FCRA violations: MHA recommends CBI probe against Oxfam India

“The MHA found that Oxfam India continued to transfer foreign contributions to various entities even after coming into force of the FCRA, 2020 which prohibits such transfers. The amendment came into force on September 29, 2020 and Oxfam India transferred funds to other NGOs, violating provisions of the FCRA, 2010,” a source said.

When contacted, Oxfam India spokesperson said, “Oxfam India is fully compliant with Indian laws and has filed all its statutory compliances, including Foreign Contribution Regulation Act (FCRA) returns, in a timely manner since its inception. Oxfam India has been cooperating with all government agencies since its FCRA registration wasn’t renewed in December 2021. We have filed a plea in the Delhi High Court against the decision to not renew our FCRA registration. The High Court has asked the Union government to respond to our plea.”

“In times of growing inequality and greater need for action on poverty eradication, Oxfam India has been and will continue to work in public and national interest. Oxfam India believes this is our constitutional duty as an organisation, irrespective of obstacles and hurdles in the path,” it said

Last year, the Income Tax Department conducted a “survey” on the premises of Oxfam India. “From emails, found during an IT survey by the CBDT, it is revealed that Oxfam India was planning to circumvent provision of the FCRA, 2010 by routing funds to other FCRA registered associations or through the for-profit consultancy route. IT survey by the CBDT also exposed Oxfam India as a probable instrument of foreign policy of foreign organisations/entities which have funded Oxfam India liberally over the years,” the source said.

“Oxfam India received foreign contributions amounting to around Rs 1.50 crore directly into its FC utilization account instead of receiving foreign contributions in designated FCRA accounts,” the source said.

Sources said that Oxfam India routed funds to the Centre for Policy Research (CPR) through its associates/employees in the form of commission. “The same is also reflected from the TDS data of Oxfam India which shows payment of Rs 12,71,188 to the CPR in the financial year – 2019-20 under section 194J,” the source said.

On February 13, the Delhi High Court sought the Centre’s stand in Oxfam India’s plea for renewal of its registration under the FCRA, 2010. The Centre through the MHA rejected Oxfam India’s application for renewing FCRA registration on December 22, 2021. Oxfam India moved the High Court against the decision and the court directed the Centre to pass a reasoned speaking order on its revision petition. After this, the Centre passed an order on December 1, 2022, rejecting Oxfam’s revision application, and denying the renewal of its FCRA registration. The plea states that Oxfam India works on human development and poverty alleviation in India.

Oxfam India, according to its website, is a member of the global confederation of 21 Oxfams across the world. In 2008, Oxfam India became an independent affiliate and an Indian NGO. Oxfam took stock of the states it was needed the most in and started working on the ground in the six poorest states of India—Uttar Pradesh, Jharkhand, Bihar, Chhattisgarh, Assam, and Odisha. The Government registered Oxfam India as a “non-profit organization under Section 8 of the Indian Companies Act, 2013.” In the last ten years, Oxfam India has responded to disasters in Assam, Bihar, Uttar Pradesh, Kerala, Kashmir, Manipur, Gujarat, Tamil Nadu, West Bengal, Odisha. They have also provided aid to Internally Displaced Persons during Kargil War, Muzaffarnagar violence, Kokrajhar violence, and others.

In the last month, this is the second time when the MHA has recommended a CBI probe. In March, the MHA also recommended a CBI inquiry against Aman Biradari, an NGO established by writer and human rights activist Harsh Mander, for alleged violation of the FCRA. “During 2018 to 2022, the FCRA registration certificates of 1,827 associations have been cancelled due to violation of the provisions of the Act and rules,” Union Minister of State for Home Nityanand Rai told Rajya Sabha last month.