Why government has tightened FCRA rules, and put religious conversion in focus
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500+ questions on Polity with explanations
๐ Summary:
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The Union Home Ministry has tightened the foreign-funding framework for NGOs under the Foreign Contribution Regulation Act (FCRA) via two notifications revising penalties and registration rules, and explicitly keeping foreign money out of proselytising.
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Purpose + geography linkage: every FCRA registration must now specify both the purposes (chosen from a government Schedule of 105 permissible purposes) and the States/UTs where activities can be undertaken; existing NGOs get one year to indicate their retained purposes and areas, and any expansion needs fresh approval.
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The first notification also broadens the definition of "key functionary", restricts organisations with foreign nationals in key positions, sets a minimum utilisation requirement for renewal/cancellation, tightens release of fund instalments, and mandates wider disclosures (activity reports, social-media details, ultimate donors).
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The second notification revises compounding penalties for violations like excess administrative spending, speculative investment, diversion of funds, and use outside approved purposes/areas.
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Shift in approach: from a broad, programme-based framework (2011 Rules) to a prescriptive regime where activities are picked from an approved list and registration is tied to specific states โ significantly increasing government oversight.
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Proselytisation focus: the new Schedule repeatedly says "excluding proselytisation"; faith-based activities (religious education, theological study, gatherings) are allowed but conversion-oriented work is excluded. Backdrop: Article 25 guarantees the right to propagate religion, but the Supreme Court in Rev Stainislaus vs State of MP (1977) held it does not include a right to convert.
๐ฏ UPSC Relevance: GS2 โ regulation of NGOs and foreign funding; transparency vs civil-society space; Article 25 and the right to propagate religion.
๐ Prelims Facts:
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FCRA is administered by the Ministry of Home Affairs; the new Schedule lists 105 permissible purposes.
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Article 25 guarantees freedom to profess, practise and propagate religion.
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In Rev Stainislaus vs State of Madhya Pradesh (1977), the SC held the right to propagate does not include a right to convert.
๐ Key Term: FCRA โ the law regulating the acceptance and utilisation of foreign contributions by individuals and associations to ensure they do not harm national interest.
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