Mumbai Police’s notice to actor Imran Khan asking him to leave India has brought his status as an Overseas Indian into focus. The notice comes days after Khan participated in a Cockroach Janata Party (CJP)-backed protest at Mumbai’s August Kranti Maidan on October 10 where protesters demanded resignation of Chief Election Commissioners Gyanesh Kumar over allegations of electoral fraud. Police said the action has been taken under the relevant provision of the Immigration and Foreigners Act. BJP leader Kiriti Somaiya had demanded action against Khan.
Are OCIs Allowed To Take Part In Protests?
OCI card holders are foreign nationals who enjoy certain privileges, including a life-long, multiple entry visa to India, subject to applicable rules. They also receive specified benefits relating to education, property and certain professional activities.
But under Section 7B of the Citizenship Act, the OCI status does not confer political rights such as voting, holding public office and other things, which are conferred to Indian citizens as part of fundamental rights under Article 19 of the Constitution.
Absence Of A Blanket Ban
An OCI status does not explicitly list attending a generic public gathering or protest as an automatic per se violation. Simply standing in a crowd or being present does not inherently establish a criminal offense.
An OCI card holder, despite not being a full citizen, is subject to Indian laws governing foreigners and immigration.
A person’s OCI status can be cancelled on specified grounds, including sovereignty and security, under Section 7D of the Citizenship Act. In 2019, author Aatish Taseer’s OCI card was cancelled by the home ministry on the ground that he had suppressed information that his late father was of Pakistani origin.
What Is The OCI Scheme?
The scheme was launched during the Pravasi Bharatiya Divas convention 2006 at Hyderabad, by amending the Citizenship Act, 1955.
It provides for registration as Overseas Citizen of India (OCI) of all Persons of Indian Origin (PIOs) who were citizens of India on January 26, 1950, or thereafter or were eligible to become citizens of India on January 26, 1950, except who is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify.
OCI is not to be misconstrued as dual citizenship and its holders are considered foreign nationals.
