How government's overhaul of FCRA rules puts focus on religious conversion, Pg9

Key Highlights:

• The Union Home Ministry has tightened the Foreign Contribution Regulation Act (FCRA) rules through two new notifications.
• The first notification mandates purpose-based and geography-linked registration for NGOs, specifying 105 permissible activities.
• It explicitly excludes "proselytisation" from permitted religious activities for foreign funding.
• The second notification revises compounding penalties for various violations, increasing the cost of non-compliance.
• Existing FCRA-registered associations have one year to update their purpose and geographical areas.

Detailed Insights:

• The new rules mark a significant shift from a broad, programme-based framework to a more prescriptive regulatory regime for foreign funding.
• Registration is now tied to specific purposes chosen from a government-notified list and linked to particular states or Union Territories.
• The definition of "key functionary" has been broadened, and organizations with foreign nationals in key management face new restrictions.
• A minimum utilization requirement for foreign funds has been introduced for renewal and cancellation decisions.
• The explicit exclusion of proselytisation aligns with the Supreme Court's ruling in Rev. Stainislaus vs. State of Madhya Pradesh (1977).
• This ruling held that the right to propagate religion under Article 25 does not include the right to convert another person.
• Penalties for violations like excess administrative spending or using funds for unapproved purposes have been significantly increased.
• The government aims to enhance oversight over how and where foreign contributions are utilized by NGOs.

Key Concepts Involved:

• Foreign Contribution Regulation Act (FCRA): An Indian law regulating the acceptance and utilization of foreign contributions by individuals, associations, or companies.
• Proselytisation: The act of attempting to convert someone from one religion, belief, or opinion to another.
• Compounding Penalties: A legal process allowing an offender to pay a sum of money in lieu of prosecution for certain offenses.
• Article 25: A fundamental right in the Indian Constitution guaranteeing freedom of conscience and the right to freely profess, practice, and propagate religion.