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Indian Diaspora: Connecting Cultures & Shaping Global Impact

November 27, 2023 636 0

Introduction to the Indian Diaspora: NRIs, PIOs, and OCIs Connecting Across Continents

The term Indian Diaspora refers to a diverse group of people who can either trace their origins to India or who are Indian citizens living abroad, either temporarily or permanently. It includes Non-Resident Indians (NRIs), Persons of Indian Origin (PIOs) and Overseas Citizens of India (OCI).

Indian Diaspora: Past and Present Stories of Migration, Unity, and Culture

  • Historical Migration Legacy: Indian example of large scale migration began during the British rule as indentured labourers to former colonies like Fiji, Kenya and Malaysia, known as “Girmitiya” people.
  • Global Presence and Influence: The Indian diaspora has been the largest in the world since 2010, and is a powerful resource for India’s government.
  • Unified Status: PIO and OCI card holders were merged under the OCI category in 2015.
  • Cultural Ambassadors: Today the Indian diaspora numbers over 20 million, reflecting the full multiplicity, variety of the rich social, ethnic and cultural tapestry of the land of its origin.

Empowering the Indian Diaspora: Understanding  Overseas Citizen of India (OCI) Privileges, Rights, and Recognition

  • Government held that Overseas Citizen of India (OCI) card holders do not enjoy fundamental rights guaranteed by the Constitution. 
    • The OCI Scheme: It was introduced by amending the Citizenship Act, 1955 in August 2005. 
      • OCI card was conceptualised to give a foreign citizen of Indian origin almost a citizen-like status.
    • Eligibility Criteria for OCI Registration: A foreign national, who was eligible to become citizen of India on 26.01.1950 or was a citizen of India on or at any time after 26.01.1950 or belonged to a territory that became part of India after 15.08.1947—comprising individuals within the Indian Diaspora—is eligible for registration as OCI.
      • Minor children of such persons are also eligible for OCI. 
      • However, if the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI. 
    • Statutory Recognition: OCI has been granted statutory rights under the Citizenship Act, 1955. 
      • Therefore, the nature of  right granted depends on the policy of the Central government. 
    • Parity in Privileges: OCIs enjoy all financial, recreational and other facilities that are available to NRIs.
      • OCI, part of the Indian Diaspora,  is entitled to general parity with Non- Resident Indians (NRIs) in respect of all facilities available to them in economic, financial and educational fields except in matters relating to the acquisition of agricultural or plantation properties. 
      • A registered OCI is granted multiple entry, multipurpose, life-long visa for visiting India. 
      • They get equal economic, financial and educational benefits like NRIs and they can also adopt children.
    • OCI Exemption from FRRO Registration: A registered OCI within the Indian Diaspora is exempted from registration with Foreign Regional Registration Officer (FRRO) or Foreign Registration Officer for any length of stay in India. 

Do You Know?

A person with OCI status within the Indian Diaspora is not an Indian citizen. The person does not have voting rights in India, nor can contest elections or hold any constitutional office.

OCI Benefits in the Indian Diaspora: Routes to Citizenship and Financial Freedom

  • Pathway to Indian Citizenship for OCIs in the Indian Diaspora: Apart from the benefits of PIO, the OCI can attain Indian citizenship and then live in India for a period of one year including short breaks, if they remain an OCI for 5 years.
  • Financial Freedom for OCIs: An OCI card holder can open special bank accounts in India just like NRIs and make investments.
    • They can also buy non-farm property and exercise ownership rights.
  • They apply for a driving license and PAN card.

Do You Know?

Both OCI and PIO cannot vote, hold a government job or purchase agricultural or farm land. They also cannot run for public office or travel to restricted areas without permission.

Indian Diaspora: Boosting India Through Remittances, Charity, and Positive Change

  • Remittances as a Key Advantage: One of the greatest benefits of engaging with the 30-million-strong Indian diaspora has been in terms of remittances.
    • Remittances to India were $89.1 billion in FY22 one of the highest in the world. 
    • India continues to be the top recipient of remittances globally for the last several years.
    • This, as part of the Indian Diaspora, makes an invaluable contribution by aiding in socio-economic development, poverty reduction and changes in consumption behaviour in rural areas.
  • Nurturing Benevolence: NRIs are more prone to donating to domestic charities because of the strong cultural and emotional feelings that they nurse.
  • Catalysts of Transformation: Diaspora acts as ‘agents of change‘ facilitating and enhancing investment, accelerating industrial development, and boosting international trade and tourism.
    • Another tangible long-term advantage in nurturing ties with an active Diaspora is an accelerated technological sector.
  • The Soft Power of the Indian Diaspora: A less tangible but important advantage in having a large emigrant group is “diaspora diplomacy” and they act as “bridge-builders” between their home and adopted countries.
    • The Indo-US Civil Nuclear Deal is a case in point, as ethnic Indians in the United States successfully lobbied for the clinching of the N-deal.
  • Alleviating Disguised Unemployment: The migration of less-skilled labour (especially to West Asia) has also helped in bringing down disguised unemployment in India.
  • Enhancing the Nation’s Image: Migration of skilled labourers to foreign countries and their eventual success bolstered the nation’s image.
  • Distinctive Investment Motivations: Diaspora’s motives to invest in India are in contrast to non-diaspora FDI. 
    • Their investments are long-lasting as many of them wish to establish a long-term base in India.

Non-Residential Indians (NRI)

Non-Resident Indian (NRI) Status Criteria:

  • An Indian citizen who is ordinarily residing outside India and holds an Indian Passport.
  • A person is considered NRI if She is not in India for 182 days or more during the financial year Or;
  • If he/she is in India for less than 365 days during the 4 years preceding that year and less than 60 days in that year.

Do You Know?

A Non-Resident Indian (NRI) is a citizen of India. PIOs and OCI card holders are not citizens but people who want to stay connected and involved with India more closely.

Person of Indian Origin (PIO) in the Indian Diaspora: Definition, Heritage, and Merger with OCI

  • A Person of Indian Origin (PIO) means a foreign citizen (except a national of Pakistan, Afghanistan, Bangladesh, China, Iran, Bhutan, Sri Lanka and Nepal)
    • Who at any time held an Indian passport or
    • Who or either of their parents/ grandparents/ great grandparents were born and permanently resident in India as defined in Government of India Act, 1935 and other territories that became part of India thereafter, highlighting their connection to the Indian Diaspora.
    • Who is a spouse of a citizen of India or a PIO.
  • PIO category was merged with OCI category in 2015.
NRIs PIOs OCIs
  • Who has temporarily emigrated to another country for six months.
  • First implemented in 2002 as a benefit to foreign nationals who could establish at least a third generation tie to Indian origin
  • Implemented in 2005, carried more benefits than the PIO card, and is valid for the holder’s lifetime. 
  • In 2015, the PIO scheme was withdrawn by the Government of India and was merged with the OCI.

PIO Benefits: Easy Access, Parity, and Opportunities for the Indian Diaspora in India

  • Visa-Free Access: A PIO card holder doesn’t need a visa to visit India.
    • The holder also doesn’t require a student or employment visa to acquire employment or academic opportunities in India.
  • FRRO Registration: Will be exempt from the requirements of registration if his/her stay on any single visit in India does not exceed 180 days.
  • They must register with FRRO within the subsequent 30 days if their stay does go over 180 days.
  • Parity with NRIs: The holder within the Indian Diaspora  also enjoys parity with NRIs in concern to economic, financial and educational matters like property transfer or acquisition, holding, disposal, investment, admission of children in educational institutions under general category quota for NRIs.
  • Separate immigration counters are provided at all International airports.
  • However, individuals within the Indian Diaspora holding PIOs do not enjoy employment rights in Government of India services nor can they hold any constitutional office in the Government of India. 
    • They need prior permission for undertaking mountaineering, missionary activities, research work and to visit restricted areas in India.

Understanding the Distinction: PIO and OCI in the Indian Diaspora Landscape

Parameters Person of Indian Origin (PIO Card Holder) Overseas citizens of India (OCI)
Who?
  • A person registered as PIO card holder under the Ministry of Home Affairs’ scheme dated 19-08-2002 within the Indian Diaspora.
  • A person registered as Overseas Citizen of India (OCI) under the Citizenship Act, 1955. 
  • The OCI scheme is operational from 02-12-2005.
Eligibility
  • Who at any time held an Indian passport; or
  • He or either of his parents or grandparents or great grandparents was born in and was permanently resident in India as defined in the GoI Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of Afghanistan, Bangladesh, Bhutan, China, Nepal, Pakistan and Sri Lanka; within the Indian Diaspora.
  • He is a spouse of a citizen of India or a person of Indian origin as Mentioned above.
A foreign national who:

  • Was eligible to become a
    citizen of India on 26-01-1950; or
  • Was a citizen of India on or at any time after 26-01-1950; or
  • Belonged to a territory that became part of Indiavafter 15-08-1947; or 
  • His/her children and grandchildren; or
  • Minor children of such people.
  • However, if the applicant within the Indian Diaspora had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI.
Eligible nationals 
  • PIOs of all countries except Afghanistan, Bangladesh, Bhutan, China, Iran, Nepal, Pakistan and Sri Lanka.
  • PIOs of all countries except Pakistan and Bangladesh or such other country as the central government may specify. 
Entitled benefits
  • Shall not require a separate visa to visit India.
  • Will be exempt from the requirements of registration if his/her stay on any single visit in India does not exceed 180 days. 
  • In the event of continuous stay in India exceeding 180 days, he/she shall have to get himself/ herself registered within 30 days of the expiry of 180 days with the concerned FRRO/FRO.
  • Parity with NRIs in the Indian Diaspora, in respect of all facilities available to the latter in the economic, financial and educational fields except in matters relating to the acquisition of agricultural / plantation properties.
  • No parity shall be allowed in the sphere of political rights.
  • A multiple entry, multi-purpose lifelong visa for visiting India.
  • Exemption from registration with local police Authority for any length of stay in India.
  • Parity with NRIs in respect of economic, financial and educational fields except in relation to the acquisition of agricultural or plantation properties.
  • No parity shall be allowed in the sphere of political rights.
Requirement of visa for visiting India
  • Can visit India without visa for 15 years from the date of issue of PIO card.
  • Can visit India without a visa for life long.
Requirement to register with local police authorities in India
  • Yes – one time when the stay in India exceeds 180 days for the first time.
  • No
Permissible activities that can be taken under in India
  • Activity as per the type of visa

obtained

  • All activities except research work for

which special permission is required from the Indian Mission/Post/ FRRO

concerned, within the Indian Diaspora.

Way to acquire Indian citizenship
  • He/she has to reside in India for minimum 7 years before making an application for granting Indian citizenship.
  • He/she may be granted Indian citizenship after 5 years from date of registration provided, he/she stays for one year in India before making an application.
Cancellation options
  • Yes – on certain grounds
  • Yes – on certain grounds.
Common benefits:

  •  Separate lines at immigration counters.
  •  No visa required for studies.
  •  At-par treatment with NRIs in the Indian Diaspora in matters regarding to property acquisition, holding & disposal, except agricultural and plantation properties.

 

Note: Since PIO and OCI Card Schemes have been merged, Government of India has decided to discontinue issuance of any new PIO card with effect from January 9, 2015.  All applicants within the Indian Diaspora  will now have to apply for OCI card only.

Conclusion:

  • The Indian diaspora is a valuable asset to India and the world. 
  • They, as part of the Indian Diaspora,  contribute to the economies of their adopted countries, promote Indian culture and values, and build bridges between India and the rest of the world. 
  • The Indian government should continue to support and engage with the Indian diaspora, and the diaspora should continue to be proud of their Indian heritage.

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