Skip to main content

CBI raid: Alleging political vendetta, Setalvad asserts Section 4 of FCRA "allows" foreign contribution for NGO advocacy

By Our Representative
Close on heels of the CBI raid on the official premises of Sabrang Communications and Publishing Pvt Ltd, top human rights defender Teesta Setalvad has declared that the organization she and her husband, Javed Anand head "has broken no law", qualifying the raid "political vendetta". In a statement circulated through South Asia Citizens Web, Setalvad has quoted Foreign Contribution Regulation Act (FCRA), 2010, to prove her point.
Setalvad says, Section 3 of FCRA, 2010, which is being cited to suggest that she has violated law, actually bars "political parties and its office bearers, government servants and those associated with registered newspapers and those involved in the production and broadcast of news from receiving foreign donations."
Indicating that Sabrang Communications was registered keeping in view Section 4 of the FCRA, Setalvad said, this section applies to "persons to whom section 3 shall not apply".
Section 4 states states: "Nothing contained in section 3 shall apply to the acceptance, by any person specified 3 in that section, of any foreign contribution where such contribution is accepted by him, subject to the provisions of section 10- (a) by way of salary, wages or other remuneration due to him or to any group of persons working under him, from any foreign source or by way of payment in the ordinary course of business transacted in India by such foreign source."
Setalvad said, "Sabrang, which published the monthly ’Communalism Combat’ signed a Consultancy Agreement with Ford Foundation in 2004 and 2006 'to address the issues of caste and communalism' through a clearly defined set of activities", and these activities had "nothing whatsoever to do with 'Communalism Combat' or remuneration to Javed Anand or Teesta Setalvad towards discharging editorial/managerial functions".
Setalvad said, deliberately or otherwise, officials are confusing political lobbying of the that takes place in the US "with advocacy initiatives whereby NGOs engage with the government", in which "attention is drawn towards the legitimate issues of women, children, Dalits, religious or linguistic or sexual minorities, differently-abled persons etc." 
Setalvad insisted, "The consultancy was signed by Sabrang only after advice from eminent legal counsel that such an agreement was covered under the exclusion stipulated under Section 4 of the Act and therefore the consultancy fees (not grant or donation) received would not be in violation of FCRA, 2010."
She added, "Ford Foundation in fact deducted TDS with every installment of consultancy fees it paid to Sabrang. The activities undertaken and the expenses incurred were in accordance with the agreement. Activities and Financial Reports were submitted annually to the satisfaction of Ford Foundation."
Pointing out that CBI was "misreporting its search of her house and office premises on July 14, 2015, Setalvad said, even when the CBI search was, its "Delhi spokesperson is misleading the public and our vast supporters by a series of misinformations and officials tweets."
Setalvad underlined, "This is a continuation of the persecution and witchhunt first launched by the Gujarat police in 2014, then under the dispensation that rules Delhi. The CBI has taken the same documents that we had voluntarily on inspection given the MHA (FCRA department)."
She added, "Over 25,000 pages of documentary evidence has been given to the Gujarat Police. When they could not succeed with the bizarre and desperate attempts to gain custody (February 2015), it was the Gujarat government home department that wrote to the MHA and the current round of the persecutions began."
Calling it "shameful political vendetta", Setalvad said, this was planned, because "the Zakia Jafri case begins its final hearings on July 27, 2015" and "the Naroda Patiya appeals (Kodnani and Bajrangi) are being heard in the Gujujarat high Court on July 15. This is nothing but a bid to subvert the cause of public justice and ensure that no justice happens in these cases."
According to Setalvad, this search is nothing but an attempt to divert attention from scams like Vyapam, in which over 50 persons have died, and the death of witnesses in Asaram Bapu case. She said, "CBI is not appealing in critical cases related to crimes by politicians; the agency is being unleashed on human rights defenders standing up for the rights of survivors of mass violence." 

Comments

TRENDING

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar*  Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

Kerala government data implicates the Covid vaccines for excess deaths

By Bhaskaran Raman*  On 03 Dec 2024, Mr Unnikrishnan of the Indian Express had written an article titled: “Kerala govt data busts vaccine death myth; no rise in mortality post-Covid”. It claims “no significant change in the death rate in the 35-44 age group between 2019 and 2023”. However, the claim is obviously wrong, even to a casual observer, as per the same data which the article presents, as explained below.

PM-JUGA: Support to states and gram sabhas for the FRA implementation and preparation and execution of CFR management plan

By Dr. Manohar Chauhan*  (Over the period, under 275(1), Ministry of Tribal Affairs has provided fund to the states for FRA implementation. Besides, some states like Odisha, Chhattisgarh and Maharashtra allocated special fund for FRA implementation. Now PM-JUDA under “Dharti Aaba Janjatiya Gram Utkarsh Abhiyan(DAJGUA) lunched by Prime Minister on 2nd October 2024 will not only be the major source of funding from MoTA to the States/UTs, but also will be the major support to the Gram sabha for the preparation and execution of CFR management Plan).

Operation Kagar represents Indian state's intensified attempt to extinguish Maoism: Resistance continues

By Harsh Thakor Operation Kagar represents the Indian state's intensified attempt to extinguish Maoism, which claims to embody the struggles and aspirations of Adivasis. Criminalized by the state, the Maoists have been portrayed as a threat, with Operation Kagar deploying strategies that jeopardize their activities. This operation weaves together economic, cultural, and political motives, allegedly with drone attacks on Adivasi homes.

How Amit Shah's statement on Ambedkar reflects frustration of those uncomfortable with Dalit assertion, empowerment

By Vidya Bhushan Rawat*  Dr. B.R. Ambedkar remains the liberator and emancipator of India’s oppressed communities. However, attempts to box him between two Brahmanical political parties betray a superficial and self-serving understanding of his legacy. The statement by Union Home Minister Amit Shah in the Rajya Sabha was highly objectionable, reflecting the frustration of those uncomfortable with Dalit assertion and empowerment.

This book delves deep into Maoism's historical, social, and political dimensions in India

By Harsh Thakor*  "Storming the Gates of Heaven" by Amit Bhattacharya is a comprehensive study of the Indian Maoist movement. Bhattacharya examines the movement's evolution, drawing from numerous sources and showcasing his unwavering support for Charu Mazumdar's path and practice. The book, published in 2016, delves deeply into the movement's historical, social, and political dimensions.

Ideological assault on dargah of Sufi Saint Khwaja Moinuddin Chishti will disturb pluralistic legacy: Modi told

Counterview Desk Letter to the Prime Minister about "a matter of the utmost concern affecting our country's social fabric": *** We are a group of independent citizens who over the past few years have made efforts to improve the deteriorating communal relations in the country. It is abundantly clear that over the last decade relations between communities, particularly Hindus and Muslims, and to an extent Christians are extremely strained leaving these latter two communities in extreme anxiety and insecurity.

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee  Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”