Indian passport holders abroad treated as citizens for using RTI

NEW DELHI: Amid the ongoing debate on whether passport is a conclusive proof of citizenship or just a travel document, records of interministerial deliberations in 2010 over who can avail of Right to Information Act, show that MEA and MHA agreed that holders of Indian passports residing abroad can be treated as “citizens” for the purpose of availing of the benefits of information law.

It differentiated the passport holders living abroad from Persons of Indian Origin (PIOs) and Overseas Citizens of India (OCIs) saying that the latter two categories cannot take recourse to RTI. The issue of citizenship on RTI applicant was considered by govt as representation was filed in the govt by US-based NRIs who wrote a letter to then PM Manmohan Singh to “recognise the legitimate desire of Indian living abroad to exercise their franchise and to have a voice in the governance of India”. The discussion among various govt departments was confined to the issue of definition of citizen under the RTI Act. The documents revealed that MEA had recognised that attempts had been made by some RTI applicants to bring OCIs under the definition “Indian citizen” for purposes of filing applications under the RTI Act. But MEA and MHA had agreed that only Indian passport holders living/ working abroad (i.e. NRIs) can seek information under the RTI Act and OCIs are not covered under this definition.

As some of the Indian RTI activists based in foreign countries faced problems in filing applications, they approached the Central Information Commission which held meetings with officials to streamline the process. “At the hearing, MEA said that in MEA’s view, the term ‘citizens’ includes persons holding Indian passports working/ living abroad which means NRIs only. The term does not include OCIs and PIOs. As MHA is the nodal ministry in respect of the subject matters relating to citizenship, OCIs and PIOs, it is imperative to seek the views of MHA. DoPT and MOIA expressed similar views and suggested that the matter may be referred to MHA.

On May 12 hearing, MEA had separately conveyed to MHA that the definition of ‘citizen’ under RTI Act would also include NRIs, not OCIs and PIOs. MEA’s views were endorsed by MHA.