Thiruvananthapuram, March 31 The proposed amendments to the Foreign Contribution (Regulation) Act (FCRA), have triggered a sharp political divide, with Congress MP Manish Tewari terming them an encroachment on fundamental rights, and Union Minister George Kurien defending the changes as progressive and legally sound.
Addressing the media in Thiruvananthapuram, Manish Tewari who has arrived for the election campaign in Kerala, said the amendments go beyond minority-majority considerations and strike at the core of rights guaranteed by the Constitution of India.
He described the provisions as “harsh and authoritarian,” alleging that they violate key constitutional guarantees, including equality before law and personal liberty.
He argued that the Bill, in its present form, is fundamentally flawed and should either be withdrawn or referred to a Joint Parliamentary Committee or Select Committee for wider consultation and scrutiny.
Responding to the criticism, Kurien said the amendments introduce constructive changes and provide sufficient legal safeguards.
Kurien went on to point that there is ample scope to challenge decisions in court and pursue appeals, which effectively strengthens procedural fairness under the FCRA framework.
“Those opposing the amendments should consider that such an opportunity may not arise again,” he said.
Kurien dismissed concerns that the law would enable government takeover of religious institutions, calling such fears misleading.
He clarified that provisions allowing government intervention in cases of non-functioning entities already exist in the current law.
“This is a policy shift with a positive approach,” he said.
He further noted that entities whose FCRA registrations are suspended or cancelled can approach courts for relief.
Citing examples, he said FCRA restrictions have been applied in various cases irrespective of affiliation, including instances involving religious figures and organisations.
Kurien added that concerns raised in Kerala have been conveyed to the BJP central leadership and that the issue is likely to be discussed in Parliament.
With both sides holding firm, the FCRA amendments are set to remain a contentious issue in the political and legal arena and could even play spoilsport to the aspirations of the Kerala BJP in the April 9 Assembly polls as the issue has snowballed into a major political flashpoint in the state, with Church leaders and the Congress raising strong objections, even as the Centre firmly rejected allegations of targeting minorities.
Supreme head of the Orthodox Church, Baselios Marthoma Mathews III Catholicos, led the criticism from the Christian community, warning that the amendments could "suffocate" the functioning of churches, disrupt long-standing social service and impose severe constraints on institutions engaged in education, healthcare, and charity.
He revealed that three accounts of the Church had already been blocked, with no clear explanation and despite raising the matter with Prime Minister Narendra Modi, no resolution had been forthcoming till now.
Echoing similar concerns, leaders from other Christian denominations, including the Syro-Malabar Church, cautioned that the proposed provisions, particularly those allowing the Centre to take over assets if licences are not renewed, could severely undermine charitable institutions built over decades.
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