In a significant tightening of the norms governing Overseas Citizens of India (OCI) card holders, the Ministry of Home Affairs has issued a new gazette notification stating that OCI registration is now liable for cancellation under stricter conditions. The new rules target cardholders involved in serious criminal proceedings, aligning the privileges of the card with a higher standard of legal conduct.
According to the new notification, an OCI cardholder’s registration can be revoked under two key circumstances: if they are convicted of an offence that carries a prison sentence of two years or more, or if they are formally charge-sheeted for a crime that has a minimum punishment of seven years. This marks a notable shift, as the inclusion of a charge sheet as grounds for cancellation represents a more stringent approach to legal scrutiny, acting prior to a judicial verdict.
The OCI scheme, launched in 2005, grants foreign nationals of Indian origin the benefits of visa-free travel and long-term residency in India. It is available to individuals who were citizens of India, or were eligible for citizenship, on or after January 26, 1950. However, citizens of countries like Pakistan and Bangladesh are explicitly excluded from the scheme.
The new rules are expected to impact OCI holders facing prosecution for serious crimes, including organised crime and financial fraud. While the provision for cancellation upon conviction has existed previously, legal experts have noted that the inclusion of charge-sheeting, which occurs before a formal judicial determination, may raise concerns about due process and potential misuse of the power to revoke OCI status.