3 weeks ago
Kerala High Court quashes FCRA renewal denial to two NGOs
Two groups in India that help people — the Kerala Social Service Forum and Save a Family Plan India — receive money from other countries to do their good work.
The Indian government said the groups did something wrong.
It said they gave money to fishermen who were peacefully protesting against a big new sea port called Vizhinjam.
Because of this, the government refused to let the groups receive foreign money anymore, without clearly saying why.
The groups went to a very important court called the Kerala High Court for help.
Judge Bechu Kurian Thomas said the right to protest peacefully is protected by India's Constitution.
He said giving money to peaceful protesters is not a bad thing, and the government cannot call something wrong just because it does not like it.
The judge also found no proof that the groups' money ever went to the protesters.
He cancelled the government's decision and told it to decide again within three months.
The Kerala High Court set aside the central government's refusal to renew FCRA certificates of two NGOs — the Kerala Social Service Forum and Save a Family Plan India.
Central agencies had alleged the NGOs diverted foreign donations to support 2022 agitations by local fishermen against the Vizhinjam Port Project.
Justice Bechu Kurian Thomas held that supporting a peaceful protest cannot be labelled an 'undesirable purpose' or against public interest under the FCRA.
The court found no tangible material or financial trail proving foreign funds were used to finance the protesters.
It directed authorities to review the applications and pass fresh orders within three months, noting an order without reasons is 'born of whim and not of law.'
- Who
- Justice Bechu Kurian Thomas of the Kerala High Court; the two NGOs — Kerala Social Service Forum and Save a Family Plan India; the central government and its agencies
- What
- The court set aside the Centre's refusal to renew the NGOs' FCRA registration certificates, holding that supporting peaceful protests is not an 'undesirable purpose' or against public interest
- Where
- Kerala High Court, Kochi; the protests concerned the Vizhinjam sea port in Kerala
- When
- Order dated August 11, 2026; reported August 12–13, 2026
- Why
- The right to protest is constitutionally guaranteed under Article 19(1)(a) of the Constitution, and no trail of money was traced from the NGOs to the protesters
Kerala High Court's ruling
Centre's position
Funding protests as an 'undesirable purpose'
Kerala High Court's ruling
Financial support to peaceful, constitutionally guaranteed protests cannot be treated as diversion of foreign funds for an undesirable purpose or against public interest.
Centre's position
Central agencies accused the two NGOs of diverting foreign donations to support agitations against the Vizhinjam Port Project in 2022, justifying denial of FCRA renewal.
Disclosing reasons for refusal
Kerala High Court's ruling
Reasons are the soul of every order, and refusing to divulge them is in effect a mode of denying justice.
Centre's position
Deputy Solicitor General OM Shalina argued that reasons for refusing renewal were not required to be divulged and that the court should not interfere.
Foreign funding rules
Kerala High Court's ruling
Civil society organisations and opposition lawmakers contend the Foreign Contribution (Regulation) Amendment Bill, 2026 risks centralising oversight and penalising non-governmental institutions.
Centre's position
The government maintains the proposed measures — including a 'Designated Authority' that can take over assets built with foreign contributions — ensure national security and financial transparency.
Key facts
- Court
- Kerala High Court
- Presiding judge
- Justice Bechu Kurian Thomas
- Order date
- August 11, 2026
- Decision
- Set aside the Centre's refusal to renew FCRA certificates of two NGOs
- NGOs involved
- Kerala Social Service Forum and Save a Family Plan India
- Allegation
- Foreign donations diverted to fund 2022 agitations against the Vizhinjam Port Project
- Key law
- Foreign Contribution (Regulation) Act (FCRA), Section 12(4)(a)(ii)
- Court direction
- Authorities to pass fresh orders within three months
Quotes
Justice Bechu Kurian Thomas
Judge of the Kerala High Court
“Thus, even if it is assumed that some financial support was provided to the protestors, it cannot be treated as diversion of foreign contribution for an undesirable purpose or against public interest, tantamounting to violation of any provision in the FCRA.”
deccanchronicle.com
“"It fails all comprehension, as to how those agitations, which to a large extent are common whenever a new project is announced, can amount to an issue relating to national security."”
indianexpress.com
Sources
Kerala HC sets aside denial of FCRA renewal of 2 NGOs for ‘funding’ Vizhinjam protests
Kerala HC Sets Aside FCRA Renewal Denial to Two NGOs Over Vizhinjam Protests
Right to protest not ‘undesirable’: Kerala High Court cancels order denying FCRA renewal
Peaceful Protest Is A Right, Not An ‘Undesirable Purpose’: Kerala HC Slams Centre’s FCRA Denial To 2 NGOs
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