CBI Files Charge Sheet Against Oxfam India In FCRA Violation Case

The Central Bureau of Investigation (CBI) has filed a charge sheet against Oxfam India, accusing the non-governmental organization (NGO) of violating the Foreign Contribution Regulation Act (FCRA). The charge sheet also names the NGO’s former CEO, Amitabh Behar, who currently serves as the Executive Director of Oxfam International.

Oxfam India, part of the global Oxfam network, focuses on advocating for the rights of marginalized communities, including tribal groups, Dalits, Muslims, women, and girls. The Union Ministry of Home Affairs (MHA) initiated a CBI probe into the NGO’s activities in April 2023 following allegations of FCRA violations.

The investigation revealed that Oxfam India continued to receive foreign contributions despite the rejection of its FCRA renewal application in December 2021. The NGO’s premises were also raided by the CBI as part of the inquiry.

Key Allegations by the CBI

1. Creating Alternate Structures for Foreign Funding
   The CBI claims that Oxfam India planned to establish a structure to bypass the restrictions imposed by the rejection of its FCRA renewal application.
2. Pressure on the Indian Government
   According to the agency, Oxfam India sought to influence the Indian government by leveraging foreign institutions, including the European Union, the US State Department, the World Bank, and the International Monetary Fund (IMF), to renew its FCRA licence.
3. Violation of Funding Regulations
   The CBI alleges that Oxfam India exceeded the permissible limit for administrative expenses under FCRA guidelines. The NGO reportedly utilized 33% of its foreign funds for administrative purposes, breaching the 20% limit.
4. Unlawful Payments to Think Tanks
   Emails discovered by the Income Tax department indicated that Oxfam India transferred funds to the Centre for Policy Research (CPR) through associates in the form of commissions for professional or technical services. A payment of ₹12.71 lakh in the financial year 2019-20 was cited as evidence.
5. Improper Foreign Fund Utilization
   The CBI found ₹1.50 crore deposited in Oxfam India’s foreign contribution utilization account instead of its designated FCRA account, violating regulations.

Oxfam India’s Response

Oxfam India has denied the allegations, asserting that it has consistently complied with Indian laws and regulatory requirements. The NGO maintains that it has filed all statutory compliances, including FCRA returns, on time since its inception.

In April 2023, the NGO stated, “Oxfam India has been cooperating with all government agencies since its FCRA registration wasn’t renewed in December 2021.”

Implications of the Investigation

The cancellation of Oxfam India’s FCRA licence has significantly affected its operations, limiting its ability to access foreign funds for social welfare projects. The allegations of financial irregularities and attempts to pressure the government may further tarnish the organization’s reputation in India.

This case also highlights the tightening regulatory environment for NGOs operating in the country, with increased scrutiny over the utilization of foreign contributions.

As the investigation unfolds, the case against Oxfam India raises critical questions about the compliance of NGOs with Indian laws and the balance between regulatory oversight and the autonomy of civil society organizations. The final outcome of this legal battle will set a precedent for other organizations navigating the FCRA framework.

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