The journey of India’s Foreign Contribution (Regulation) Act (FCRA), from a law meant to shield domestic politics from foreign influence to one being weaponised to reprimand civil society, reveals a striking truth about India today.

Enacted in 1976 during the Emergency era, FCRA’s primary targets were political parties and electoral processes. In contrast, non-governmental organisations operated with relative freedom. This balance shifted in 1984. Through an ordinance, NGOs were ushered into the Act’s ambit and subjected to mandatory registration with the Ministry of Home Affairs (MHA) instead of development ministries. This was not a mere administrative shift; it recast civil societies as potential security threats.

The next major transformation came in 2010 when the 1976 law was replaced with a new FCRA. 

While the earlier Act focused on the “values of a sovereign democratic republic,” the 2010 legislation was premised on preventing activities “detrimental to national interest.” 

This law expanded state control over foreign funding to NGOs, requiring prior registration, periodic renewal, and compliance with increasingly burdensome obligations. The MHA was given sweeping powers to suspend or cancel FCRA registrations, rendering organisations ineligible for foreign funding for........

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