The Nagaland Legislative Assembly on Tuesday voiced concern over the proposed amendments to the Foreign Contribution (Regulation) Act, 2010, with members warning of possible implications for churches, charitable institutions and civil society organisations engaged in education, healthcare, social welfare and humanitarian work in the State.
Taking up the matter of urgent public importance under Rule 50 during the Ninth Session of the 14th Nagaland Legislative Assembly, members highlighted concerns over the proposed regulatory framework, including FCRA registration renewal, compliance requirements and provisions relating to assets created wholly or partly through foreign contributions.
Initiating the discussion, Advisor for SCERT and Food Processing Achumbemo Kikon said the proposed amendments could lead to stringent regulatory measures, cancellation of registrations and possible government control over assets created through foreign contributions.
Kikon said churches and church-affiliated organisations had historically played a significant role in education, healthcare, social welfare, poverty alleviation and community development in Nagaland.
He referred to concerns raised by the Nagaland Baptist Church Council, the North East India Christian Council and other church bodies, particularly over renewal of FCRA registrations and the proposed powers of the designated authority.
Kikon urged the Centre to ensure natural justice, due process and adequate opportunity for organisations to present their views, and called for a broad-based consultation involving State governments, churches, civil society organisations and development agencies before finalising the proposed amendments.
He also called for careful constitutional scrutiny of the proposed legislation in view of Article 371A, particularly its provisions relating to religious and social practices in Nagaland.
Participating in the discussion, Advisor Temjenmenba acknowledged the need for regulation of foreign contributions but stressed that transparency, accountability and national security should be balanced with protection for genuine charitable and developmental organisations.
He highlighted the role of churches and Christian organisations in Nagaland for more than 150 years, particularly in areas where modern government institutions had yet to reach, saying they had contributed substantially to education, healthcare and social welfare.
MLA Y Mankhao Konyak raised concerns over provisions dealing with the supervision, management and disposal of assets where an NGO fails to renew its FCRA certificate.
Konyak said the proposed framework could particularly affect faith-based and charitable organisations working in education, healthcare, disaster relief and poverty alleviation. He also expressed concern over the absence of a clearly defined and transparent renewal procedure and the lack of an adequate opportunity for organisations that fail to renew their certificates within the prescribed period.
He called for a simple, affordable, transparent and clearly defined renewal mechanism.
MLA Kudecho Khamo said the proposed amendments could impose additional regulatory burdens on churches, charitable institutions and civil society organisations, particularly smaller organisations involved in humanitarian, educational, healthcare and community-development activities.
While acknowledging the Government’s objectives of transparency, financial accountability and national security, Khamo urged that the legitimate contributions and interests of churches and charitable organisations be protected and called for continued consultation with stakeholders.
MLA P. Longon also participated in the discussion.
Concluding the discussion, Chief Minister Neiphiu Rio said the proposed amendments had generated widespread concern among various sections of society, particularly the Christian community in Nagaland.
Rio said church organisations had approached him with concerns that the proposed legislation, in its present form, could adversely affect minority institutions, charitable organisations and the State’s long-standing tradition of voluntary and humanitarian service.
He said he had subsequently written to the Union Home Minister conveying the concerns raised during consultations with Christian leaders, including representatives of the Nagaland Baptist Church Council, the Catholic Church and other church organisations.
Rio also welcomed the decision to refer the Bill to a Joint Parliamentary Committee, saying the move would allow its provisions to be examined comprehensively and provide an opportunity for concerned stakeholders to be heard.
He urged that FCRA registration and renewal cases be examined objectively and individually and that genuine charitable, educational, healthcare and social institutions should not be adversely affected by broad or generalised assessments.
Rio acknowledged the need for transparency, accountability and compliance in regulating foreign contributions, but said such requirements should not place genuine organisations serving vulnerable and economically disadvantaged communities under undue uncertainty. (With DIPR inputs)