Fresh notification introduces stricter rules for cancellation of Overseas Citizen of India status
In a major policy shift, the Ministry of Home Affairs (MHA) has announced that OCI registrations will now be liable for cancellation if the cardholder is convicted of a serious criminal offence or formally charge-sheeted in grave cases. The move, issued through a gazette notification under clause (da) of Section 7D of the Citizenship Act, 1955, significantly tightens the framework governing Overseas Citizens of India, reported gujaratsamachar.com.
OCI cardholders convicted or charge-sheeted in grave cases risk losing registration.
According to the notification, two key conditions will trigger cancellation:
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If an OCI cardholder is sentenced to imprisonment for two years or more.
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If the cardholder is charge-sheeted in an offence carrying a punishment of seven years or more
The OCI scheme, launched in August 2005, grants long-term residency and multiple-entry benefits to foreign nationals of Indian origin. It allows them to travel to India without a visa. Eligibility extends to those who were Indian citizens on or after January 26, 1950, or were eligible to become citizens on that date. However, individuals who are or have been citizens of Pakistan, Bangladesh, or other countries specified by the government remain ineligible.
Legal implications and concerns
The new rules reflect the government’s stance on aligning OCI privileges with stricter legal and moral accountability. While conviction has always been a valid ground for cancellation, the inclusion of charge-sheeting before judicial determination has sparked debate among legal experts, who warn it could raise due process concerns and risks of misuse.
The changes are expected to impact OCI holders facing serious criminal charges, including financial fraud, organised crime, and other major offences under Indian penal laws.