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OCI Rights: Supreme Court Urges 'Higher Echelons' To Examine 2021 MHA Notification Considering Impact On Indian Diaspora

 


The Supreme Court of India has called on “higher echelons” – the Ministry of Home Affairs and the Cabinet of Ministers – to review the 2021 MHA Notification and consider its impact on the Indian diaspora. The notification allowed for the Overseas Citizen of India (OCI) cardholders to be granted the same rights and privileges enjoyed by Indian citizens across various fields such as career opportunities, education, medical, and self-employment.


The court argued that it was important for the government to consider the implications of the notification for members of the Indian diaspora, noting that OCI cardholders wouldn’t be in a position to take advantage of the full range of opportunities available to citizens of India. The Court also asked the government to consider specific measures to ensure that OCI cardholders receive equal treatment in comparison to Indian citizens when it comes to finding employment.


The court opined that while the MHA Notification granted OCI cardholders certain rights and privileges, it was “important to simultaneously consider granting the same rights to OCI cardholders…as have been given to citizens of India”. 


The Court also asked the government to consider measures to ensure that the notification does not hamper the Indian diaspora’s economic prospects, such as allowing for more internships for OCI cardholders, providing assistance with permits and visas, as well as introducing stipends or other incentives for OCI cardholders. 


The Court’s order provides a clear indication of how seriously the Indian government takes the concerns of the diaspora, and the importance it accords to their economic and social rights. It is a much-needed recognition of the Indian diaspora’s contributions to the nation. It is hoped that the government will take all necessary steps to ensure that OCI cardholders receive equal treatment as Indian citizens when it comes to accessing India’s opportunities and benefits. 

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