By Rabindra Nath Sinha
Christian outfits in the North-East, where three states – Mizoram, Nagaland and Meghalaya – have overwhelming Christian presence, have started consultations among themselves about the contents of their representations against the Foreign Contribution (Regulation) Amendment [FCRA] Bill, 2026 which under the compulsions of circumstances the Bharatiya Janata Party-led government has remitted to a Joint Parliamentary Committee (JPC). It is customary for a JPC to hear the views of all stakeholders, including all the aggrieved parties, before finalising its views. The JPC has been urged by the treasury side to submit its report in the Monsoon Session of the Parliament. Already, a view is emerging that given the magnitude of the task and the sensitivity of the subject, the JPC may ask the Union Home Ministry for extension of time.
Involved in the consultation process are a fairly large number of church councils and their apex organisations in the North-East. These include, among others, Assam Christian Forum, United Christian Forum of North-East India and North-East India Christian Council. Although, as usual, the treasury side has two-thirds of representation and the Opposition one-third, yet, there is optimism that JPC will take due cognisance of the stand of the Christian outfits, which find the provisions of the FCRA (Amendment) Bill 2026 “draconian”.
The Christian outfits are drawing comfort from the fact that despite Union home minister Amit Shah’s officials in Delhi are hell-bent on excessively regulating civil society organisations (CSOs) receiving foreign donations and utilising the same along with domestic resources for welfare activity and improving the quality of life of people through education, medical treatment, there is felt consensus amongst the people over the importance of CSOs. Moreover, in times of distress caused by natural disasters, it’s the CSOs that often act as first and second responders, arranging food and shelter for the victims.
Before the 2026 FCRA (Amendment) Bill, New Delhi got amendments to FCRA passed in 2020, which prohibited a registered organisation from passing funds to another, even one registered under the same Act. Further, the share of foreign funds that could be used for administration, was drastically reduced to 20 per cent from 50 per cent. “This is a hefty cut, making it difficult to run the affairs efficiently. There is no denying there may be a case or two of a person in a church’s administrative wing resorting to unfair means to fill his pockets. But such instances are rare. For the wrongdoing of one person, it is not fair to tarnish the image of the management committee”, spokesperson of Assam Christian Forum and United Christian Forum of North East India told IPA.
The 2026 FCRA (Amendment) Bill proposes to further tighten the provisions – assets built with funds received from abroad can be taken over even if a certificate has ceased to be valid. A donee outfit can lose its registration in several situations; when the government cancels it; when renewal is refused; and/or, not applied for or not granted before the old certificate runs out. When such situations surface, an outfit’s foreign funds and assets created with foreign funds will automatically go under the control of a designated authority. The assets or property will come back to the outfit after it re-registers within a period that is not yet specified. In case of failure to re-register, the property will be lost for good. Further, a building constructed only partly with foreign funds will be taken over in full. The relevant organisation then must apply to the designated authority to get back the share not paid for with foreign money.
The scope of appeal is highly restricted. Only what the competent authority does with the property can be the subject of appeal; the refusal to renew certificates cannot be appealed against. There is no question of hearing before the refusal order is passed. Which means the authorities won’t hear the relevant party when they are scrutinising its renewal application.
Every bit of the 2026 Amendment Bill bears the stamp of BJP’s, more appropriately Shah’s highhandedness. This contrasts with the total absence of curbs on the Rashtriya Swayamsevak Sangh (RSS), which according to a recent statement of Prime Minister Narendra Modi, is the “world’s largest NGO”. RSS has no registration. “Does it carry on its extensive activity only with locally raised funds? Does it not receive funds from abroad? For all practical purposes, there is little difference between CSOs and NGOs,” sources IPA spoke to raised these points while discussing the FCRA issue. Yet another irritant is the proposal for retrospective effect. Shah has verbally assured the Opposition that there won’t be retrospective effect. But, there is a massive trust deficit, informed quarters told IPA.
Mizoram Chief Minister Lalduhoma, in a social media post on August 9, urged the Centre and its home minister, to roll back the FCRA Amendment Bill and send it to a JPC for further, intensive consultation. CM Lalduhoma had met Shah on August 6 in New Delhi along with Christian community representatives and apprised him of their concerns.
In addition, Meghalaya Chief Minister Conrad Sangma has urged New Delhi to address the state’s concerns over the proposed changes, contending the Bill in its amended form would adversely impact Christian organisations involved in public service. The particular section that has angered the community the most is Section 16A (5) that would facilitate take-over of assets, such as, educational institutions, hospitals and even land in their possession.
Nagaland’s Chief Minster Neiphiu Rio has written to Shah seeking a parliamentary review. (IPA Service)
