Context:
Ministry of Home Affairs (MHA) recently issued a notification strengthening the regulations around Overseas Citizen of India (OCI) cards. The notification was issues by MHA under the Citizenship Act, 1955.
Reasons behind strengthening the regulations:
The tightening of OCI norms appears to be a response to growing concerns over misuse of OCI privileges and national security threats.
· Several recent cases involving OCI holders allegedly engaging in financial fraud, anti-India activities, or criminal offences have prompted the government to act.
· These steps aim to ensure that only law-abiding persons of Indian origin enjoy the benefits of the OCI scheme.
Key Changes in OCI Regulations
According to the notification, the government may cancel the OCI registration of individuals:
- Convicted and sentenced to imprisonment for two years or more, or
- Charge-sheeted for offences carrying punishment of seven years or more.
The new provision, under Section 7D clause (da) of the Citizenship Act, aims to safeguard national security and uphold India’s public order. Section 7D, clause (da) of the Citizenship Act, 1955 allows the government to cancel an OCI card if the holder violates laws or threatens India’s sovereignty, security, or public interest. Due process is ensured, and this clause was introduced via the Citizenship (Amendment) Act, 2019.
About OCI Scheme:
The OCI scheme was introduced in August 2005 years and allows Indian-origin foreign nationals to visit India without a visa.
· Benefits: OCI cards offer various privileges such as lifelong, multiple-entry visas, economic and educational benefits, and ease of residing and working in India. However, OCI holders cannot vote, contest elections, or hold constitutional posts.
· Eligibility: The scheme is open to individuals of Indian origin who were citizens of India on or after January 26, 1950, or were eligible to become citizens of India on that date, excluding citizens of Pakistan, Bangladesh, and other countries specified by the central government
Conclusion:
With the new rules, OCI cardholders convicted or charge-sheeted for serious crimes may lose their OCI status, impacting their long-term connection with India.
