Many Child Care Institutions Misusing Foreign Contributions : NCPCR Tells Supreme Court

The National Commission for Protection of Child Rights ("NCPCR") has told the Supreme Court that NGOs having FCRA registration receive foreign funds and further give the same to other NGOs, which don't have FCRA registration.

To bring on record the work done by NCPCR to stop the misuse of foreign funds by various NGO's, the Apex Child Rights Body has filed an affidavit in the writ petition Vinay Vinayak Joshi v. Union of India which had challenged the Ministry of Home Affairs, Government of India Notification dated May 18, 2021 that extends the date for compliance of the specific provisions of the Foreign Contribution Regulation (Amendment) Act, 2020.

Filed through Advocate Swarupama Chaturvedi, NCPCR has submitted that there are some NGOs, where violations of statutory provisions have been found. The Supreme Court has reserved judgment in a petition challenging the FCRA amendments.

To substantiate their contention that NCPCR is continuously inspecting Child Care institutions etc, and taking various steps against NGOs, who are in violation of provisions of law, NCPCR in its affidavit has provided details of the following incidents:

A. NGO Centre for Equity Studies

NCPCR in its affidavit with regards to the NGO, "Centre for Equity Studies" has submitted that the NGO has FCRA registration and receives foreign funding and further gives fund to NGO namely, Rainbow Foundation India which does not have FCRA registration but runs Child Care Institutions ("CCI") in various cities of India.

Highlighting the aspect that during inspections on its CCI's in Delhi, NCPCR found non compliance of mandatory provisions of the Juvenile Justice Act ("JJ Act") as well as information regarding incidences of offence under POCSO Act, the apex child rights body has submitted that,

"Rainbow Foundation India has informed that Ummeed Aman Ghar in Delhi is jointly managed and funded by the NGOs Centre for Equity Studies and Rainbow Foundation India. FIR No. 92 of 2021 got registered by Delhi Police against this institution. Further, an FIR by the Economic Offences Wing, Delhi Police also registered FIR under Section 406, 409, 420 and 120B IPC against Centre for Equity Studies and others."

B. Child Care Institutions Running Under Rainbow Homes Program

Apex Child Rights body in its affidavit has submitted that it had conducted inspection of three CCI's in Chennai running under the Rainbow Homes Program. In this regards it has further submitted that pursuant to inspection reports, the body was informed by Chennai Police that 2 FIR's have been registered against Rainbow Home and Arun Home, Kosapet, Chennai u/s 42 and 75 of JJ Act, 2015 r/w Section 491 IPC.

C. 5 Children Homes In Assam And 1 In Manipur Under Aegis Of Markaz-ul-Maarif

NCPCR in this regards has submitted that the children in these homes were not produced before the Child Welfare Committees and were living in these Homes without the orders of the Child Welfare Committees. Arguing that 3 homes were running without registration u/s 41 of the JJ Act which is punishable u/s 42 of the JJ Act, 2015, NCPCR submitted that, these Homes are receiving funds from multiple sources including foreign funds and Government grants.

D. Markaz Darul Yatama Home, Dhubri

NCPCR with regards to inspection in Markaz Darul Yatama Home, Dhubri observed that the team had found receipt of funds since 2016 from an International Organisation, IHH which is a Turkey based organisation for a project named AKIKA.

"As per available information in public domain, the IHH had been interrogated by the Turkish Law Officers for their alleged links with international organizations which prima facie points towards suspicious activities of this NGO. There is apprehension on the basis of some documents received by NCPCR during the inspection that details of children could be shared by the CC with international organizations. FIR has been registered against the above-mentioned CCI, i.c., Markaz. Darul Yatama, Dhubri under Section 120(B)/490/491 IPC and Section 42/75/82 of JJ Act. 2015 and also the FIR has been registered against Markaz Darul Yatama for Boys, Hojai (CCI) under Section 491 IPC read with Sec 42/75/82 of JJ Act, 2015," NCPCR has stated in their affidavit.

E. NGO Don Bosco

NCPCR in this regard has submitted that on inspection by the child rights body of CCI's it was observed that this NGO was running institutions without registration under JJ Act, 2015 which is an illegal act amounting to imprisonment and fine and/or both. It has also been submitted that FIR has been registered against two institutions Jyoti Snehalaya and Ila Snehalaya u/s 420 IPC r/w 42 of JJ Act, 2015.

F. Asha Deep Foundation

With regards to the inspection conducted in the CCI's run by Asha Deep Foundation, NCPCR has submitted that it found Bibles in Children's room/lockers and around 26 Bibles were retrieved from the children belonging to Hindu & Muslim community.

"On inquiry, NGO officials failed to show the consent of the family members of the children for imparting such religious education. This prima facie indicated forceful religious conversion of children which is violation of Art 28(3) of the Constitution of India and therefore the FIR under Section 295-A of IPC has been registered against Asha Deep Foundation by Uttar Pradesh Police in Sahibabad, Ghaziabad," NCPCR has further stated in this regards.

G. Nalogonda Diocese Society

NCPCR in this regard has submitted that it has received serious allegations of the Society indulging in forceful religious conversion of minors staying in this society's run homes and orphanages.

Case Title: Vinay Vinayak Joshi v. Union of India