OCI holders Dhruv Rathee and Imran Khan were seized by police while marching in Mumbai on Oct. 10, 2023, a move that rattled the city’s protest scene. The arrests followed their participation in the anti‑SIR demonstration that targeted Chief Election Commissioner Gyanesh Kumar, and they were freed after a few hours.
The Overseas Citizen of India card, issued under Section 7B of the Citizenship Act, 1955, grants a lifelong visa but stops short of conferring Article 19 rights. Foreign nationals, even those with OCI status, cannot legally join in political rallies or influence domestic policy.
Under the Foreigners Act, 1946, authorities can detain, interrogate, or deport OCI holders who step into prohibited political or disruptive conduct. The law gives police the latitude to act when a foreign national is seen “meddling in domestic politics,” a standard that was applied to Rathee and Khan.
The incident also highlighted the gap in OCI regulations: while the act doesn’t explicitly forbid attending a protest, it does forbid participating in political activities. The quick release of Rathee and Khan suggests that the enforcement was aimed at deterrence rather than punitive prosecution, but the event is a stark reminder that OCI holders face significant legal limits when they cross the line from observation to participation.