OCI, holders too have the right to freedom of speech and equality: Delhi High Court

In a welcome development for NRIs, the Delhi High Court has said that Overseas Citizens of India (OCI) appear to enjoy the fundamental rights of equality before law and freedom of speech and expression in the same way as any other Indian citizen does, reports Legal India.

The court’s observation came while asking the Center to place before it the material based on which the OCI registration of Dr Christo Thomas Philip of Texas was canceled.

Under Article 14 (equality before law) and 19 (freedom of speech and expression) of the Constitution of India which are guaranteed to the citizen of India also appear to be extended to an OCI card holder, Justice Vibhu Bakhru said.

The OCI Card of Dr Christo Thomas Philip was canceled after he spoke in a Christian convention. He challenged the cancellation of the OCI by Houston Consulate alleging missionary activities in Bihar. The speech was termed as missionary activity.

In terms of section 7B (1) of the Citizenship Act, 1955, all rights other than those specified in sub-section (2) of the said section are available to an OCI card holder, attorneys noted.

Following are the restrictions for OCI holders
•Persons registered as OCI have not been given any voting rights; they are not allowed to stand for election to Lok Sabha, Rajya Sabha, and Legislative Assembly/Council.
•They cannot hold constitutional posts such as President, Vice President, and Judge of Supreme Court/High Court etc.
•OCI card holders cannot purchase agricultural or farm lands.