Skip to main content

Misusing laws against NGO: Fresh proof of Govt of India 'violating' human rights obligations

Counterview Desk 
Taking serious note of the findings of a high profile report on "anti-money laundering and counter-terrorist financing measures", the People's Union for Civil Liberties (PUCL) has said that the Government of India should especially take cognisance of the recommendations on risk of abuse faced by the non-profit sector for conducting its legitimate activities.
The PUCL suggests, the report, jointly prepared by three top international groups, is a grim reminder of the way the laws related with money laundering and sedition are being used against human rights defenders and civil society organisations with a view to "silence dissent, which has the effect of jeopardising crucial human rights work and also causing a chilling effect in society."

Text:

The People's Union for Civil Liberties (PUCL) expresses serious concern over the findings of the Mutual Evaluation Report released by Financial Action Task Force (FATF), Asia/Pacific Group on Money Laundering (APG) and the Eurasian Group on Combating Money Laundering and Financing of Terrorism (EAG) of September 2024, on the ‘Anti-money laundering and counter-terrorist financing measures’ in India, which holds India “partially compliant” on Recommendation 8 concerning non-profit organisations, on account of the risk of abuse faced by the non-profit sector in the country for conducting its legitimate activities.
PUCL reiterates its concern over the misuse of laws like Foreign Contribution (Regulation) Act (FCRA), Prevention of Money Laundering Act (PMLA) and Unlawful Activities (Prevention) Act (UAPA) and the laws of sedition against human rights defenders and civil society organisations with a view to silence dissent, which has the effect of jeopardising crucial human rights work and also causing a chilling effect in society.
PUCL demands that the government immediately review laws like FCRA, PMLA and UAPA and uphold the Supreme Court judgement on the law on sedition 124 (A) CrPC (which had suspended its implementation).  The PUCL also demands that sec. 152 of the BNS Act, which replaces the IPC has made the criminalisation of speech which is the essence of sedition even more wide ranging. Under the BNS,  even words which ‘encourage the feeling of separatist activity or ‘endanger  sovereignty, unity and integrity of India have been criminalised.  The above laws which through the process of periodic amendment  have been made more draconian over time. The abuse  of these laws against human rights defenders and civil society organisations has to be curbed.
FATF has released India’s Mutual Evaluation Report (MER) on 19th September 2024, which has found India “partially compliant” with its standards governing bot-profit organisations (NPOs / civil society organisations). India has been a member of the FATF, a Paris-based inter-governmental organization responsible for setting global standards to combat money laundering and terrorist financing, since 2010. India was also given a “partially compliant” status in its 2010 MER, as its legal and regulatory framework for NPOs was found lacking by FATF standards. Despite the passage of fourteen years, India appears to have made little to no progress in implementing FATF’s recommendations in correct spirit.
The recommendations in the current MER only confirm the apprehensions expressed by Indian civil society organisations, including PUCL on earlier occasions that laws and regulations ostensibly brought in by the Indian government to regulate organisations and control financing for terrorist activities, are actually being used to clamp down on, even stop, the vital work of civil society organisations, thereby jeopardising civil liberties and silencing human rights defenders. While holding India “partially compliant” under Recommendation 8 concerning non-profit organisations, some of the findings of the MER 2024 are:
  1. The measures, including laws and regulations which enhance scrutiny on the foreign contributions received by civil society organisations are not directed to solely mitigate terror-financing risks.
  2. These measures do not always specifically target the non-profit sector indulging in abuse for terror-financing, so that proportionate and effective action is taken to address the risks identified.
  3. While 7500 civil society organisations have been identified as high risk, India has not demonstrated that this is based on risk of terror-financing abuse. This enables punishing and dissolving of organisations without any connection to terrorist financing.
  4. Scope and purpose of the FATF-driven policy, Foreign Contribution Regulation Act (FCRA) is broader than the intended purpose of preventing terrorist-financing.[1] Monitoring and supervision under the regulations is in relation to all foreign funding and not high risk ones or high risk origin ones for terror-financing.
  5. Terror financing was not central to the 2020 amendments to the FCRA, which were implemented without adequate consultation with NPOs, impacting their activity and operating models. This resulted in NPOs not being able to use foreign funds through third-party implementers and negatively impacted implementing models of some NPOs.
  6. While authorities have been implementing the regulations, they have not been working with the civil society organisations to develop and refine best practices to address terror-financing risks and vulnerabilities to protect the non-profit sector from terror-financing abuse.
  7. India has several legislative mechanisms to address the risk of NPOs being used for terror-financing abuse, but the implementation and NPO outreach conducted by the authorities under these mechanisms is not coordinated or risk-based.
The MER 2024 accordingly acknowledges the overbroad and disproportionate nature of the existing laws regulating foreign contributions or which provide for the offence of terror-financing. The report also notes that the sanctions under the laws have been mostly imposed on the non-profit sector for non-terrorist financing related reasons. In fact, it holds India partially compliant on account of India’s supervision and monitoring not being based on terror-financing and the cooperative working with NPOs being found lacking.
The FATF’s conclusion that India is not fully compliant with its recommendation 8 standards in the MER 2024, only points to the need to prevent the misuse of FATF standards by the Indian government through laws such as FCRA against civil society organisations. PUCL has raised concerns on the draconian nature of the FCRA law, as amended from time to time, and also condemned the growing trend under the present regime of targeting civil society organisations on allegations of FCRA violations and the arbitrary refusal to extend license to receive funding from foreign sources. This has not only affected the functioning of civil society organisations in India but also adversely impacted important human rights interventions and advocacy work that they were involved in. The CBI has launched false and frivolous cases against acclaimed human rights organisations like Sabrang, Lawyers Collective and People’s Watch. Organisations such as Greenpeace and Amnesty International India were forced to stop their work in India following suspension and freezing of their FCRA accounts.
Legislations like the PMLA are basically designed to check financial fraud, usually committed by the corporate for-profit sectors. Agencies such as the ED which were set up for this purpose now investigate alleged 'money laundering' by civil society organisations. Clearly the PMLA is being used to target the opposition to the government be it political or emanating from civil society. 
The FCRA is being used to target and silence civil society organisations in violation of Article 19 of the Indian Constitution, which provides for freedom of speech and expression, freedom of association and assembly, and the freedom to work. The FCRA law also falls foul of the International Covenant on Civil and Political Rights (ICCPR) and the UN Declaration on Human Rights Defenders. 
7500 civil society organisations have been identified as high risk without any proof that this is based on risk of terror-financing abuse
It is pertinent to recall here that in June 2016, the UN Special Rapporteurs on Human Rights Defenders, Freedom of opinion and expression and Rights to Freedom of Peaceful Assembly and Association had issued a joint communication calling upon the Indian Government “to repeal the FCRA, which has been increasingly used to obstruct civil society’s access to foreign funding, and fails to comply with international human rights norms and standards”. 
Not only has that not been done till date, instead in 2020, even more onerous provisions were introduced in the FCRA adversely impacting the working of human rights organisations across the country. The International Commission of Jurists strongly criticised the 2020 amendment, noting that “the restrictions in the Bill continued a larger pattern of threats and harassment faced by civil society in India.”
Pursuant to the amendment, on 1st January 2022, the FCRA licenses of 12,580 organisations stood lapsed/ceased/rejected, leaving only 16,829 organisations with FCRA licenses. As of July, 2023, there were only 16,301 organisations with valid FCRA licenses. Meanwhile FCRA licenses of as many as 20,693 organisations have been reportedly cancelled in the last decade under the present regime. In the latest Universal Periodic Review of India adopted in March 2023, inspite of receiving several recommendations from member states to bring the FCRA law in consonance with India’s international legal obligations on the right to freedom of association, the Indian government did not accept the same. Earlier this year, FCRA licenses of organisations such as CNI Synodical Board of Social Service, Voluntary Health Association of India, Indo-Global Social Service Society, Church's Auxiliary for Social Action, and Evangelical Fellowship of India were cancelled. In a latest move, FCRA license of Centre for Financial Accountability, an important think tank working on development, human rights and environment has been cancelled in July 2024.
It is important to mention here that FATF measures have also resulted in the introduction of stringent provisions within the Unlawful Activities Prevention Act, 1967 (UAPA)  and Prevention of Money Laundering Act, 2002 (PMLA), which have been increasingly misused. However, the FATF has not only failed to prevent the risk of such misuse, but has not even acknowledged the misuse in the MER and made any recommendations to address the same.
PUCL states that FATF’s MER 2024 report confirms that it is pertinent to urgently bring about legal reforms and roll back controversial FCRA provisions, particularly the 2020 amendments, which have significantly hampered the operations of human rights organisations. PUCL calls upon the government to stop using the draconian FCRA to criminalise, vilify, silence and stop the work of civil society organisations in the country.
PUCL reiterates its demand for the repeal of the anti-terror law UAPA and for reform of the PMLA, which contains some of the most draconian provisions, so as to prevent misuse of the laws against civil society organisations and activists, and to help achieve the intended outcome of FATF standards i.e. effectively preventing money laundering and terrorist financing risks.
PUCL also notes with concern and condemns the action of the Government against non-FCRA based organisations, especially voluntary organisations, social movements, and others, by forcibly closing their bank accounts using administrative measures like KYC-procedures thereby violating their fundamental right of association and participation in legal, democratic activities.
PUCL urgently calls upon the government to stop targeting human rights defenders and imposing sanctions on civil society organisations using the legal machinery, thereby hindering crucial human rights work. The government must ensure laws passed are consistent with the international obligations concerning human rights and fundamental freedoms. PUCL advocates for a law to protect human rights defenders to enable them to carry on their work of promoting and protecting human rights for all.
-- Kavita Srivastava, President; V. Suresh, General Secretary, PUCL

Comments

TRENDING

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas*  November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.  

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya. 

Green Revolution’s reliance on chemical fertilizers, pesticides contributing to Punjab's health crisis

By Bharat Dogra, Jagmohan Singh*  Punjab was once synonymous with robust health, particularly in its rural areas, where farmers were known for their strength and vitality. However, in recent years, reports from these villages tell a different story, with rising cases of serious health issues, including cancer. What led to this decline? The answer lies largely in the erosion of good nutrition, once a hallmark of Punjabi village life. The health of a population is closely tied to its nutrition, and Punjab's reputation as a provider of high-quality nutrition has suffered greatly. The loss of biodiversity in agriculture has led to a decrease in the variety and quality of crops, resulting in poorer nutrition. Pulses, a key source of protein, have seen a steep decline in cultivation due to the disruption of traditional farming practices by the Green Revolution. This has had a detrimental effect on both soil and human health. Although pulses are still available in the market, they are exp

Tributes paid to pioneer of Naxalism in Punjab, who 'dodged' police for 60 yrs

By Harsh Thakor*  Jagjit Singh Sohal, known as Comrade Sharma, a pioneer of Naxalism in Punjab, passed away on October 20 at the age of 96. Committed to the Naxalite cause and a prominent Maoist leader, Sohal, who succeeded Charu Majumdar, played hide and seek with the police for almost six decades. He was cremated in Patiala.