Bollywood actor Imran Khan was recently asked to leave India by October 28 for participating in a protest against the Chief Election Commissioner, Gyanesh Kumar, in Mumbai. The actor is an American Citizen and is also an Overseas Citizen of India (OCI) cardholder. This brought up the restrictions and permissions that the cardholders have, particularly their participation in political activities.
What Is An OCI Card?
The Overseas Citizenship of India scheme was introduced in 2005 and was eligible for people of Indian origin who have foreign citizenship. The idea was to give members of the Indian diaspora certain privileges to live, visit, and do certain activities in India. It is important to note that this does not provide dual citizenship and that an OCI cardholder still remains a foreign national and has the passport of some other country. These cardholders do not have Indian citizenship or the full rights that are enjoyed by Indian citizens. As per the Ministry of External Affairs (MEA), they are entitled to a multiple-entry visa to visit India and are excluded from registration with the Foreigners Registration Office (FRO) for any lengthy stay. But certain activities still require special permissions from the authorities.
OCI cardholders enjoy several rights, like the right to visit India many times without applying for a visa every time. They also receive benefits with NRIs in specific economic, educational, and financial matters, subject to applicable laws. Cardholders are not restricted from buying agricultural land, plantation properties, or farmhouses in India, subject to applicable legal provisions. The framework does not specifically prohibit an OCI cardholder from attending public protests. However, they are still foreign nationals and do not have all the fundamental rights as an Indian Citizen.
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The protections of Article 19, which guarantees citizens’ right to freedom of speech and expression and to assemble peacefully without arms, are not available to foreign nationals in the same manner. But the legality of Khan’s participation would depend on the visa conditions, the circumstances of the event and the grounds of the authorities.
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