MUMBAI: A notice issued by Mumbai Police to actor Imran Khan asking him to leave India has brought renewed attention to the rights and restrictions applicable to Overseas Citizen of India (OCI) card holders, particularly their participation in political demonstrations.
The action followed Khan’s participation in a protest backed by the Cockroach Janata Party (CJP) at Mumbai’s August Kranti Maidan on October 10. The demonstration called for the resignation of Chief Election Commissioner Gyanesh Kumar over allegations of electoral fraud. The police action was taken under the relevant provisions of the Immigration and Foreigners Act, following demands for action from BJP leader Kiriti Somaiya.
Can OCI Card Holders Join Protests?
OCI card holders are foreign nationals who enjoy several privileges in India, including a lifelong, multiple entry visa, subject to applicable rules. However, OCI status does not grant the full political rights available to Indian citizens.
Under Section 7B of the Citizenship Act, 1955, OCI card holders are not entitled to rights such as voting in elections or holding constitutional and public offices. They also remain subject to Indian laws governing foreigners and immigration.
The legal position on attending protests is more nuanced. OCI status does not, by itself, establish a blanket prohibition on attending every public gathering. However, participation in a demonstration may raise legal concerns depending on the circumstances, applicable restrictions and the person’s conduct. Simply being present in a crowd does not automatically establish a criminal offence.
When Can OCI Status Be Cancelled?
The government can cancel OCI registration on specified grounds under Section 7D of the Citizenship Act. These include circumstances involving fraud during registration, specified criminal convictions and actions considered prejudicial to India’s sovereignty, security or national interests, subject to the applicable legal requirements.
In 2019, author Aatish Taseer’s OCI registration was cancelled after the government stated that he had withheld information concerning his late father’s Pakistani origin.
What Is the OCI Scheme?
Introduced in 2006 through amendments to the Citizenship Act, the OCI scheme provides eligible people of Indian origin with certain residency and other privileges. It excludes individuals who are or have been citizens of Pakistan, Bangladesh and other countries notified by the government.
OCI status is not equivalent to dual citizenship. Holders remain foreign nationals and must comply with Indian laws and the conditions attached to their status.
The controversy surrounding Imran Khan has therefore highlighted the distinction between the privileges enjoyed by OCI card holders and the restrictions they must follow while residing in India.
