New notification by the Ministry of Home Affairs dated March 04, 2021 stated the OCI Cardholder (including a PIO cardholder) is a foreign national holding passport of a foreign country and is not a citizen of India. The notification introduces a series of new restrictions that dramatically curtails the rights and liberties of OCIs in India.

“Non-Resident Indian” shall have the same meaning as assigned to it in the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2018 made by the Reserve Bank of India under the Foreign Exchange Management Act, 1999 (42 of 1999) and who fulfils the “Non-Resident Indian” status as per the Income Tax Act, 1961 (43 of 1961).  This reverses the position that has held for the last 16 years wherein OCIs were equated to Non-Resident Indians rather than “foreign nationals” for the purposes of their economic, financial and educational rights.

These restrictions include a requirement for OCIs to secure a special permit to undertake “any research”, to undertake any “missionary” ,”mountaineering” or “Tablighi” or “journalistic activities” or to visit any area in India notified as “protected”, “restricted” or “prohibited”.

OCIs can however continue to purchase land (other than agricultural land), pursue the profession of medicine, law, architecture and accountancy and seek parity with Indian citizens with regard to airfares and entry fee to monuments and parks. OCIs can also continue to seek enrolment in Indian educational institutions on par with NRIs but not for seats reserved exclusively for Indian citizens.