Justice Bechu Kurian Thomas found no material that two NGOs funded Vizhinjam protesters, and held that supporting peaceful protest is no ground to deny FCRA renewal.
The Kerala High Court has set aside the Central government's refusal to renew the Foreign Contribution (Regulation) Act, 2010 registrations of two NGOs, Kerala Social Service Forum and Save a Family Plan India. The refusals rested on claims that they financially supported protests against the Vizhinjam Port project. Justice Bechu Kurian Thomas delivered the judgement in two petitions filed by the NGOs (Bar & Bench; LiveLaw).
The Court found there was no material to show the organisations had funded the protesters. It added that even if financial support had been given to peaceful protesters, that could not by itself be treated as use of foreign funds for an undesirable purpose or against public interest under the FCRA (Bar & Bench; LiveLaw).
The Court said: "The term 'undesirable purpose' in Section 12(4)(a)(vi) of the FCRA cannot be interpreted to mean undesirable to the Government or undesirable to the political will." It also held that executive or administrative distaste for protests or dissents cannot convert the exercise of a constitutionally protected right into an 'undesirable purpose' (Bar & Bench).
Kerala Social Service Forum coordinates the social action initiatives of 32 Catholic Diocesan Social Service Societies in Kerala and had held an FCRA registration since 1985. Its 2021 renewal application was rejected in October 2023 under Sections 12(4)(a)(vi) and 12(4)(f)(iii), and its revision petitions were dismissed. The authorities relied on a central security agency report that claimed the forum had financially supported agitators at the Vizhinjam protests (Bar & Bench). LiveLaw identifies the agency as the Intelligence Bureau (LiveLaw).
Save a Family Plan India had also held registration since 1985, and its 2021 renewal application was rejected after the authorities sought clarification on transfers of its funds to other FCRA-registered NGOs (Bar & Bench). LiveLaw reports the allegation was that it transferred funds to Trivandrum Social Service Society, which allegedly diverted them to SAKHI and SEWA, which allegedly funded the protests (LiveLaw).
