Looks like we changed the FCRA law. It was brought hurriedly to maybe comply with FATF in the last decade. We single-handedly (not finding any other NGO partners) challenged it in 2011 in Delhi High Court - lost but appealed in Supreme Court of India.
Today we WON.
All
protests + struggles by foreign funded-NGOs are legal and now allowed.
This will benefit every NGO - major victory for the sector.
The judgement also leaves an avenue for democratic reform groups to challenge the existing foreign funding of political parties (inserted by a Money Bill).INSAF V/s. UoI
Supreme Court of India (6 March 2020)
Judgement by Justice L. NAGESWARA RAO & Justice DEEPAK GUPTA
Summary
"Any organisation which habitually engages itself in or employs common methods of political action like 'bandh' or 'hartal', 'rasta roko', 'rail roko' or 'jail bharo' in support of public causes can also be declared as an organisation of political nature, according to the guideline prescribed in Rule 3 (vi).
Support to public causes by resorting to legitimate means of dissent like bandh, hartal etc. cannot deprive an organisation of its legitimate right of receiving foreign contribution.
It is clear from the provision itself that bandh, hartal, rasta roko etc., are treated as common methods of political action.
Any organisation which supports the cause of a group of citizens agitating for their rights without a political goal or objective cannot be penalized by being declared as an organisation of a political nature.
To save this provision from being declared as unconstitutional, we hold that it is only those organisations which have connection with active politics or take part in party politics, that are covered by Rule 3 (vi).
To make it clear, such of those organisations which are not involved in active politics or party politics do not fall within the purview of Rule 3 (vi).
We make it clear that organisations used for channeling foreign funds by political parties cannot escape the rigour of the Act provided there is concrete material.
In that event, the Central Government shall follow the procedure prescribed in the Act and Rules strictly before depriving such organisation the right to receive foreign contributions."
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Some media reports:
https://www.barandbench.com/
https://www.livelaw.in/top-stories/fcra-no-ban-on-organisations-supporting-public-causes-without-political-affiliations-foreign-contributions-153554
https://www.livelaw.in/top-stories/fcra-no-ban-on-organisations-supporting-public-causes-without-political-affiliations-foreign-contributions-153554
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