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Isbn Book Part-Ii INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISBN 978-81-948082-0-6) VOLUME I ISSUE I (OCTOBER 2020) Email – [email protected] Website – www.ijlra.com 56565656565651 www.ijlra.com Volume IIssue I|October 2020 ISBN: 978-81-948082-0-6 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Managing Editor of IJLRA. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of IJLRA. Though every effort has been made to ensure that the information in Volume I Issue I is accurate and appropriately cited/referenced, neither the Editorial Board nor IJLRA shall be held liable or responsible in any manner whatever for any consequences for any action taken by anyone on the basis of information in the Journal. Copyright © International Journal for Legal Research & Analysis 1 www.ijlra.com Volume IIssue I|October 2020 ISBN: 978-81-948082-0-6 EDITORIAL TEAM EDITORS Ms. Ezhiloviya S.P. Nalsar Passout Ms. Priya Singh West Bengal National University of Juridical Science Mr. Ritesh Kumar Nalsar Passout Mrs. Pooja Kothari Practicing Advocate Dr. Shweta Dhand Assistant Professor 2 www.ijlra.com Volume IIssue I|October 2020 ISBN: 978-81-948082-0-6 ABOUT US INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANLAYSIS ISBN 978-81-948082-0-6. Our aim is to upgrade the level of interaction and discourse about contemporary issues of law. We are eager to become a highly cited academic publication, through quality contributions from students, academics, professionals from the industry, the bar and the bench. INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS ISBN 978-81-948082-0-6 welcomes contributions from all legal branches, as long as the work is original, unpublished and is in consonance with the submission guidelines. 3 www.ijlra.com Volume I Issue I| October 2020 ISBN: 978-81-948082-0-6 INDEX S.No Name Title Page No. 1. A.Niharica The Foreign Contribution Regulation Act: It’s Voyage 6 In India, Its Analysis And Possible Reforms 2. Aadya Tiwary Right To Constitutional Remedies:An Anlysis 17 3. Aarav Srejan Prasad & A Detailed Study Of Media Trials In India 27 Ishika Jain 4. Anannya Bera The Role Of Indian Judiciary And State In Combating 36 Child Labour 5. Charu Sharma & Madhur Driving To Suicide, From Bullying To Psychological 45 Bansal Tortures 6. Devki Sejpal Animal Testing: An Unnecessary Evil 58 7. Hena Kurian How Cyber Space Is A Front Of War Between U.S And 67 Iran 8. K.R. Azad Child Labour: A Dark Reality On Mining Industry 76 9. Nimit Gupta & Kanishka Impact Of Psu Bank Mergers On The Banking Sector In 86 Bubna India 10. Prabhat Kumar Rights Of Accused Under Criminal Procedure Code, 93 1973 11. Pragati Gilda Viral Justice – Is It The New Reality? 114 12. Priyal Sepaha Understanding India's Issue Of Illegal Immigrants 119 Through The Lenses Of Humanitarianism And Human Rights 13. Ritwik Guha Mustafi The Prospects And Problems Of Electronic Contracts In 134 India With A Special Reference To The Covid-19 Pandemic: A Comprehensive Study. 4 www.ijlra.com Volume I Issue I| October 2020 ISBN: 978-81-948082-0-6 14. Sanjana Bharadwaj The Ethical And Moral Issue Of Physician Assisted 146 Suicide: A Critical Analysis 15. Sanjeev Kumar Biodiversity Act, 2002: A Critical Analysis 160 16. S. Ravi An Analysis of Anti-Animal Abuse Laws Under Indian 169 Criminal Laws 5 www.ijlra.com Vol ume IIssue I|October 2020 ISBN: 978-81-948082-0-6 THE FOREIGN CONTRIBUTION REGULATION ACT: IT’S VOYAGE IN INDIA, ITS ANALYSIS AND POSSIBLE REFORMS A.Niharica 2nd year law student, Sultan-Ul-Uloom Collage of Law In early 2017, a strong US-based Christian donor, Compassion International was exacted to stop contributions to India. This step of ministry hit a dependent health unit but would have hit the freedom of religion right if the ministry hadn’t done so, as Compassion International funded NGO’s that were indulged in religious conversions. Inception of Legislature regulating foreign contributions can be traced back to the emergency period. It has undergone some changes in the pretext of nation’s security and sovereignty. The act did play a pivotal role in curbing foreign influence on domestic politics. But the restrictions did hinder the working of some NGOs and Political parties did sculpted it to their advantage to escape from law’s whip. This is like a double edged sword. This research paper presents a theoretical view of the legislations passed by the parliament with respect to foreign donation regulations, analyses the lacunae present in the acts, and suggests some ways for mending those. I. INTRODUCTION Foreign contribution is a donation, delivery or transfer or any article, currency or foreign security by any person who has received it from any foreign source, either directly or through one or more persons, shall also be deemed to be foreign contribution.1 Foreign funding is pivotal for working of many organisations and its importance is recognised by the United Nations which categorised foreign funding of NGOs to be a right of freedom of association2 .The issue of foreign contribution has been in spotlight in recent times due to two reasons. One, the inflow of funds saw a sudden decline since 2019 which had been on a rise since 2014 till 2019 (around 1809 associations lost their license in 2019)3 due to cancellation of associations’ licence and increased supervision by the government. For instance the Rajiv Gandhi trust is under the 1 The Foreign Contribution (regulation) Act, 2010 (Act 42 of 2010), s. 2. 2 UN General Assembly, The rights to freedom of peaceful assembly and of association, GA Res 15/21, GAOR, UN Doc A/HRC/RES/15/21, (October 6, 2010). 3 Registration cancelled list, 2019, available at :https://fcraonline.nic.in/ 6 www.ijlra.com Vol ume IIssue I|October 2020 ISBN: 978-81-948082-0-6 appointed committee’s probe for having links with an anti-national figure. Recently 13 NGOs were also de licensed for diverting foreign funds in religious conversions in tribal areas into Christianity4 which violated the act fundamental right to religion of the tribes. Two, the recent amendments to the foreign regulation 2010. The act was initially passed to check organisations of political nature that tried to aggravate ongoing internal stirs by diverting foreign funds, and tried obstructing nation’s interests. But certain amendments were later made to the act that gave unfair advantage to the political parties that tried covering their flaws thus deviating from the original purpose of the act. The 2020 amendment was passed after heated debate in the parliament5 that has put excluded a host of category of people from receiving money also put many checks on beneficiary , their working and their spending, thus trying to keep a check on the acts that are against national security. Such measures are necessary for shielding our nation. What makes this issue of foreign funding very much contemporary and relevant is that, we are living in a society where there is a growing need for shielding of rights especially of vulnerable strata of the society, and of advancement of aspects like education, health in which NGOs play an inevitable role. The recent restrictions that have been put on NGOs (through amendments) would hurt NGOs’ functioning as most of them are neither politically nor economically strong. The COVID pandemic has aggravated the things further by hurting the jobs too. The advantage taken by political parties is not tolerable by the society. Foreign funding is like a trump card for many in the nation, it may be a snag for the nation also, and in a word it’s like a double edge sword. Balance shall be made between economic liberty and nation’s safety. This sword shall be sharpened for the betterment of society and mitigation of external influence on internal land. The content in this paper makes the reader traverse through the journey of foreign contribution regulation in India, analyses the respective legislations made, and propounds ways to make them finer. Part 2 analysis the origin of foreign contribution regulation in India. Part 3 analysis the reformed version of the prototype legislature. Part 4 deals scrutinizes the later amendments made to the FCRA 2010 act6 and the Judicial aspect of it. Part 5 deals with the latest developments in the legislature.. Part 6 deals with the judicial perception the Foreign Contribution (Regulation) 4 Bharat Jain, “13 NGOs lose FCRA licence over ‘religious conversions’ “, Times of India,available at https://timesofindia.indiatimes.com/ 5 Lok Sabha debates on September 20, 2020, available at https://www.youtube.com/watch?v=N66LmmxxFhY&t=9s 6 The Foreign Contribution (regulation) Act, 2010 (Act 42 of 2010) 7 www.ijlra.com Vol ume IIssue I|October 2020 ISBN: 978-81-948082-0-6 Act and also of international organisation. Part 7 deals with the ways as to how the concerned legislature can be ameliorated and part 8 contains the conclusion. II. ORIGIN OF FOREIGN CONTRIBUTION REGULATION IN INDIA Full-fledged legislature for the sake of regulating and controlling foreign funding into India was Foreign Contribution Regulation Act, 19767 (FCRA, 1976) A. FOREIGN CONTRIBUTION REGULATION ACT 1976 AND ITS BACKGROUND The act was passed in 1976, in the era of cold war (1947-1999) when Soviets and Americas intervened in the internal affairs of post-colonial nations to secure and protect their respective strategic interests and to maintain a domination in the world market.1 If a country funds foreign country, the former would have domination over the latter because of economic dependence.
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