Thiruvananthapuram; The Kerala High Court has set aside the Central Government’s decision refusing to renew the Foreign Contribution Regulation Act (FCRA) certificates of two non-governmental organisations, Kerala Social Service Forum and Save a Family Plan India. Central agencies had accused the organisations of funding agitations against the multi-crore Vizhinjam seaport project. In its judgment, the court declared that financial support provided to a peaceful protest cannot be classified as a diversion of foreign funds for an undesirable purpose or an act against the public interest.
In the order dated August 11, the High Court emphasized that the right to protest is guaranteed under the Constitution, and exercising such rights cannot be labelled as an undesirable purpose due to political disapproval. The court noted that the term “undesirable purpose” under Section 12(4)(a)(ii) of the FCRA cannot be interpreted to mean something that is merely undesirable to the government or political will. It added that executive or administrative distaste for dissent cannot convert a constitutionally protected right into a statutory violation, noting that any characterisation of a purpose as undesirable must be rooted in a legal prohibition or demonstrable public injury.
Furthermore, the bench observed that intelligence reports and official records showed no financial trail linking the petitioner organisations directly to any of the protesters. While intelligence reports identified 29 non-governmental organisations involved in the agitation led by the Latin Catholic Archdiocese of Trivandrum on behalf of the local fishing community, neither petitioner was listed among those involved or holding active FCRA status. The court described the rejection of their renewal applications as arbitrary and illegal, stating that irrelevant considerations were relied upon while ignoring relevant facts.
Setting aside the refusal orders, the High Court directed the Union Home Ministry and competent authorities to re-examine the FCRA renewal applications with an open mind and pass fresh orders within three months. Demonstrations outside the Vizhinjam seaport in Thiruvananthapuram were staged by local fisherfolk for over four months in 2022 over coastal erosion and livelihood concerns before being called off after negotiations with state authorities.
