The Ministry of Home Affairs, vide notification dated, 4th March 2021, defined the rights of the Overseas Citizen of India – cardholder (OCI).
It has mandated that every OCI:
- Would require a special permission or special permit from a competent authority, or, Foreign Regional Registration Office (FRRO) or the Indian Mission concerned.
- This will be needed for the following activities:
- Undertake research,
- To undertake any Missionary or Tabligh or Mountaineering or Journalistic activities,
- To undertake internship in any foreign Diplomatic Missions or foreign Government organisations in India or to take up employment in any foreign Diplomatic Missions in India;
- To visit any place which falls within the Protected or Restricted or prohibited areas as notified by the Central Government or competent authority;
- Exemption from FRRO for registration for any length of stay, provided, any change in permanent residential address or occupation is intimated to the FRRO by mail,
- Parity with Indian citizen and NRI in the following matter:
- Tariff in air fares on domestic route,
- Entry fees to monuments, national parks, etc,
- Inter-country adoption of Indian children,
- Entry test only for NRI quota and not for seats demarcated for Indian students,
- Sale or Purchase of property other than agricultural land, farm house or plantation,
- Pursuing the profession of doctors, dentist, nurses and pharmacists, Chartered Accountants, Advocates and Architects,
- In respect of all other economic, financial, educational field, the OCI will be treated as a foreigner and will need to take the required approvals,
This notification does the following:
- Treat an NRI as a foreigner where they don’t fall within the defined parameters according to the activity,
- The purpose of this notification seems to be to align the rules with the government wisdom and hence neutralise the judgements of Delhi High Court, Karnataka High Court.
OCI was introduced with the intent to experiment with dual citizenship and to facilitate the NRI to play an active role in financing development and growth in the country of their origin. That purpose now seems defeated.
We take credit and ownership, with pride, of NRI’s who went abroad and made a name for themselves, academically or professionally. Now we are legislating not to allow them to come and teach (or become Governors of RBI?).
2020 taught us the concept of a borderless world, shared sovereignty and Global Governance, this notification along with the OTT directives does not reflect our intent of opening up of our borders to invite global attention and investment.
