The ruling regime continues in a systematic yet manipulative manner, with its vicious, anti-people agenda. The latest is its insensitive and draconian proposed changes to the FCRA. On March 25, the Foreign Contribution (Regulation) Amendment Bill, 2026, was introduced in the Lok Sabha by Minister of State for Home Affairs, Nityanand Rai. According to the Government, the Bill seeks to bridge legal gaps in the management of assets created through foreign funds and to streamline the accountability of NGO functionaries.

Seemingly innocuous words, but when one goes through the provisions of the Bill, one realises that it is the death-knell for humanitarian and other good works, which largely benefit the poor, the marginalised and other vulnerable sections of Indian society. The Amendment is clearly designed to kill the poor!

The most contentious aspect of the Bill is the creation of a new 'Designated Authority' to be notified by the Central Government. This authority would have the power to take provisional or permanent control of foreign contributions and assets (including buildings, schools, hospitals, and other infrastructure created partly or wholly from foreign funds) in cases where an organisation's FCRA registration is cancelled, surrendered, or deemed to have ceased, and when renewal is not applied for, denied, or expires. The 'authority' would supervise, manage, or dispose of these assets. Proceeds from any sale could be credited to the Consolidated Fund of India and used for "public purposes," including transfer to government departments or agencies. If the organisation's registration is later renewed or restored, the unutilised funds and assets would be returned. Affected organisations and their "key functionaries" would be required to provide full access to records and maintain assets under the authority's supervision.

Some of the other provisions of this Bill include:
1.    Expanded Definition of 'Key Functionary': The definition now includes directors, partners, trustees, karta of Hindu Undivided Family (HUF), office-bearers of societies/trusts/trade unions, and any person with control over management, making them personally liable for offences unless they prove lack of knowledge or due diligence.
2.    Prior Approval for Investigations: The Bill mandates that any law enforcement agency or State government must seek prior approval of the Central Government before initiating an investigation into FCRA-related complaints.
3.    Timelines and Automatic Cessation: Proposes fixed timelines for receipt and utilisation of foreign funds under prior permission, automatic cessation of registration upon expiry or non-renewal, and rules on asset handling during suspension.
4.    Reduced Imprisonment: The Bill proposes reducing the maximum imprisonment for FCRA offences from 5 years to 1 year, alongside rationalised penalties.

This Amendment Bill, with its harsh provisions, has raised the hackles of many: intellectuals, academics, activists, NGO leaders and workers, human rights defenders, religious leaders, and others from civil society. Besides, the entire spectrum of opposition political parties is united in demanding that this FCRA Bill be scrapped in toto and immediately.

Plenty has already been written (including editorials and op-eds) on the draconian provisions of the proposed Bill, with important statements issued by various sections of civil society. Representations, voicing legitimate concerns, have also been made to the Government. In fact, a few days ago, some of the mainstream Indian media had a news item quoting US Senator James Risch, who heads the influential Senate Foreign Relations Committee, saying, "India's Foreign Contribution Regulation Act imposes onerous and opaque constraints on non-governmental organisations and groups that receive foreign funding, making their daily operations nearly impossible." Concerns about the FCRA amendment have been expressed by both Republican and Democratic lawmakers.

There are several reasons for the immediate and unconditional withdrawal of the Bill; these include
1.    The current FCRA rules and regulations (particularly since 2014) are already extremely stringent, with innumerable checks and balances.
2.    The Government has systematically suspended, cancelled, or not renewed the FCRA registrations of several NGOs across the country, all of whom were doing yeoman service to the nation. Many of these belong to the minority communities.
3.    The new provisions are a stranglehold on the significant work being done for the common good and for the betterment of society; these include healthcare, education, rural and agricultural support, community development, women empowerment, childcare and protection, mitigating human trafficking, ecological enhancement, disaster response, relief and rehabilitation, livelihood, housing for the urban poor and research.
4.    The ones who will suffer most will be the millions of beneficiaries, who are poor and marginalised, the victims of natural and other disasters, the differently–abled, dying, destitute and other vulnerable sections of society, who today are given opportunities to live a more dignified and equitable life, based on Constitutional values and principles. Thanks to the stellar, selfless work of the NGO sector, supported by foreign funds.
5.    The Government is saying and obviously plans to do: if there are FCRA violations done today, then all the assets bought/constructed previously with foreign funds will be taken over. This is totally unacceptable.
6.    Besides, it is mala fide and unconstitutional. Article 300A of the Indian Constitution, introduced by the 44th Amendment in 1978, states, "No person shall be deprived of his property save by authority of law." It moved the right to property from a fundamental right (Article 19(1)(f)) to a constitutional/legal right. The state can acquire private property only through a valid law for a public purpose and with just compensation. A clear ploy to take over properties/assets belonging to the NGO (including hospitals, schools, community centres, and hostels). A provision blatantly targeting NGOs run by minorities.

On April 1, Opposition members of Parliament staged a united protest at the 'Makar Dwar' of Parliament, demanding the withdrawal of the Foreign Contribution (Regulation) Amendment Bill, 2026. They accused the Government of trying to tighten control over NGOs and to target minority institutions. They described the FCRA Bill as 'draconian' and as an attempt to grant sweeping executive powers that could lead to arbitrary action. The Lok Sabha had to be adjourned that day because the Opposition wanted the Bill to be withdrawn.

Responding to the allegations hurled at the Treasury Benches, the Parliamentary Affairs Minister Kiren Rijiju defended the move, stating that the Bill was aimed at regulating foreign funds in the national interest and not targeting any religion or community. He finally said that the Bill would not be taken up for discussion on that day. Despite putting it on hold, the Government has not withdrawn the Bill. That pause is clearly a temporary measure to allow tempers to cool and to (re)introduce it during the Monsoon Session of Parliament, which begins on July 21.

The FCRA is a weapon in the hands of the ruling regime. They seem determined to stop charitable and humanitarian work, to shrink the little of democratic space remaining and to quell the Constitutional empowerment of people. It is designed to kill the poor! We, the people of India, must take a stand NOW and demand the immediate and complete withdrawal of this draconian Bill!