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Concerns of Overseas Citizens of India (OCI)

INDIAN CONSTITUTION
09 Jan, 2023

NEWS HIGHLIGHT 

 

Theme : Polity & Indian Constitution.
Paper:GS-2

 

The Government will observe the 17th Pravasi Bhartiya Divas (PBD) in Indore, Madhya Pradesh. The day is meant to celebrate the contributions of India’s diaspora. The theme for this year’s event is, “Diaspora: Reliable Partners for India’s Progress in Amrit Kaal”

 

 

TABLE OF CONTENT

  1. Context
  2. Pravasi Bhartiya Diwas
  3. OCIs
  4. Concerns of OCIs
  5. Ambiguities about the downgrading of OCI status
  6. Road Ahead

Context : The Government will observe the 17th Pravasi Bhartiya Divas (PBD) in Indore, Madhya Pradesh. The day is meant to celebrate the contributions of India’s diaspora. The theme for this year’s event is, “Diaspora: Reliable Partners for India’s Progress in Amrit Kaal”

Pravasi Bhartiya Diwas :

  • Pravasi Bhartiya Divas (Non-Resident Indian Day) is a celebratory day observed (starting in 2003) on 9 January by the Republic of India to mark the contribution of the overseas Indian community towards the development of India.
  • The day commemorates the return of Mahatma Gandhi from South Africa to Mumbai on 9 January 1915.

OCIs : 

  • OCI are not citizens: Overseas Citizenship of India is a form of permanent residency available to people of Indian origin and their spouses which allows them to live and work in India indefinitely. Despite its name, OCI status is not citizenship and does not grant the right to vote in Indian elections or hold public office.
  • It can be revoked: The Indian government can revoke OCI status in a wide variety of circumstances. As of 2020, there are 6 million holders of OCI cards among the Indian Overseas diaspora.

Concerns of OCIs : 

  • Scheme for dual citizenship: Originally conceptualized in 2003 by the then NDA government led by Prime Minister Atal Bihari Vajpayee, the OCI scheme was envisaged as a dual-citizenship project.
  • All rights of citizens of India: OCIs would enjoy all rights as normal citizens except the right to hold public office and cast their vote.
  • Citizenship to OCI from certain countries: The Vajpayee government introduced the Citizenship (Amendment) Bill, 2003 in Parliament. The statement accompanying the Bill, that was passed by Parliament in December that year clearly stated that it was meant to provide dual citizenship to persons of Indian origin from certain countries.
  • Present government Downgraded OCI status: Nearly two decades later, the Union Home Ministry is downgrading the OCI scheme from dual-citizenship to virtually a residency permit scheme. The ministry’s statements in circulars and courts declaring that OCIs are not Indian citizens and that they would not enjoy any fundamental rights under the Indian Constitution have been particularly disheartening.

Ambiguities about the downgrading of OCI status : 

  • Confusion over rights: There is considerable legal confusion about the status of OCIs. Can they practice certain professions like journalism without prior government permission? Do contributions by OCIs residing in India to charities/schools violate the country’s laws?
  • Problem in donation: During the pandemic, resident OCIs had to ensure their donations went only to NGOs that had FCRA clearance. As a result, many local level initiatives could not be supported with their monetary contributions.
  • Confusion over the status: Very often OCIs have been confronted with remarks, including at courts, that we are foreigners in India. Unlike several other countries, the Indian Constitution does not have exhaustive provisions on citizenship.

Road Ahead : 

  • Vasudhaiva kutumbakam philosophy: The Government of India announced that India’s Presidency of G20 will be grounded in the principles of “Vasudhaiva kutumbakam” wherein the entire world is considered as one family.
  • Push to Mobility for diaspora: Hopefully such political homilies are reflected in the way the government thinks about the idea of citizenship in relation to the increasingly mobile Indian diaspora.

FAQs : 

  1. Who are OCIs?

ANS. 

  • OCI are not citizens: Overseas Citizenship of India is a form of permanent residency available to people of Indian origin and their spouses which allows them to live and work in India indefinitely. Despite its name, OCI status is not citizenship and does not grant the right to vote in Indian elections or hold public office.
  • It can be revoked: The Indian government can revoke OCI status in a wide variety of circumstances. As of 2020, there are 6 million holders of OCI cards among the Indian Overseas diaspora.

  1. When is Pravasi Bhartiya Divas celebrated ?

ANS. Pravasi Bhartiya Divas (Non-Resident Indian Day) is a celebratory day observed (starting in 2003) on 9 January by the Republic of India to mark the contribution of the overseas Indian community towards the development of India. The day commemorates the return of Mahatma Gandhi from South Africa to Mumbai on 9 January 1915.