It was a normal day for Malika Shah, a social worker working in Bal Raksha Bharat. She woke up with the feeling of doing something for the children, motivating herself by saying that nothing can stop her and her team from doing good. As she exited the house, her neighbors stared at her and called her anti-national.
“It was a moment when I felt that no matter how much good you do for society, the current government’s poison-filled in people’s minds will surely overpower you. There is no antidote to this poison,” she said.
She narrated the incident that took place after the Foreign Contribution Regulation Act (FCRA) of the Bal Raksha organization was cancelled. Malika never had similar opinions to her neighbors and she is always against extremism.
“In today’s society, if you are not a Hindu extremist, then you are labelled as anti-national. The cancellation of FCRA has given society one more reason to brand me as anti-national. People fail to realize that foreign funding does not automatically mean using funds to become anti-national or promote terrorism in society. I find it challenging to appreciate the current government’s tactics and ideas, which seem unbeatable and unassailable” said Malika Shah
The concept of non-governmental organizations (NGOs) has a long history in India. One of the earliest and most well-known NGOs in India is the Servants of India Society, founded by Gopal Krishna Gokhale in 1905. Gokhale, a prominent leader in the Indian independence movement, established the Servants of India Society to promote the idea of public service and work towards social and economic upliftment.
The motives behind the establishment of NGOs in India have varied over time and across different organizations. The role of NGOs is to focus on social issues, such as protecting the interests of marginalized communities and advocating for human rights. Some NGOs work at the grassroots level, while others have a national and international reach. NGOs play a crucial role in bridging gaps in society that the government and other entities cannot fill. India is home to nearly 3.4 million non-governmental organizations, working in a variety of fields.
India has historically had an adversarial relationship with the nonprofit sector. In recent decades, the country has proven to be a challenging environment for numerous organizations, particularly those working to empower people against unjust government policies, challenge structural discrimination, and advocate for the rights of Dalits, tribal people, and other marginalized groups.
“I have been working as a social activist for 40 years. Being targeted by the government is not a new experience, but since 2014, the attacks have intensified. Before 2014, the government did not directly target NGOs; it was always the members of VHP,” said Shabnam Hashmi, a social activist with the Unhad organization.
The most stringent effort to curb the activities of non-governmental organizations (NGOs) occurred in 2010 with amendments to the Foreign Contribution Regulation Act (FCRA) during the tenure of the Congress government. Originally enacted in 1976 by the Congress government, the FCRA aimed to prohibit the utilization of foreign funding in political activities to prevent foreign interference in domestic politics.
However, the amendments in 2010 extended the prohibition to “any organization of a political nature,” leading to a broad and ambiguous definition that allowed the government to scrutinize NGOs advocating for improved government accountability regarding their funding sources.
“There was a time when working in an NGO was seen by society with kindness; it gave you pride. Now, the moment society gets to know that you are working with an NGO, all they say is ‘anti-national’ or ‘corrupt.’ And this is how the extremist government has infiltrated the definition of NGO in the minds of the majority of people,” said Malika Shah.
In 2012, congress took a tough stance against NGOs protesting the Kudankulum nuclear power project, disregarding the fact that these NGOs were voicing concerns related to people’s safety and environmental issues. The government publicly criticized these NGOs, alleging that some were funded by the United States and Scandinavian countries and were against the development of India. Consequently, three NGOs lost their license.
Shortly after May 2014, a leaked report from India’s Intelligence Bureau implicated NGOs like Greenpeace, Cordaid, Amnesty, and Action Aid, alleging that they were causing a 2-3% annual reduction in India’s GDP. This report played a role in legitimizing the current government’s subsequent actions against these NGOs.
An Intelligence Bureau (IB) report said that several foreign-funded NGOs were having a “negative impact on economic development.” The report highlighted that international organizations had previously chosen issues such as caste discrimination, human rights, and big dams to “discredit India” on the global stage. However, the focus had shifted to “growth-retarding campaigns,” specifically targeting extractive industries, genetically modified organisms and foods, climate change, and anti-nuclear issues.
Shabnam Hashmi expressed, “NGOs contribute to a nation in diverse ways, ranging from raising awareness about religious polarization and sex education to delivering healthcare and other essential social services. Their value extends beyond mere monetary metrics. However, there seems to be a lack of data regarding their direct economic impact on India’s gross domestic product (GDP).”
In 2015, Greenpeace staff member Priya Pillai faced an incident where she was prevented from boarding a flight to the UK, where she was scheduled to attend a meeting addressing concerns about the allocation of coal exploration licenses and its potential impact on tribal communities.
In 2018, several activists from human rights NGOs were arrested and accused of being associated with Maoists and working against the state. Among them was Sudha Bhardwaj, the general secretary of the Chhattisgarh People’s Union for Civil Liberties, who had dedicated decades to empowering disadvantaged and voiceless groups in the tribal areas of Chhattisgarh.
“It’s not just the organizations; it’s us social workers too who are being targeted by the government. We can’t even question the reasons why FCRA is being revoked or licenses are being cancelled. The moment we question, we might end up behind bars under UAPA. Look at what happened with Sudha Bharadwaj,” said Shabnam Hashmi.
Mudita Srivastava, a volunteer at Muskan Foundation, stated, “By restricting NGO access to foreign funds meant for the NGO sector, the Indian Government is using the FCRA selectively to silence critical voices.”
In 2020, the government introduced amendments to the Foreign Contribution (Regulation) Act, commonly known as FCRA. This legislation mandates that civil society organizations must register for a license to legally receive foreign funds. The amendments imposed heightened restrictions on fund utilization and prohibited the transfer of foreign funds between organizations. This had a significant impact on the funding of numerous smaller or rural nonprofits that depend on grants from larger organizations to sustain their operations.
“Before the amendments, larger NGOs would attract funds from international donors and pass them on to smaller NGOs that lacked fundraising resources. With subgranting now banned, many smaller NGOs are suddenly left without funds and have been forced to shut down,” said Manju Tiwari, a social activist working at Muskan Foundation.
Several well-known NGOs, including Amnesty International, Lawyers Collective, Greenpeace India, People’s Watch, Compassion International, and the Public Health Foundation of India, have encountered challenges and government scrutiny due to the FCRA law.
“Accepting foreign funds is not a crime. How can any organization work without money? If this government has so much of a problem with foreign funding, then why not fund the NGOs themselves? First, they are not capable of financially helping the society, and then, to hide their misdeeds, they are cancelling FCRA. Even their party can’t run without funds; then how can an organization run?” said Manju Tiwari.
Government data reveals that over 20,000 Indian NGOs have lost their foreign funding licenses since 2011. The recent round of penal actions affected organizations such as Oxfam India, the Tuberculosis Association of India, the Ramakrishna Mission, and the Missionaries of Charity, founded by the late Mother Teresa, among many others. Amnesty India was compelled to cease its operations in September 2020 after the government unexpectedly froze its accounts. This action occurred shortly after the organization raised concerns about alleged human rights violations by police personnel during the Delhi Riots.
“The crackdown on NGOs is not only affecting society but also social workers. Many have lost their jobs. What about them? In a nation where there is already unemployment, this government is adding to the numbers of the unemployed by shutting down NGOs,” says Vineeta Verma, a social worker working at Smile Foundation.
“Society never questions why only those NGOs and activists are targeted who are working for the environment, tribal and caste upliftment, women and child development, village development, and healthcare fields. I have been working for 9 years on personal donations. This government has objections to foreign funding that NGOs receive, even though they themselves take loans from other countries. It’s time to worry about what will happen if this government comes back in 2024,” says Shabnam Hashmi.
Until now at least 20,693 NGOs have had their licenses canceled.
Several organizations that no longer hold an FCRA registration are the Hamdard Education Society, Indian Institute of Technology (Hauz Khas), Indira Gandhi National Centre for Arts (IGNCA), Indian Institute of Public Administration (IIPA), National Foundation for Communal Harmony (NFCH), Delhi College of Engineering, Goa Football Association, Press Institute of India, The Lepra India Trust and Indian Institute of Management (Calcutta), Medical Council of India, Emmanuel Hospital Association, which runs over a dozen hospitals across India, Tuberculosis Association of India. These are just a few names, there are many more in the list.
“The current government’s witch-hunting is still on. More NGOs and people are going to be targeted. What’s common among every organization being targeted is that they are critical of the government. They question its policies and show ground realities. If you bow before the government and don’t do any good for society, then you are safe,” said Shabnam Hashmi.
Adding to the comment, she said, “All anyone can do now is depend on local donations, but even then, the risk is not completely gone. No matter if there is no proof against you, the government will put you behind bars under UAPA. All I can say to the young generation is that if you want to work for a social cause, be brave enough and ready to be attacked by this government.”