The Ministry of Home Affairs (MHA) recently eased visa and travel restrictions for certain categories of Overseas Citizen of India (OCI) cardholders who were stranded abroad due to the Covid-19 pandemic. This decision came in response to the concerns of several OCIs feeling discriminated against when their ability to fly to India on special government-arranged flights was suspended.
Temporary Suspension of OCI Visa
The lifelong OCI visa was temporarily suspended in March amidst escalating Covid-19 cases. This policy change affected certain groups of OCI card holders, creating difficulties for them to return to India under the Vande Bharat scheme. These groups include minors born to Indian nationals abroad, those needing to return due to family emergencies, couples where one spouse is an OCI cardholder and the other an Indian national residing in India, and university students who are cardholders with parents living in India.
The OCI Scheme
The introduction of the OCI scheme came following a proposal by the Committee on the Indian Diaspora under the chairmanship of L.M. Singhvi in 2002. The scheme recommended the amendment of the Citizenship Act (1955) to grant dual citizenship to Persons of Indian Origin (PIOs) from specific countries.
Following this, the Citizenship (Amendment) Act, 2003, facilitated the acquisition of an OCI by PIOs from 16 specified countries, excluding Pakistan and Bangladesh. Further modifications in the Citizenship (Amendment) Act, 2005, enabled PIOs from all countries, except Pakistan and Bangladesh, to acquire OCI status, provided their home countries permit dual citizenship under their local laws.
Limitations and Rights of OCI
Despite these provisions, it’s essential to note that an OCI is not an actual dual citizenship. The Indian constitution strictly forbids dual citizenship or nationality under Article 9. Therefore, an OCI does not confer political rights to the cardholder.
The registered Overseas Citizens of India are also not entitled to the rights under article 16 of the Indian constitution related to equality of opportunity in matters of public employment.
Changes in Nomenclature
A significant change came with the Citizenship (Amendment) Act, 2015, which replaced the “Overseas Citizen of India” term with “Overseas Citizen of India Cardholder.”
Privileges of an OCI Cardholder
Despite the limitations, the OCI scheme offers certain privileges to cardholders. They include a lifelong visa, exemption from registration with the Foreigners Regional Registration Office, and parity with Non-Resident Indians (NRIs) in economic, financial, and educational fields except for the purchase of agricultural properties, political, and public employment rights.
