This story is from April 20, 2017

NEW DELHI: The government has revoked the registration of Public Health Foundation of India (PHFI), an NGO funded by Bill & Melinda Gates Foundation, under the Foreign Contributions (Regulation) Act over alleged misuse of foreign funds for anti-tobacco lobbying, in violation of FCRA norms.The home ministry’s revocation of renewal of PHFI’s FCRA licence has rendered it ineligible to receive any funding from abroad. A source said the main FCRA violation charge against the NGO, which has also worked in partnership with the ministry of health and family welfare, is that it had used foreign funds totalling Rs 43 crore to lobby with parliamentarians, media and government on tobacco control issues, which is not one of the five permitted activities under FCRA.The five permitted activities for which NGOs can receive foreign contributions include social, cultural, religious, educational and economic. PHFI was registered under FCRA under the head “social and educational”.According to a home ministry official, PHFI received around Rs 43 crore for tobacco lobbying, which it misrepresented as ‘research grants’ in its FCRA returns. The officer added that an NGO was not permitted to lobby for tobacco control, which could only be done by an entity as a public relations company that must pay due taxes.“Anti-tobacco lobbying is a valid and perfectly legal activity but not through zero-tax NGOs,” the officer told TOI.According to a source, PHFI received foreign contributions amounting to nearly Rs 150 crore in 2014-15 and Rs 200 crore in 2013-14. Bill & Melinda Gates Foundation accounted for nearly one-third of its foreign funding, USAID for around 10%, while the remaining donors included some leading western pharmaceutical companies such as GlaxoSmithKline.PHFI, in a release issued on Wednesday, said it had received a notification from the home ministry regarding renewal of its FCRA Registration. “Certain observations have been made by the ministry on utilisation of funds related to PHFI’s projects on tobacco, HIV/AIDS and its financial reports. PHFI has submitted the requisite information and documents to the MHA on the observations raised in the notification and provided the needed clarifications.“PHFI is seeking an early resolution of the issue and continuation of the FCRA registration, based on the clarifications provided,” it stated.As per the PHFI website, the NGO was launched by former Prime Minister Manmohan Singh in 2006. The NGO provides technical assistance to central and state governments in several areas of engagement including HIV prevention, access to drugs, tobacco control and immunisation, etc. Many of these activities have been in partnership with the ministry of health and family welfare. </s> India's government has canceled permission for foreign funding for one of the country's main public health organizations, whose donors include the Bill and Melinda Gates Foundation.

It's the latest move by Prime Minister Narendra Modi's government in cracking down on charities and nonprofits that receive funds from overseas and are often criticized for working against national interests.

The Public Health Foundation of India also partners with the Indian government on several projects.

The group's spokesman Rajeev Chhibber said Friday that the organization received a letter from the Ministry of Home Affairs saying it lost its registration to get foreign money last week.

The ministry had specifically asked the group to explain their spending on HIV/AIDS and tobacco programs. </s> India's government has canceled permission for foreign funding for one of the country's main public health organizations, whose donors include the Bill and Melinda Gates Foundation.

It's the latest move by Prime Minister Narendra Modi's government in cracking down on charities and nonprofits that receive funds from overseas and are often criticized for working against national interests.

Rajeev Chhibber, spokesman for the Public Health Foundation of India, said Friday that the organization received a letter from the Ministry of Home Affairs saying it lost its registration to get foreign money last week. Chhibber said the Gates Foundation was among the larger donors to the group, which gets about 45 percent of its funding from overseas. Other donors include the United Nations and the World Health Organization.

The ministry had specifically asked the group to explain its spending on HIV/AIDS and anti-tobacco programs.

In a statement, Chhibber said all the programs run by the Public Health Foundation were in step with the Indian government's National Health Policy. The organization also provides technical assistance to the federal government and several state governments on several subjects including tobacco control and HIV/AIDS.

Chhibber said the organization had submitted all the required documents to the ministry. He said his group is seeking "an early resolution of the issue" and continuation of its registration under the Foreign Contribution Regulation Act.

India began cracking down on foreign-funded charities after a government intelligence bureau report said economic growth was hurt when certain groups rallied communities against polluting industries.

Over the last two years it has accused the groups including Greenpeace, Amnesty International and Action Aid of providing reports "used to build a record against India and serve as tools for the strategic foreign policy interests of Western governments."

In February the government blocked foreign funding to Compassion International, a U.S.-based Christian charity, amid allegations that it was using its charity work as a front for religious conversions. The group shut down its program, which worked largely with poor children in India. </s> THE Public Health Foundation of India (PHFI), a Delhi-based NGO that aims to strengthen training, research and policy development in public health, has been barred from receiving foreign funds including from the Bill and Melinda Gates Foundation (BMGF). The Union Home Ministry has cancelled PHFI’s registration under the Foreign Contribution (Regulation) Act, alleging violations of the law. PHFI’s licence was renewed for five years in August 2016, said officials.

Headed by noted public health expert K Srinath Reddy, PHFI — it was launched by former Prime Minister Manmohan Singh in 2006 — provides technical assistance to Central and State Governments in several areas ranging from HIV prevention, access to drugs, tobacco control and immunization to environmental health, universal health coverage, public health cadre development and capacity building of primary care physicians.

The RSS-backed Swadeshi Jagran Manch had recently alleged a nexus between the Gates Foundation and big pharma and its “influence” on health policymaking. Speaking to The Indian Express, co-convenor Ashwini Mahajan said: “We have met the Union Health Minister and raised the matter regarding funding of PHFI by BMGF.” According to the Home Ministry, the PHFI license has been cancelled for alleged FCRA violations. These include alleged lobbying with parliamentarians and media for the anti-tobacco lobby. It was further alleged that PHFI had opened bank accounts which were not disclosed to the ministry and had “misreported” foreign donations received over the past three years. Officials claimed the NGO had transferred significant sums outside India without alerting the Home Ministry.

In an e-mail response to The Indian Express, the PHFI spokesperson said, “PHFI has received notification from the Ministry of Home Affairs (MHA) — FCRA Wing regarding the renewal of its FCRA Registration. Certain observations have been made by the Ministry on utilisation of funds related to PHFI’s projects on tobacco, HIV/AIDS and its financial reports. PHFI has submitted the requisite information and documents to the MHA on the observations raised in the notification and provided the needed clarifications…PHFI is seeking an early resolution of the issue and continuation of the FCRA registration, based on the clarifications provided.”

Reddy was quoted by PTI as saying: “We have submitted all relevant documents and information to the ministry and are now waiting for a response.” According to the PHFI’s website, the chairman of the executive committee of its governing body is Infosys founder N R Narayana Murthy and members include former deputy chairman of Planning Commission Montek Singh Ahluwalia and Health Secretary C K Mishra. The website claims that several Central departments and state governments of Gujarat, Telangana, Odisha, Meghalaya, Karnataka and Delhi as collaborators along with a range of academic institutions in India and overseas including WHO, World Bank, All India Institute of Hygiene and Public Health and the National Human Rights Commission.

After the NDA government came to power in May 2014, FCRA licenses of around 20,000 NGOs have been cancelled by the Home Ministry. Of these, the FCRA licenses of over 9,500 NGOs were cancelled in 2015. Among them were senior advocate and former Additional Solicitor General (ASG) Indira Jaising’s NGO, Lawyers Collective (LC), Greenpeace, and Teesta Setalvad-run Sabrang trust.

The Home Ministry also toughened its stand in the case of Compassion International (CI), the Colorado-based child rights donor agency and despite US pressure refused to remove it from the prior permission category. Last year, three US NGOs George Soros-run Open Society Foundation; World Movement for Democracy and National Endowment for Democracy (NED) were put under prior permission category.

For all the latest India News, download Indian Express App now </s> The Ministry of Home Affairs has barred Delhi-based NGO Public Health Foundation of India (PHFI) from receiving foreign funds for violating Foreign Contribution (Regulation) Act. Bill and Melinda Gates Foundation, the largest transparently operated private foundation in the world, is reported to be one of the biggest donors to the NGO.

PHFI, which is registered under FCRA, aims at strengthening training, research and policy development in public health spheres ranging from HIV prevention, access to drugs, tobacco control and immunization to environmental health, universal health coverage, public health cadre development and capacity building of primary care physicians.

According to reports, MHA took the step after they found that PHFI was allegedly violating provisions of FCRA by "diverting" foreign funds for purposes other than those the money was intended for.

PHFI has also been accused of lobbying with parliamentarians and media for the anti-tobacco lobby. Moreover, it has also been alleged that PHFI had also opened bank accounts which the ministry was not aware of. "Misreported" foreign donations were reportedly deposited in these accounts over the past three years.

Meanwhile, PHFI has said that the issue will be resolved soon. "PHFI has received notification from the Ministry of Home Affairs (MHA) — FCRA Wing regarding the renewal of its FCRA registration. Certain observations have been made by the Ministry on utilisation of funds related to PHFI's projects on tobacco, HIV/AIDS and its financial reports," a PHFI spokesperson told Indian Express.

The spokesperson also said that PHFI has submitted requisite information and documents to MHA on the observations highlighted in the notification and has already provided the needed clarification. "PHFI is seeking an early resolution of the issue and continuation of the FCRA registration, based on the clarifications provided," said the spokesperson.

"We have submitted all relevant documents and information to the ministry and are now waiting for a response," said K Srinath Reddy, a noted public health expert who heads PHFI. </s> Pakistan has amended its anti-terrorism law that authorizes the government to blacklist charities linked to Islamist leader Hafiz Saeed.

Two charities run by Saeed — Jamaat-ud-Dawa (JuD) and the Falah-e-Insaniat Foundation (FIF) — have been outlawed by the U.N. Security Council for being "terrorist fronts" for Lashkar-e-Taiba, a group Saeed founded 30 years ago that has been blamed for the 2008 deadly attacks in India's financial capital of Mumbai.

Pakistani President Mamnoon Hussain last week quietly approved the amendments to the law, which the government only made public Monday.

Until now, the organizations sanctioned by the U.N. Security Council were not automatically listed as terrorist entities in Pakistan, enabling JuD and FIF to conduct their charity-related activities around the country and collect donations.

Islamabad's move comes a week before the Financial Action Task Force (FATF) on terror financing holds a crucial meeting in Paris to assess Pakistan's efforts to choke funding sources to terrorist groups, including those linked to Saeed.

Washington has offered a $10 million reward for bringing Saeed to justice and warned Islamabad of repercussions in November after a Pakistani court freed the cleric from months of house arrest, citing a lack of evidence linking him to the Mumbai attacks.

Saeed has repeatedly denied involvement in the violence and alleges his house arrest was the outcome of U.S. pressure on Pakistan.

The amended anti-terrorism law that was made public would also enable authorities to list two other charities in the country — Al-Akhtar Trust and Al-Rashid Trust — that the U.N. has designated terrorist groups because of their links to al-Qaida.

India has long demanded Pakistan try and punish Saeed for planning the 2008 bloodshed. Islamabad maintains New Delhi has not provided enough evidence to arrest and successfully prosecute the cleric.

Indian authorities allege organizations linked to Saeed are fueling a separatist insurgency in the India-rule portion of the divided Kashmir region.

Bilateral tensions have been running high between the two nuclear-armed rival nations.

Following the latest deadly militant attack against an army base in the disputed region over the weekend, Indian Defense Minister Nirmala Sitharaman warned Monday that Pakistan "will have to pay for the misadventure."

Islamabad rejected India's allegations of Pakistani involvement in the attack. In a statement, the Foreign Ministry urged New Delhi to "refrain from any misadventure" across the de facto Kashmir border. </s> A federal judge issued a nationwide injunction Thursday, temporarily blocking the Trump administration from imposing new anti-abortion restrictions on the use of federal family planning funds designed to assist 4 million low-income women.

The rule, promulgated in March by the Department of Health and Human Services, would have barred programs receiving the money from saying or doing anything to advise or assist a patient about securing an abortion. Critics called it a “gag rule.”

Groups receiving money under the Title X program, roughly $286 million annually, were already prohibited from performing abortions with those funds. But under the new rule, they could no longer refer a patient for an abortion andwould also have to maintain a”clear physical and financial separation” between services funded by the government and abortion services or referrals.

Planned Parenthood, a regular target of the President Donald Trump and HHS, would have been particularly hard hit as the nation’s single largest provider of reproductive health services.

U.S. District Judge Stanley Bastian in Yakima, Washington, granted a preliminary injunction in response to lawsuits from the state of Washington and the National Family Planning and Reproductive Health Association, among others. The order was nationwide in scope, barring HHS from implementing the administration’s rule entirely and preserving the status quo.

Bastian said the restrictions were likely violations of the funding law, the Affordable Care Act and were “arbitrary and capricious” under the Administrative Procedure Act.

“It reverses long-standing positions of the Department without proper consideration of sound medical opinions and the economic and non-economic consequences,” he wrote.

The challengers, he said, have demonstrated that the rule “likely violates the central purpose of Title X, which is to equalize access to comprehensive, evidence-based, and voluntary family planning.”

In a particularly scathing passage, Bastian wrote that the rule likely “creates unreasonable barriers for patients to obtain appropriate medical care; impedes timely access to health care services; interferes with communications regarding a full range of treatment options between the patient and their health care provider; restricts the ability of health care providers to provide full disclosure of all relevant information to patients” and “violates the principles of informed consent and the ethical standards of health care professions.”

He scolded HHS for offering “no reasoned analysis” for changing the long-standing rule.

The administration said the restrictions were justified by a 1988 Supreme Court ruling in Rust v. Sullivan upholding a gag rule on counseling under the family planning program. But Bastian said the law and regulations had been changed since then, making the government’s position some 30 years later out of date.

Washington state Attorney General Bob Ferguson, who brought the case, said the ruling “ensures that clinics across the nation can remain open and continue to provide quality, unbiased health care to women. Title X clinics, such as Planned Parenthood, provide essential services — now they can keep serving women while we continue to fight to keep the federal government out of the exam room.”

Earlier this week, a federal judge in Oregon, Michael McShane, said he would issue an order against HHS as well, in a challenge brought by a group of 20 states and the American Medical Association. He indicated that his injunction might be narrow, however.

Both judges are appointees of President Barack Obama.

The decisions do not resolve the legal merits of the cases, but are based on the judges’ determination that the challengers are likely to prevail on the merits after a trial and that, in the meantime, allowing the restrictions to take effect would cause “irreparable harm” to the programs and those they serve.

“This is a major victory for millions of Americans whose healthcare is at stake under President Trump’s dangerous and legally indefensible gag rule,” Washington Gov. Jay Inslee said in a statement.

Clare Coleman, president of the National Family Planning and Reproductive Health Association, said the rule would have “cut off access to contraception and sexual health care for millions. Today’s decision sends a message to this administration that it will not get away with making harmful changes to the nation’s family planning program, at the expense of people’s health care,” she said.

A spokeswoman for HHS said the agency does not comment on pending litigation.
• McConnell will seek to raise tobacco minimum age to 21 The decision was one of at least 70 court defeats for the Trump administration since it took office, by a Washington Post count.

Some of those earlier cases also involved efforts to cut off funding to Planned Parenthood counseling programs aimed at helping teenage girls avoid pregnancy. </s> ISLAMABAD >> Amid increasing pressure from the international community, Pakistan on Wednesday began seizing assets and funds belonging to Islamic charities linked to a radical cleric wanted by the U.S., officials said.

It was the first step against Hafiz Saeed since he was freed by Pakistani authorities in November on a court order. He is the founder of the militant Lashkar-e-Taiba group, which was blamed for the 2008 Mumbai attacks that killed 166 people.

His release drew criticism from both Washington and neighboring India at the time.

Pakistan’s Interior Ministry issued a notification on Wednesday requiring authorities to immediately seize the assets of Saeed’s Jamaat-ud-Dawa organization and Falah-e-Insaniat Foundation.

Jamaat-ud-Dawa is believed to be a front for Lashker-e-Taiba. The United States has offered a $10 million reward for his arrest.

Saeed denies involvement in the Mumbai attacks and claims his charities are only under a U.N. watch list.

The move came a day after Pakistan’s Cabinet approved new rules in an effort to tighten the noose around outlawed extremist and militant organizations and seize their financial assets. The step was taken after Pakistan issued an ordinance, amending a decades-old anti-terrorism law, to allow authorities to act against outlawed charities, groups or individuals listed by the U.N. Security Council.

Two government officials said they seized health facilities, schools and ambulances of two Saeed charities and renamed them instead of shutting them down. The officials spoke on condition of anonymity as they were not authorized to speak to media on the record.

Yahya Mujahid, spokesman for Saeed and his charity, angrily reacted to the seizing of assets and funds by the government, claiming the move was aimed at appeasing the United States.

In a statement, he said the government move could badly affect their charities’ welfare work and deprive many people of work. He vowed to fight the government in court and insisted Saeed had been kept under house arrest without any justification in the past.

He asked supporters to exercise restraint in reaction to the decision after confirming the government was seizing their hospitals, schools, ambulances and others assets across the country.

Saeed is known for publicly supporting militant groups fighting Indian rule in Kashmir, which is split between Pakistan and India and is claimed by both. Many in the Indian-controlled portion favor independence or a merger with Pakistan and violence has increased in Indian-controlled Kashmir in recent years. </s> During his five-year tenure as President, Pranab Mukherjee withheld assent to 18 state legislation, many of them overlapping with central Acts, according to data available with the Ministry of Home Affairs (MHA). But newly sworn-in President Ram Nath Kovind won’t have any pending mercy pleas as Mukherjee, during his tenure, rejected 30 mercy petitions, including that of terror convicts Yakub Memon, Ajmal Kasab and Afzal Guru. Records also reveal that 15 state Bills were returned by the President’s Secretariat “with a message” to the Assembly concerned, suggesting changes.

Under Article 111 of the Constitution, while considering the Bills, the President shall declare either that he assents to the Bill, or that he withholds assent or return the Bill if it is not a Money Bill with a message requesting the House to reconsider it. Among the Bills which the President’s secretariat withheld assent to are the Protection of Manipur People Bill, 2015. The Bill cleared by the then Congress government in the state was withheld on the advice of the Centre. Similarly, the Sikkim Promotion of Local Employment Bill, which aims to put an obligation on the private sector operating in the state to provide 95 per cent employment to locals, was also withheld.

The Bills for which assent was withheld also include the Delhi government’s Code of Criminal Procedure (Delhi Amendment) Bill 2015 and the Delhi Member of Legislative Assembly (removal of disqualification) (amendment) Bill, said officials. Among the Bills which were returned to Assembly by Mukherjee is Delhi (Right of Citizen to Time Bound Delivery of Services) Amendment Bill 2015.

Interestingly, a Bill from Bihar, The Sugarcane (Regulation) of Supply and Purchase Amendment Bill, which was approved by President Kovind as Governor, was returned by Mukherjee “with a message” on January 5, 2017, according to the Home Ministry. Another Bill from Bihar for which Mukherjee withheld assent was the Code of Criminal Procedure (Bihar Amendment) Bill, 2011. Out of the 18 Bills for which assent was withheld, six were from NDA-ruled states, including the Stamp Bill from Madhya Pradesh and the Criminal Law (Madhya Pradesh Amendment) Bill, 2014.

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The Government of India revokes the Public Health Foundation of India's registration, allegedly for foreign-funded lobbying practices.