The Texas-based Global Peace Initiative and evangelist Dr K.A. Paul on Thursday moved the Supreme Court challenging the Union home ministry’s decision to cancel or not renew the licence that allowed close to 6,000 NGOs to receive foreign funds.

In a joint petition, the US-headquartered NGO and Dr Paul have pleaded that the work done by these 6,000-odd NGOs had helped millions of Indians and the sudden and arbitrary cancellation of registration under the Foreign Contribution (Regulation) Act, 2010, had violated the rights of these organisations, their workers as well as those they serve.

The petition, filed through advocate Aditya Jain, says: “This is especially relevant at a time when the country is facing the third wave of the Covid-19 virus. The role of NGOs in helping combat the pandemic has been acknowledged by the central government, the Niti Aayog and the Prime Minister’s Office itself. Cancellation of the licences of close to 6,000 NGOs at this time will hamper relief efforts and lead to denial of aid to citizens in need.”

The petitioners pointed out that “adverse inputs” is not among the grounds under the FCRA for cancelling or refusing to renew registration.

“It is humbly submitted that the refusal to renew the licence is ex-facie illegal and liable to be set aside. It is further submitted that cancellation of the licence of a renowned charitable organisation like the Missionaries of Charities on vague grounds such as ‘adverse inputs’ will have a chilling effect on all other non-governmental organisations,” the petition said.

The Union home ministry has, however, restored the FCRA licence of Mother Teresa’s Missionaries of Charity, a fortnight after declining to renew it citing “adverse inputs”.

According to the petitioners the FCRA Amendment Act, 2020, brought in a number of conditions that have significantly hampered the activities of NGOs.

It was submitted that during the peak of the second wave of the pandemic, a number of NGOs and industry bodies, including Nasscom, made representations seeking waiver of the requirements of the FCRA. The home ministry also issued directions in exercise of powers conferred by Section 50 of the Act, extending the validity of the registration of several organisations.

“This was done in view of the exigencies arising out of the Covid-19 situation. It is humbly submitted that the same exigencies exist today. Thus, the decision to cancel/ not renew the licences of close to 6,000 NGOs shows lack of application of mind.

“It is also pertinent to note that the MHA, vide a direction dated 31.12.2021, had extended the validity of registration of certificates of NGOs whose applications are pending before it. However, the order states ‘that in case of refusal of the application for renewal of certificate of registration, the validity of the certificate shall be deemed to have expired on the date of refusal of the application of renewal and the association shall not be eligible either to receive foreign contribution or utilise the foreign contribution received’,” the petition said.

This makes it clear that the 6,000 NGOS would not be allowed to receive or utilise foreign funds, the petition pointed out.

Some of the directions the petitioners have sought from the court:

⚫ Issue a writ, order or direction quashing the home ministry orders through which it cancelled or refused to renew the FCRA registration of the NGOs.

⚫ Strike down the provisions of the public notice dated December 31 that bar the NGOs whose applications for renewal of registration have been rejected from accepting or utilising foreign funds.

⚫ Direct the ministry to extend the validity of the registration of those organisations that had failed to apply for renewal of registration till such time as Covid-19 continues to be a “notified disaster”.

⚫ Direct the Centre to exercise its powers under Section 50 of the FCRA and exempt all NGOs from the operation of the Act as long as Covid persists.