The Ministry of Home Affairs has told the Delhi High Court that NGO Oxfam India was found to be involved in “a negative and malicious campaign against the Assam tea industry”, was a “probable instrument of foreign policy”, and was “funding and mobilising communities against the coal industry” in a purported bid at “destabilising core industries” to the detriment of “national economic interest”.
Alleging that following inquiries conducted by Central security agencies and the Central Board of Direct Taxes, Oxfam India was found violating provisions and objectives of the Foreign Contribution (Regulation) Act (FCRA) and purportedly indulging in “activities detrimental to the national economic interest” by entering into an “agreement with another association and funded it to mobilise communities against the coal industry with help of local unions”.
With the MHA first refusing to renew the NGO’s FCRA registration, without providing any reasons in December 2021, the Ministry refused the renewal again on December 1, 2022, in an order, citing violations of FCRA provisions by the NGO, following which the NGO moved Delhi HC challenging the December 2022 order of MHA.
While the case remains pending with Delhi HC, in February this year, MHA had told the court that without prejudice, the Ministry is willing to consider Oxfam India’s application for fresh FCRA registration. While Oxfam India has since filed its application before MHA seeking the fresh FCRA registration, central government standing counsel Amit Tiwari told the court on Friday that the same is presently under consideration by the ministry.
Oxfam India, countering the MHA’s allegations, has told Delhi HC in its written submissions filed on May 12, that the government in its December 2022 order “introduces for the first time allegations relating to UNICEF funding, the Assam tea campaign, receipt of funds in utilisation accounts, transfer of funds to other entities, administrative expenditure beyond 20%, and speculative use of FC (foreign contribution).”
The NGO has also pointed the MHA, in its counter affidavit before the Delhi HC further added “new allegations concerning support to anti-coal campaigns, targeting development projects, GST-related objections, property transactions, and alleged diplomatic pressure through foreign governments or multilateral bodies.” Oxfam India told the court “this step-by-step supplementation of reasons is legally impermissible”.
“The validity of an administrative order must stand or fall on the reasons contained in the order itself; a non-speaking order (order without reasons) cannot later be cured by improved reasoning in revision or by fresh allegations,” Oxfam India has submitted.
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‘Probable foreign policy instrument’
Listing eight violations, the MHA in its submissions dated May 14 has alleged that Oxfam India “was found to be corresponding with foreign governments and multilateral organisations in order to put pressure on the Government of India, exposing it as a instrument of foreign policy, contrary to the mandate of the FCRA, 2010.”
Denying the charge, Oxfam India responded in its written submissions dated May 12, that foreign contribution donors had paid government money for specific purposes and “when they sought for the update regarding the status of contribution made by them, (Oxfam India) merely informed their diplomatic mission in India on their request, which was a necessary exercise.”
‘Malicious campaign agasint Assam tea industry’
The MHA has alleged that it found Oxfam India “to be involved in a negative and malicious campaign against the Assam Tea Industry, projecting opinionated statements in the media against the same, causing harm to the interests of the Indian Tea Industry generally, and likely to unwarrantedly stir up agitation against the State Government”.
In 2019, Oxfam India ran a campaign for increasing wages of tea garden workers, based on a TISS report from October 2019. Oxfam India has rebutted the allegation, pointing that “ultimately, the wages of the tea garden worker was increased” in 2022.
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‘Activities detrimental to national economic interest’
The MHA told the court that “despite being registered for social programmes, (Oxfam India) entered into an agreement with another association and funded it to mobilise communities against the coal industry with the help of local unions. Such activities are not compatible with its stated FCRA objectives and are detrimental to the nation’s economic interest.”
Oxfam India, however, clarified that though the said organisation — Environics Trust — had requested funding, “no such fund was provided.”
