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FCRA Bill 2026 seeks balance between security and foreign funding

New Delhi, Aug 10 (IANS) Global funds play an important role in supporting India’s development across several areas, and the government has welcomed genuine international partnerships through a legal framework that allows such contributions to be received and utilised meaningfully.

Governments worldwide have become increasingly conscious of the need to ensure that cross‑border financial flows remain transparent and accountable. With the rapid expansion of global financial networks, digital transactions and cross‑border funding mechanisms have posed challenges to financial transparency, foreign influence and protection of democratic institutions. India is no exception.

The Foreign Contribution (Regulation) Act (FCRA) provides the framework to ensure that foreign money entering India comes through a registered, accountable and disclosed channel. Organisations receiving such funds are required to account for what they receive and how they spend it.

The Act protects institutions from risks of unregulated foreign financial influence while enabling them to carry out legitimate, impactful work.

The Foreign Contribution (Regulation) Amendment Bill, 2026 seeks to refine and strengthen this framework by addressing operational gaps, improving clarity, providing for judicial revision and appeal, and rationalising penalties.

The Home Ministry has argued that the Bill is about transparency, accountability and sovereignty, not banning foreign donations. Officials stress that thousands of NGOs remain registered and continue to receive funds, showing that FCRA is a disclosure regime rather than a tool to suppress civil society.

Between 2019 and 2022, over Rs 55,741 crore in foreign contributions flowed into India through 13,520 organisations, according to reports. Government documents also draw comparisons with similar laws in democracies like the US, UK, Australia and Canada, which regulate foreign funding to protect institutions.

In India, the amendment introduces a new Designated Authority empowered to take over, manage and potentially sell NGO assets created from foreign funds if their FCRA registration is cancelled, surrendered or not renewed. Any organisation aggrieved by an order may seek revision within 90 days and has a further right of appeal to the district judge.

The government has defended the Bill as a necessary measure to ensure transparency, accountability and national security in the management of foreign donations. But many NGOs fear stricter compliance will discourage international philanthropy, affecting sectors like education, healthcare and disaster relief.

Officials have insisted that the Bill is not about banning foreign contributions but about ensuring they are used for their stated purposes, reminding that in the past foreign donations were allegedly diverted to political or anti‑national activities.

FCRA was first enacted in 1976, replaced by a new law in 2010, and amended in 2016, 2018, 2020 and now 2026. India’s Ambassador to the USA, Vinay Mohan Kwatra, said the 2026 Bill and Rules are the next step in the same direction: more transparency, better governance and clearer rules.

“The fact is that the law does not forbid Indians from receiving foreign donations or shut down law‑abiding civil society. Tens of thousands of associations are registered under FCRA and routinely receive foreign funds for health, education, disaster relief, research and humanitarian work,” Kwatra wrote in a social media post on Monday.

He also allayed fears that the law would lead to seizure of assets of NGOs, including religious charities, places of worship, hospitals, schools and charitable organisations that rely on foreign donations. He said that when a registration is cancelled or surrendered, foreign contributions and assets created from them already vest in a State Government authority, a provision in force since 2010.

Kwatra explained that the 2026 Bill adds a designated authority to safeguard those assets and provides a way back. If the organisation restores its registration, all assets and unused funds are returned in full.

He added that places of worship carry their own protection, as property connected to a place of worship would go to another FCRA‑registered association of the same faith to ensure continuity of worship.

Rather than restricting legitimate charitable activities, the Act provides a legal framework that enables genuine international cooperation while ensuring that foreign contributions are received, utilised and accounted for in keeping with the laws of the land.

The FCRA Bill, 2026 represents India’s attempt to balance national security and sovereignty with the need for foreign‑funded development work. While the government frames it as a transparency measure, critics see it as a tool for control.

–IANS

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