Arise Bharat

– Ramakrishna Kulkarni, Advocate

• The case arises out of denial of FCRA registration to a trust namely “Kanzeon Public Charitable Trust” Chennai, which established a centre called “Zen Meditation Centre” claiming that the said activity cannot be treated as “religious”.
• The Madurai Bench of Madras High Court while dealing with the issue whether denial of FCRA registration is legally valid or not made quite interesting observations and exposed the way in which some Christian organizations are trying to mislead the authorities by taking advantage of interpretation of statutory provisions and getting FCRA certificates ultimately using the foreign aid to achieve their goal of religious conversion.
• The Trust in question coined a new way of meditation called “Zen Meditation” claiming it to be follower of Dhyana Tradition of this nation but the court observed that its founder is an ordained Christian priest namely Rev. Fr. Ama Samy SJ further that Christianity being a messianic religion and its mission is to bring everyone within the fold of Jesus Christ unlike Hinduism which is inclusive.
• The Court also observed the pictures on the website of the trust and literature spread through it to say that though it pretends to follow Buddhist Philosophy.
• The court also categorically held that Anorganisation primarilyengaged in the systematic teaching of Vedanta, the Bhagavad Gita, theUpanishads, Yoga and allied Indian Knowledge Systems through structuredclasses, residential courses, publications, research and preservation ofmanuscripts cannot to be classified as religious institutions.
• Indian KnowledgeSystems would fall under the category of education or culture.The NationalEducational Policy, 2020 expressly provides for including IKS within theeducational curriculum and specifically refers to philosophy and yoga amongthe fields in which such knowledge is to be taught. When NEP itselfrecognises these disciplines as legitimate fields of study, the foreign-contribution framework should not classify such organisations teaching thesame subjects as religious. Such misclassification can have seriouseconomic and funding consequences. The regulatory framework governingforeign contribution should operate in tandem with the New EducationalPolicy, 2020. Indians are now spread all over the world. The immortalnovelist Raja Rao remarked that India is more an idea and not a mereterritory. Indians living abroad would want to support certain cultural activitiestaking place within India. FCRA should not come as an obstacle. 
• The court relied upon the law laid down by the Hon’ble Supreme Court of India that accepting foreign funding cannot be an absolute or vested right.  The Hon’ble Supreme Court also hinted that there is a possibility of national polity being influenced by foreign contribution. Theymay destabilise the social order within the country. We are a pluralist nation.Unlike USA, we are not a melting pot but a salad bowl, a beautiful metaphorcredited to Justice Ruma Pal. This status quo would be upset, if onereligious group gains ascendency. In Kerala, one recently witnessed frictionbetween the Christians and the Muslims. If foreign funds are freely allowedinside to facilitate conversion activities, the sovereignty of the nation would beimperilled. We specifically highlight the issue of conversion because radicalChristian Institutions are notorious for indulging in such activities. 
• The court also referred to Prof Dr. P. Ishwara Bhat on how un regulated foreign funding can threaten health of polityand also may give rise to assistance to terrorism and communal disharmony. 
• Ultimately Court held that FCRA registration cannot be a right but a privilege available to those who have an indigenous interest in progress of culture and well-being of the nation more than just a charitable cause.