What is Foreign Contribution Regulation Act

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The News

The licences of 13 non-governmental organisations (NGOs) have been suspended under the Foreign Contribution (Regulation) Act (FCRA), 2010, this year.
The FCRA certificates were suspended and bank accounts frozen.
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The Ministry of Home Affairs (MHA) said it had received “serious adverse inputs” regarding the working of several NGOs which come under the ambit of the FCRA in tribal areas.

The UN High Commissioner for Human Rights (UNHCHR) appealed to the Government of India to review the Foreign Contribution (Regulation) Act and its compliance with international human rights norms, and regretted that it was being “used to deter or punish NGOs for human rights reporting”.
UN said, “Constructive criticism is the lifeblood of democracy. Even if the authorities find it uncomfortable, it should never be criminalised or outlawed”.

The UN Human Rights Committee oversees the implementation of the International Covenant on Civil and Political Rights (ICCPR) to which India is a party.
United Nations Human Rights Committee is a United Nations body of 18 experts established by a human rights treaty, the International Covenant on Civil and Political Rights (ICCPR).
The Committee meets for three four-week sessions per year to consider the periodic reports submitted by the 179 States parties to the ICCPR on their compliance with the treaty.
The UN Human Rights Committee should not be confused with the more high-profile UN Human Rights Council, or its predecessor, the UN Commission on Human Rights.

International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by United Nations General Assembly in 1966.
The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
The Covenant has 179 parties to it. The ICCPR is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR).
The ICCPR is monitored by the United Nations Human Rights Committee.

UN observed that in India, more than 1,500 arrests were made in relation to protests against the Citizenship Amendment Act (CAA) and for violating the Unlawful Activities Prevention Act.
It also highlighted the arrests made in Elgaar Parishad case that includes the most recent arrest of Catholic-priest Stan Swamy.
Also, on UN radar is the closure of Amnesty International after its bank accounts were frozen due to alleged FCRA violations.

At the heart of the UNHCHR’s criticism is the “vaguely worded and overbroad” provisions of FCRA that curtail freedoms of the citizens.
UN said that, ICCPR allows restrictions of freedom to association but the “State party must prove the precise nature of the threat”.
Restrictions can be imposed on grounds of protecting national security or public order.