Why now?
British-Indian academic and author Nitasha Kaul, who teaches at the University of Westminster in London, said on Sunday that her Overseas Citizenship of India (OCI) status has been cancelled.
“…[It] has been brought to the notice of the Government of India that you have been found indulging in anti-India activities… Through your numerous inimical writings, speeches and journalistic activities… you regularly target India and its institutions on the matters of India’s sovereignty,” said a letter that the government allegedly sent to Kaul.
Introduced in August 2005, the OCI scheme provides for registration 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 the said date.
An OCI card holder — essentially a foreign passport holder — gets a multiple entry, multi-purpose life-long visa for visiting India, and is exempt from registration with local police authority for any length of stay in the country.
As per government records, there were more than 45 lakh registered OCI card holders in 2023, from 129 countries. The US topped the list with over 16.8 lakh OCI card holders, followed by the UK (9.34 lakh), Australia (4.94 lakh), and Canada (4.18 lakh).
On March 4, 2021, the Ministry of Home Affairs issued a gazette notification amending the rules regarding OCI card holders. These remain in place today.
Most notably, these rules require OCI card holders to seek permission or a permit to visit “protected areas” in India, similar to restrictions applicable on foreign nationals visiting Jammu & Kashmir and Arunachal pradesh.
A series of new restrictions were also introduced, including a requirement for OCIs to secure a special permit to undertake “any research”, to undertake any “missionary” or “Tablighi” or “journalistic activities”, or to visit any area in India notified as “protected”, “restricted” or “prohibited”.
Lastly, the notification put OCIs at par with “foreign nationals” in respect of “all other economic, financial and educational fields” for the purposes of the Foreign Exchange Management Act, 2003 although past circulars by the Reserve Bank of India under FEMA continued to hold ground. This reversed the position wherein OCIs were equated to NRIs for the purposes of their economic, financial and educational rights.
An applicant is not eligible to get an OCI card if his/her parents or grandparents have ever been a citizen of Pakistan or Bangladesh. However, the spouse of foreign origin of a citizen of India or spouse of foreign origin of an OCI, whose marriage has been registered and subsisted for not less than two years, can apply for an OCI card.
Foreign military personnel either in service or retired are also not entitled for grant of OCI.
An OCI card holder is not entitled to vote; to be a member of a Legislative Assembly or of a Legislative Council or of Parliament; to hold Indian constitutional posts such as that of the President, Vice President, Judge of the Supreme Court or High Court. Also, she cannot normally hold employment in the government.