MADURAI: The Madurai Bench of the Madras High Court has held that Foreign Contribution Regulation Act (FCRA) registration status is a privilege and not a right, and religious organisations engaged in conversion must be denied that registration.
Only those organisations whose activities would not affect the nation’s secular fabric and social amity are entitled to FCRA registration, a bench of Justices GR Swaminathan and MD Sumathi said.
The HC made the observation while dismissing an appeal filed by Kanzeon Public Charitable Trust against denial of FCRA registration to it last year for not correctly identifying its nature as a religious organisation. The court, however, clarified that it was not accusing the trust of having any conversion agenda.
The judges explained how foreign contribution may destabilise the social order if one religious group gains dominance. They referred to the recent friction between Christians and Muslims in Kerala and said, “If foreign funds are allowed inside to facilitate conversion activities, the nation’s sovereignty would be imperilled.
We specifically highlight the issue of conversion because radical Christian institutions are notorious for indulging in such activities.” The judges cited Section 12(4)(a)(ii) of FCRA, 2010, which prevents organisations prosecuted or convicted for indulging in religious conversion from availing of FCRA registration.
Trust failed to reveal its nature, say judges
The judges further stated that a fundamentalist Hindu Organisation engaged in Ghar Wapsi could not be registered under FCRA and that the statutory regime which was put in place during UPA rule (2010) was intended to subserve secular objects.
The above trust, which has established a Zen Meditation Centre in Kodaikanal, claimed to be a non-religious organisation. But the judges noted that it is run by a Christian priest, and its website prominently displayed a cross-like symbol and a Buddha statue.
“Unlike Hinduism, which is inclusive, the Abrahamic religions are inherently exclusive. The devout Jews, Christians and Muslims believe that theirs is the one true and complete revelation because that is what their holy books say of themselves,” the judges observed.
However, they restrained themselves from doubting the organisation’s claim that they subscribe to Zen Buddhist philosophy. But even as per its statement, the organisation is a religious one, as Zen Buddhism is a variant of the Mahayana Buddhist School, which would come under the broad umbrella of Buddhism, they pointed out.
Moreover, Zen philosophy is of Chinese origin. Organisations like the appellant trust cannot therefore claim any right to be registered under FCRA, the judges further opined. They also highlighted the distinction between educational, cultural and religious organisations.
Pointing out how the National Educational Policy (NEP) 2020 expressly provides for including Indian Knowledge Systems within the educational curriculum, the judges said the regulatory framework governing foreign contribution should operate in tandem with the NEP.
The trust ought to have made a clean breast of everything by correctly stating their nature. Since they failed to do so, the application was rightly negated, the judges held.