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Bill to amend FCRA is an attempt by government to target critics: Oppn

The government, which introduced the Bill in Lok Sabha on Sunday, maintained that the proposed changes in the legislation were not to take anyone’s rights.

Written by Deeptiman Tiwary , Liz Mathew | New Delhi | September 21, 2020 1:29:42 am
TMC’s Sougata Ray termed the Bill as the “Big Brother watching” and said the government is trying to block foreign contributions to a number of social organisations, including those who work in tribal and rural areas. (File)

The Opposition on Sunday opposed the Foreign Contribution Regulation (Amendment) (FCRA) Bill to incorporate more stringent measures for receiving foreign funds, alleging that it is part of the government’s “attempts to target its critics”.

The government, which introduced the Bill in Lok Sabha on Sunday, maintained that the proposed changes in the legislation were not to take anyone’s rights.

Congress leader in Lok Sabha Adhir Ranjan Chowdhury and his party colleague Manish Tewari said Bill would give more powers to the government to “muzzle the voices of dissent”. Alleging that the treasury benches were trying to malign first Prime Minister Jawaharlal Nehru, Chowdhury said, “If you can prove that Nehru had done any financial irregularities with the PM Relief Fund, I am ready to give up my post.”

Opposing the clause in Bill that makes Aadhaar mandatory, he cited a Supreme Court judgment that prevents the government from doing so.

According to Tewari, the situation in which the Act was made in 2011 has changed. “Now we have seen the provisions… (have) increasingly been used against those who speak against the government,” he said.

TMC’s Sougata Ray termed the Bill as the “Big Brother watching” and said the government is trying to block foreign contributions to a number of social organisations, including those who work in tribal and rural areas.

Minister of State for Home Affairs Nityanand Rai said clauses in the Bill were not not in violation of the Supreme Court judgment.

Explained

Consistent crackdown on ‘erring’ NGOs

The FCRA (Amendment) Bill seeking to make the Act more stringent is in line with the government’s consistent crackdown on “erring” NGOs. In its first term, a report by the Intelligence Bureau had said that actions of NGOs had led to a loss of 3 per cent of GDP. Since then, there have been actions initiated by the government against several NGOs, including top international NGOs such as Ford Foundation and Amnesty International.

The Bill to amend the FCRA proposes to include “public servants” in the prohibited category for accepting foreign contribution, decrease administrative expenses through foreign funds by an organisation to 20 per cent from 50% earlier, make Aadhaar mandatory for registration and give government powers to stop utilisation of foreign funds by an organisation through a “summary enquiry”.

The Foreign Contribution Regulation (Amendment) Bill 2020 says the need to strengthen the Act has arisen due to several organisations misutilising or misappropriating the funds.

“The annual inflow of foreign contribution has almost doubled between the years 2010 and 2019, but many recipients of foreign contribution have not utilised the same for the purpose for which they were registered or granted prior permission under the said Act. Many of them were also found wanting in ensuring basic statutory compliances such as submission of annual returns and maintenance of proper accounts. This has led to a situation where the Central Government had to cancel certificates of registration of more than 19,000 recipient organisations, including non-Governmental organisations, during the period between 2011 and 2019,” says the Bill’s statement of objects and reasons.

“The criminal investigations also had to be initiated against dozens of such non-Governmental organisations which indulged in outright misappropriation or mis-utilisation of foreign contribution,” it adds.

The government has said there is a need to streamline the provisions of the Act by “strengthening the compliance mechanism, enhancing transparency and accountability in the receipt and utilisation of foreign contribution worth thousands of crores of rupees every year and facilitating genuine non-Governmental organisations or associations who are working for the welfare of the society”.

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