Preaching religion without prior permission can lead to cancellation of OCI registration: Madras High Court

The Madras High Court recently held that preaching one's religion without prior permission from the Central government is sufficient grounds for cancelling a foreign national's Overseas Citizen of India (OCI) registration, even if no religious conversions take place [John Daniel Vs UOI]

Justice D Bharatha Chakravarthy observed that missionary activities are not limited to religious conversions and that OCI cardholders are required to obtain prior permission even to preach or spread their religion.

"It is not only for conversion, but even to be a missionary preaching his religion, it is only a prior permission that is mandated," the Court said.

The Court made the observation while dismissing a petition filed by American citizen John Daniel, challenging the cancellation of his OCI registration by the Foreigners Regional Registration Officer (FRRO), Chennai, on September 4.

Daniel was granted OCI registration in February 2015. He challenged its cancellation, maintaining that his visits to India were primarily to meet his 92-year-old mother and other relatives.

The Central government, however, alleged that Daniel had been undertaking missionary activities in Tamil Nadu and Andhra Pradesh without obtaining the requisite permission.

The authorities accused him of conducting religious meetings, preaching in interior villages and encouraging conversions to Christianity.

The show-cause notice also alleged that he led the Laymen's Evangelical Fellowship International (LEFI), an organisation described by the authorities as functioning like a cult.

Daniel denied these allegations. He maintained that he had never undertaken missionary activities in India, promoted religious conversions or held any position in LEFI.

During the proceedings, the Central government produced posters, advertisements and internet materials relating to religious gatherings between 2017 and 2019. These included advertisements for meetings at an LEF Church in Tenali, Andhra Pradesh, and materials relating to religious gatherings at Stuartpuram village.

The Court found that the material demonstrated Daniel's participation in religious congregations and public meetings across Tamil Nadu and Andhra Pradesh.

Justice Chakravarthy observed that under the Central government's March 4, 2021 notification, OCI cardholders are required to obtain special permission before undertaking missionary, journalistic and certain other specified activities.

The Court held that spreading religious messages through preaching constitutes missionary activity, irrespective of whether it results in conversions.

It rejected Daniel's claim that he had travelled to India exclusively for family-related purposes.

"The petitioner has made a categorical and sweeping statement before this Court that he has never been involved in any missionary activities in India and has visited India only to see his mother, family and friends, which, on its face is a lie."

Accordingly, it upheld the cancellation of Daniel's OCI registration and dismissed his petition.

However, the Court clarified that Daniel can apply for a regular visa to visit his mother in India. It also observed that he can undertake religious meetings and missionary activities after obtaining the requisite official permission.

Senior Advocate R Shanmuga Sundaram appeared for Daniel. He assisted by advocates A G Shakeenaa and R Vinayaga Vishnu.

Senior Panel Counsel S Padma represented the Central government.

[Read Judgment]