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Human rights

India Asserts Sovereign Right to Deny Entry to Unwanted OCI Card Holders

Strategic Insights

— 2 min read

India has defended its right to deny entry to Overseas Citizen of India (OCI) card holders deemed undesirable, regardless of a valid visa, in a recent affidavit filed with the Delhi high court. According to the ministry of home affairs, OCI card holders, as foreigners, are subject to the laws of the country and cannot claim fundamental rights like free speech and movement, enshrined under Article 19 of the Constitution of India. The affidavit stated that every country has a sovereign right to refuse entry to individuals it considers undesirable, and that informing about the same is not a matter of right, even with a valid visa.

Key Takeaways:

  • The union ministry of home affairs (MHA) affirmed that India has a sovereign right to deny entry to OCI card holders deemed undesirable, regardless of a valid visa.
  • OCI card holders, as foreigners, are subject to the laws of the country and cannot claim fundamental rights like free speech and movement, enshrined under Article 19 of the Constitution of India.
  • The MHA stated that it has a mandate to inform OCI card holders of activities prohibited under the VISA or OCI guidelines.
  • The Centre's decision to revoke OCI cards cited national security concerns, including malicious activities against Indian institutions in the international arena.
  • Washington-based journalist Raphael Satter's OCI card was revoked in December 2023, and a revision petition was filed in January 2024 but disposed of in May last year.

Statistics:

  • 24-page affidavit filed by the MHA in support of revoking OCI cards.
  • 12 June 2023: Show cause notice served to Raphael Satter.
  • 4 December 2023: Centre revoked Raphael Satter's OCI card.
  • 28 March 2024: Delhi high court permitted Sweden-based professor Ashok Swain's entry, setting aside the decision to revoke his OCI card.
  • January 2024: Revision petition filed by Raphael Satter, disposed of in May last year.

Sources:

  • "India has a sovereign right to refuse entry into its territory to any individual whom it may consider undesirable." (Hindustan Times, 2023)
  • "OCI card holders are foreigners and citizens of another country, they cannot claim the right to free speech, movement and protest under Article 19 of the Indian Constitution." (Hindustan Times, 2023)
  • "The citizens of India are guaranteed fundamental right of speech and free movement under Article 19 of the Constitution of India." (Hindustan Times, 2023)
  • "Every country has a sovereign right to refuse entry into its territory to any individual whom it may consider undesirable and informing about the same in as much as entry into any country's territory is not a matter of right, even if the person holds a valid visa." (Hindustan Times, 2023)

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