A recent notification from the Union Home Ministry, with some changes to the overseas citizen of India (OCI) card, which is a lifelong visa facility given to people of Indian origin, has ruffled feathers among Indians overseas. While the home ministry has said that the new set of guidelines for OCI cardholders, in its notification last week, are a consolidated list of earlier notifications, with some clarifications; many feel that certain privileges that had been extended to people of Indian origin as a goodwill gesture in 2005, are now being snatched away.
The new notifications are being seen by some as a step backward from granting dual citizenship to people of Indian origin who are citizens of foreign countries. “India does not grant dual citizenship. The OCI card is, in fact, designed to be the closest appropriation of dual citizenship within the framework of the Indian Constitution,” explains R. Dayakar, a retired diplomat who headed the Ministry of External Affairs’ (MEA) NRI/PIO division. While the USA allows dual citizenship for its citizens, there are several countries, such as India, that don’t. “There are several people of Indian origin living in countries where dual citizenship is not permitted and the concept itself is frowned upon as disloyalty to the government. The PIOs in those countries feel connected to India culturally and emotionally and appreciate the privilege of the OCI card,” he adds.
While the OCI card provides a multiple entry lifelong visa for any purpose to its holders; they also have parity with non-resident Indians with regard to all facilities available to them in the economic, financial and educational fields, barring matters relating to the acquisition of agricultural or plantation properties.
According to the new notification, all OCI cardholders are required to take a special permission from the Indian government if they want to be involved in any missionary, Tabligh, mountaineering, research or journalistic activities in the country. It is also necessary for OCI cardholders to take a special permission to undertake internship in any foreign diplomatic missions or foreign government organisations in India or to visit a protected, restricted or prohibited areas as notified by the central government.
“Special permission of the Indian government to the OCI cardholders was already required for some of these activities such as research work in India, journalism and Tabligh activities under earlier regulations. However, a few new categories have now been added to that list,” says Mumbai-based lawyer Poorvi Chothani.
The recent move by the Indian government to curtail privileges granted to OCI cardholders probably comes in the wake of certain specific instances. “There are several instances, where OCI cardholders have approached the courts to exercise their privileges, especially with regard to admission into institutes of higher education, research and for journalistic activities. In some cases, OCI card holders have been employed at diplomatic posts as interns, something that was not envisaged under the earlier OCI regulations,” Chothani said. Another legal expert, not willing to be named, felt that the recent Ministry of Home Affairs (MHA) notification was meant to plug some loopholes in the OCI card scheme, and became necessary because of specific cases relating to fourth and fifth generation people of Indian origin and spouses of OCI cardholders, who were not PIOs themselves but entitled to the cards.
The MHA notification has, meanwhile, brought OCI cardholders on par with NRIs on the issue of inter-country adoption of Indian children; appearing in the all-India entrance tests such as National Eligibility cum Entrance Test (NEET), Joint Entrance Examination (JEE) (Mains) and JEE (Advanced), making them eligible for admission to NRI seats. However, OCI cardholders will be charged entry fees for visiting national parks, wildlife sanctuaries, national monuments, historical sites and museums in India, under the new rules.
The new notifications are being seen by some as a step backward from granting dual citizenship to people of Indian origin who are citizens of foreign countries. “India does not grant dual citizenship. The OCI card is, in fact, designed to be the closest appropriation of dual citizenship within the framework of the Indian Constitution,” explains R. Dayakar, a retired diplomat who headed the Ministry of External Affairs’ (MEA) NRI/PIO division. While the USA allows dual citizenship for its citizens, there are several countries, such as India, that don’t. “There are several people of Indian origin living in countries where dual citizenship is not permitted and the concept itself is frowned upon as disloyalty to the government. The PIOs in those countries feel connected to India culturally and emotionally and appreciate the privilege of the OCI card,” he adds.
While the OCI card provides a multiple entry lifelong visa for any purpose to its holders; they also have parity with non-resident Indians with regard to all facilities available to them in the economic, financial and educational fields, barring matters relating to the acquisition of agricultural or plantation properties.
According to the new notification, all OCI cardholders are required to take a special permission from the Indian government if they want to be involved in any missionary, Tabligh, mountaineering, research or journalistic activities in the country. It is also necessary for OCI cardholders to take a special permission to undertake internship in any foreign diplomatic missions or foreign government organisations in India or to visit a protected, restricted or prohibited areas as notified by the central government.
“Special permission of the Indian government to the OCI cardholders was already required for some of these activities such as research work in India, journalism and Tabligh activities under earlier regulations. However, a few new categories have now been added to that list,” says Mumbai-based lawyer Poorvi Chothani.
The recent move by the Indian government to curtail privileges granted to OCI cardholders probably comes in the wake of certain specific instances. “There are several instances, where OCI cardholders have approached the courts to exercise their privileges, especially with regard to admission into institutes of higher education, research and for journalistic activities. In some cases, OCI card holders have been employed at diplomatic posts as interns, something that was not envisaged under the earlier OCI regulations,” Chothani said. Another legal expert, not willing to be named, felt that the recent Ministry of Home Affairs (MHA) notification was meant to plug some loopholes in the OCI card scheme, and became necessary because of specific cases relating to fourth and fifth generation people of Indian origin and spouses of OCI cardholders, who were not PIOs themselves but entitled to the cards.
The MHA notification has, meanwhile, brought OCI cardholders on par with NRIs on the issue of inter-country adoption of Indian children; appearing in the all-India entrance tests such as National Eligibility cum Entrance Test (NEET), Joint Entrance Examination (JEE) (Mains) and JEE (Advanced), making them eligible for admission to NRI seats. However, OCI cardholders will be charged entry fees for visiting national parks, wildlife sanctuaries, national monuments, historical sites and museums in India, under the new rules.
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