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Members of both the Democratic and Republican parties on Capitol Hill have begun voicing increasing criticism of proposed changes to India’s Foreign Contribution Regulation Act (FCRA) which they believe could adversely impact civil society groups — including Christian organisations — by preventing access to foreign funds and having their assets seized. Senator James Risch, who heads the influential Senate Foreign Relations Committee, has termed the proposed amendments “deeply concerning” in a statement to HT. Members of the Democratic Party, speaking to HT anonymously, have also raised concerns about the amendment’s effect on civil society.
“India’s Foreign Contribution Regulation Act imposes onerous and opaque constraints on non-governmental organizations and groups that receive foreign funding, making their daily operations nearly impossible. Any efforts to use FCRA as an excuse to expand persecution or harassment of U.S.-linked Christian ministries by seizing their funds or property would be deeply concerning,” Senator Risch told HT in response to a query.
“President Trump has made protecting Americans and promoting religious freedom a priority for his administration, and the U.S. will not hesitate to call out countries who violate the internationally recognized human rights of Christians and other religious groups around the world,” added Risch, who has represented the state of Idaho in the US Senate since 2009.
Members of the Democratic party, currently in opposition, also raised concern about the proposed amendments.
“On a bipartisan basis, Congress has raised concerns about the potential impact the Foreign Contribution (Regulation) Act could have on civil society. A significant expansion, particularly granting authorities sweeping power to seize the assets of organizations that lose their FCRA licenses, would raise serious questions. Our shared democratic principles and strong people-to-people ties are key elements of the U.S.-India partnership, and both are supported by a vibrant civil society,” one Democratic party congressional aide told HT.
People on Capitol Hill told HT that a number of elected representatives have begun raising the issue privately while seeking more details. For their part, Indian diplomats have stressed that the proposed amendments will not have an undue impact on legal and legitimate organisations received foreign funds in India.
These growing concerns on Capitol Hill come after a persistent campaign by US-based Christian groups related to the amendment bill to the 2020 Foreign Contributions Regulation Act, which was introduced in the Lok Sabha in March . Under the original act, the Indian government may cancel the FCRA license of a particular entity and vest its assets of the entity and the foreign contribution with a specified authority. The bill adds greater specificity to the management of such foreign contributions and assets created from it. In cases where FCRA licenses are not renewed, the foreign contribution and assets of an entity will vest “provisionally” with a “Designated Authority” notified by the Central government. The authority may use the foreign contributions to manage the assets of the entity in question. In case a fresh registration cannot be secured by a person or entity within a prescribed period, the assets and foreign contributions will rest permanently with the authority, which is required to use it for public purposes. The assets may, for example, be transferred to ministries and agencies of the central, state or local governments, according to an analysis by PRS Legislative Research.
Both Muslim and Christian groups have raised concerns about the proposed amendments. The Catholic Bishops’ Conference of India has warned of the stringency of proposed regulations, which it says could lead to excessive interference in the operations of minority institutions. CBCI termed the amendments “dangerous” and “alarming”. These concerns have found resonance with US-based Christian groups, which have raised the issue in the press and on Capitol Hill with elected representatives.
Their efforts have met with some success. Last month, Congressman Chris Smith published an Op-ed prior to Secretary of State Marco Rubio’s visit to India urging the latter to persuade the Indian government to do away with the proposed amendments.
“Creating this partnership will be a delicate task — we must have true respect for each other’s cultures and be genuinely willing to learn from each other. Yet, it is difficult to see how that relationship can develop if the government of India passes legislation designed to set up the expropriation of Indian Christians,” Smith wrote in the Washington Examiner.
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