High Court ruling threatens right to FoRB of Overseas Citizens of India

CSW has expressed concerns about the potential implications for freedom of religion or belief of a recent ruling by the Madras High Court that Overseas Citizen of India (OCI) cardholders must obtain prior government permission to preach or share their religious beliefs.

The requirement for OCI cardholders to seek prior permission for missionary activities was initially introduced through a central government notification on 4 March 2021, however in a judgment dated 26 October the Madras High Court adopted a broader interpretation of what constitutes missionary activity, bringing religious preaching within its scope.

The case concerned John Daniel, a US citizen of Indian origin whose OCI registration was cancelled on 4 September 2026 after the authorities accused him of conducting Christian prayer meetings and preaching in villages in Andhra Pradesh between 2017 and 2019. Mr Daniel denied encouraging religious conversions, but the court upheld the cancellation, ruling that preaching and spreading religious teachings require prior government permission, irrespective of whether conversion takes place.

This interpretation raises serious concern regarding the right to freely propagate one’s religion guaranteed under Article 25 of the Indian Constitution. Moreover, in a landmark 1977 judgement in the case of Reverend Stainislaus v. State of Madhya Pradesh, the Indian Supreme Court recognised that propagation includes spreading religious teachings, while distinguishing it from forceful and fraudulent conversion.

The implications also extend to OCI cardholders who visit India to participate in religious meetings or outreach, with paragraph 18 of the ruling stating: ‘If the petitioner preaches and undertakes activities to spread the word of God, such activities will fall within the meaning of missionary activity.’

CSW’s CEO Scot Bower said: ‘The Madras High Court ruling sets a deeply concerning precedent for freedom of religion or belief in India. By equating ordinary religious preaching and participation in religious meetings with foreign missionary activity that requires prior government authorisation, this decision drastically narrows the scope of Article 25 of the Indian Constitution. Requiring individuals of Indian origin to seek government permission for a range of activities that could constitute propagating one’s religion creates a climate of surveillance and vulnerability for the diaspora visiting their homeland. We urge the India authorities to uphold constitutional protections for freedom of religion or belief for all individuals, regardless of their citizenship status.’

Note to Editors:

1. Overseas Citizen of India (OCI) is an immigration status for foreign citizens of Indian origin. It provides lifelong, multiple-entry access to India, and the right to live and work in the country. Eligible applicants include former Indian citizens, their children, grandchildren and great-grandchildren, subject to specific exclusions.

Featured image by Yoga Balaji licensed under CC BY 3.0.