Delhi High Court Seeks Centre’s Response On Oxfam India’s Plea Seeking Renewal Of FCRA Registration

The Delhi High Court on Monday sought Union government's response on Oxfam India’s plea seeking renewal of its registration under Foreign Contribution (Regulation) Act, 2010.

Justice Prathiba M Singh issued notice on a petition moved by the non-profit organization challenging an order passed by Ministry of Home Affairs rejecting its revision application. The Ministry affirmed its earlier order refusing to renew FCRA registration.

The Ministry of Home Affairs had rejected Oxfam India’s application for renewing FCRA registration on December 22, 2021. Later, the NGO moved High Court which directed Union of India to pass a reasoned speaking order on its revision petition. Pursuant thereto, MHA passed the impugned order on December 1, 2022, rejecting the revision application, thereby denying renewal of FCRA registration.

The court also sought Central Government’s response on Oxfam India’s application for staying the impugned order and listed the matter for hearing in April.

In the plea moved through Advocate Prabhsahay Kaur, Oxfam India has submitted that its application for renewal of FCRA was declined by merely indicating that it was “refused under section 16(1) read with section 12(4)(j)(iii) of FCRA, 2010.”

The plea submits that the “non-speaking and unreasoned cryptic denial or refusal” of FCRA registration was done after observing that acceptance of foreign contribution’s by the NGO “is likely to affect the public interest.”

The plea submits that the original decision of denial or refusing FCRA registration is based on a “bald conclusion” that the acceptance of foreign contribution by Oxfam India is likely to affect India’s public interest. 

It adds that there is no reasoning or material basis to show in what manner acceptance of such foreign contributions by the NGO can prejudice the country’s public interest.

“Moreover, the present is a gross case of violation of Principles of Natural Justice as no grounds mentioned in the Impugned Order were articulated in the original decision/order of rejection of renewal,” the plea adds.

Apart from challenging the impugned order, the plea also seeks a direction on the Union of India to permit the NGO to receive foreign contribution for the ongoing projects “that were committed to during the period when registration was valid and before renewal became due.”

Oxfam India has also sought permission to utilize its existing unutilized funds for ongoing public projects which were earmarked when FCRA registration was valid.

Title: Oxfam India v. Union of India