Wednesday, November 04, 2020

Penal laws are never outdated.

 The Emergency during Indira Gandhi's government "was a tragedy in modern India's history" during which the government passed the Foreign Contributions (Regulations) Act or FCRA. Instead of being abolished it "was amended last month and has become more draconian", wrote Gurcharan Das. One amendment "forbids the transfer of a foreign donation to another organisation". The reason maybe that the largest foreign donations are received by Christian evangelical groups which, the government suspects, use the money to convert Hindus to Christians. "Earlier this year, a Chennai-based NGO Caruna Bal Vikas was booked by the CBI (Central Bureau of Investigation). The FIR (First Information Report) claims that the NGO was getting huge finances from abroad to convert people to Christianity," wrote Dilip Mandal. "India's Home Ministry has canceled four Christian organizations' licenses to receive foreign donations without specifying any reason for the move," reported Union of Catholic Asian News. Last month, "Six non-profits and trusts and nine places, including the property of former Delhi Minority Commission chief Zafarul-Islam Khan have been raided by the National Investigation Agency (NIA) in a terror funding case." "A second provision has put a cap of 20% on overhead expenses," wrote Das. "Those NGOs who run research institutions, schools, hospitals and shelters out of foreign funds will now have to prove that most of their employee expenses are non-administrative." Another law, passed by the previous Congress-led government, and being enforced by this one is the General Anti Avoidance Rule (GAAR). In September, an international arbitration tribunal in the Hague ruled that a retrospective tax demand of $2 billion on Vodafone was "in breach of an investment treaty agreement between India and the Netherlands" and awarded costs of $5.47 million against India. "Jaitley as the Finance Minister of Modi-1.0 government on several occasions had stated that the BJP government will not raise any new demand using the retrospective tax legislation and will honor arbitration awards in cases companies had challenged tax demands raised by the previous regime using the controversial retrospective tax legislation." Other laws are also continuing from Emergency. "Under UAPA (Unlawful Activities Prevention Act) and NSA (National Security Act), bail can be denied almost indefinitely. In many cases, the state is not even under any obligation to present a credible case to the court nor frame charges in a time bound manner," wrote Pankaj Butalia. This is nothing however. Indians can be arrested indefinitely under Section 124A of the Indian Penal Code (IPC) enacted by the British in 1870. When the government is not bound by any rule it becomes a police state. No one dare protest.    

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