BJP leader Kirit Somaiya asked Mumbai Police to deport actor Imran Khan for joining a protest supporting the Cockroach Janta Party. Somaiya claimed Khan is a foreign citizen and violated OCI rules. While OCI cardholders have many privileges, they are foreign nationals and do not have full political rights here.
Can an Overseas Citizen of India (OCI) cardholder join a political protest in India? Can the police seek their deportation for doing so? These questions have come into focus after BJP leader Kirit Somaiya wrote to Mumbai Police seeking the detention and deportation of actor Imran Khan for joining a protest supporting the Cockroach Janta Party. Somaiya alleged that Khan was a foreign citizen and questioned whether his participation violated OCI rules and visa conditions. But does the law bar OCI cardholders from taking part in protests, and what are the grounds on which action can be taken against them?
Q) What is an OCI card?
The OCI scheme was introduced in 2005 for eligible people of Indian origin who hold foreign citizenship. Despite its name, an OCI card does not confer Indian citizenship.
OCI cardholders are foreign nationals who enjoy certain privileges, including a lifelong, multiple entry visa to India, subject to applicable rules. They also receive specified benefits relating to education, property and certain professional activities.
However, they cannot vote in Indian elections, contest elections to Parliament or state legislatures, or claim other political rights reserved for Indian citizens.
The rights and restrictions governing OCI cardholders are set out in the Citizenship Act, 1955, and the rules and notifications issued by the Centre.
Q) Can OCI cardholders participate in protests?
The OCI rules do not expressly list attending a public protest as an activity for which every cardholder must obtain prior special permission. But this does not mean that all forms of political activity are automatically permitted.
Under Section 7B of the Citizenship Act, OCI cardholders are not entitled to specified rights available to Indian citizens. The restrictions on voting and elected office, however, do not by themselves establish that simply attending a protest is illegal.
Q) What about freedom of speech and assembly?
Article 19 of the Constitution guarantees citizens the right to freedom of speech and expression and the right to assemble peacefully and without arms, subject to reasonable restrictions.
These guarantees are specifically available to Indian citizens. An OCI cardholder, as a foreign national, cannot claim them on the same basis as a citizen.
Q) Can an OCI cardholder be detained or deported?
An OCI cardholder remains a foreign national and is subject to Indian laws governing foreigners and immigration.
Section 7D of the Citizenship Act provides for cancellation of OCI registration on specified grounds. The law includes grounds relating to sovereignty and security, among others.
A complaint to the police or an allegation of a visa violation does not, by itself, establish that an offence has been committed or that deportation is justified.