to operate. “The ICJ believes that the implementation of the FCRA is severely reducing the terrain of civil space in India and is posing unnecessary obstacles to human rights defenders and other civil society organizations in carrying out their critical work,” says the informative document.
The law, says the ICJ, uses imprecise and broad language, “which has left it open to abusive and arbitrary application by the Indian authorities.”
“By restricting NGO access to foreign funds earmarked for the NGO sector, the Indian government is selectively using the FCRA to silence critical voices,” said ICJ Policy and Legal Director Ian Seiderman. “As recognized in the Charter of the United Nations, international cooperation, including through financial assistance, is essential for the protection of human rights, and CSOs should be encouraged rather than prevented from participating in such cooperation. to facilitate your critical work. “
The FCRA, adopted in 2010, regulates the acceptance and use of foreign contributions by individuals, associations and companies. Its amendment by the Union government in September drew criticism from NGOs and activists who claimed that the measure would affect the livelihoods of workers associated with small NGOs and affect the entire voluntary sector, as organizations receiving foreign funds they could no longer transfer them to NGOs. working at the grassroots level.
Several reputable NGOs, including Amnesty International, Lawyers Collective, Greenpeace India, People’s Watch, Compassion International, and Public Health Foundation of India, have faced problems and government scrutiny due to the FCRA, which critics say is a tool to crack down. dissenting voices. Amnesty International said it was forced to shut down its operations in India because government agencies did not allow it to function. Since 2014, when the Narendra Modi regime came to power, the FCRA licenses of some 19,000 NGOs have been canceled.
In a press release, the ICJ has said that “India’s repressive law on foreign contributions stifles NGOs” and “must be revised or removed.”
Several international bodies have also raised concerns about the FCRA in the past. More recently, the United Nations High Commissioner for Human Rights, Michelle Bachelet, said: “The FCRA has been invoked over the years to justify a series of highly intrusive measures, ranging from official raids on NGO offices and freezing of bank accounts, up to suspension or cancellation of registration, including civil society organizations that have engaged with UN human rights bodies … I am concerned that such actions based on vaguely ‘public interest’ grounds defined leave this law open to abuse. “
In March of this year, the Supreme Court ruled in India Social Action Forum (INSAF) vs. Union of India that recourse to legitimate means of dissent like bandh, hartal, etc. it cannot be sufficient to deprive an organization of its legitimate right to receive foreign contributions.
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