On 29-03-2026, a complaint was filed before the National Human Rights Commission regarding threats to human rights, constitutional freedoms, and minority institutions arising from the proposed Foreign Contribution (Regulation) Bill, 2026.

The assertion made by the complaint was that any legislative measure that disproportionately impacts the religious minorities or interferes with their institutional autonomy strikes at the core of India’s constitution. It was submitted that the impugned bill introduced provisions to alter the regulatory framework governing foreign contributions by conferring wide, unguided, and excessive discretionary powers to the Central government.

Certain provisions pointed out by the complainant were – enabling the denial of FCRA registration or renewal on undefined grounds, permitting state takeover, control, and vesting of assets of organizations upon cancellation, surrender, or even procedural delay, and authorizing intervention without adequate procedural safeguards or independent oversight.

It was asserted that the power to assume control of private and institutional assets without due process amounts to state expropriation, violating basic human rights, and that the absence of an independent appellate mechanism increases the risk of abuse, leaving affected organizations remediless against executive overreach. The complainant submitted that if enacted, the impugned bill would cripple the functioning and threaten the existence of minority institutions that heavily rely on foreign contributions.

Though enacted to regulate foreign contributions in the interest of transparency and national security, the complainant alleged that the true character of the impugned bill was an indirect attempt to assume control over and stifle independent society organizations. It was submitted that the impugned provisions suppress dissent and undermine democratic accountability by placing independent organizations under coercive state control. The complainant added that the cumulative effect of these provisions was a systematic assault on human rights, minority protections, and the constitutional guarantee of pluralism.

The complainant mentioned that apart from being contrary to the principles of natural justice, the impugned provisions were violative of Articles 14, 19(1)(c), 21, and 25 to 30 of the Constitution.

The complainant prayed that NHRC take cognizance of the human rights implications arising from the impugned bill and call for Action Taken Reports from the Secretary, Ministry of Home Affairs, Ministry of Law and Justice, Ministry of Minority Affairs, and the Secretary, Department of Legal Affairs. Additionally, a prayer was made to recommend that the Union government withdraw/substantially amend provisions permitting the takeover or vesting of assets, remove/strictly limit discretionary powers lacking clear guidelines, and incorporate a robust, independent, and time-bound appellate mechanism.

It was prayed that safeguards be recommended to ensure that regulatory mechanisms do not become tools of suppression against minority institutions and civil society. Lastly, the complainant prayed that the respondents be directed to ensure that any legislative framework complies with constitutional morality, the rule of law, and the human rights standards.

Appearance:

Complainant – Advocate Yennam Balachander Reddy

BEFORE THE NATIONAL HUMAN RIGHTS COMMISSION OF INDIA Click here