The Dystopian Reality Faced by OCI Doctors in India
Imagine being a specialist doctor in the UK, living a comfortable life with a high salary and global recognition. Your heart yearns for your homeland, inspired by former Union Health Minister Ghulam Nabi Azad’s call for doctors of Indian origin abroad to return. Encouraged by promises of serving the motherland, you leave your lucrative career and return to work in a government hospital in India. However, instead of accolades, you are met with accusations of “cheating” the government by working as a doctor with an Overseas Citizen of India (OCI) card.
This nightmarish scenario is a harsh reality for many specialized OCI doctors facing prosecution by state-level authorities. The bureaucratic confusion and legal disaster highlight a disconnect in how the law is interpreted, with the Central Government welcoming talent while local agencies penalize them.
The Legal Invitations Extended to OCI Doctors
Contrary to claims of illegality, laws between 2005 and 2013 explicitly invited OCI professionals back to India:
- The “One of Us” Rule (2005): OCI cardholders were granted parity with Non-Resident Indians (NRIs) in education and finance.
- The “Doctor’s License” (2009): OCI holders were given the right to practice professions like medicine, dentistry, nursing, and pharmacy in India.
- The “Western Degree” Acceptance (2008 & 2011): The Medical Council of India recognized postgraduate degrees from the UK, USA, and Canada without screening tests.
- The Statutory Seal (2013): OCI holders were authorized to teach in medical colleges.
These laws created a legitimate pathway for OCI doctors to work in India, with the principle of parity ensuring their eligibility for government positions.
The Supreme Court’s Intervention
In a landmark judgement, the Supreme Court upheld the rights of pre-2021 OCI professionals, preventing retroactive prosecution based on the 2021 rule changes. The “Doctrine of Non-Retrogression” safeguarded their continued eligibility to work and teach, affirming the legality of their appointments under earlier rules.
The Hypocrisy and Misinterpretation of Section 7B
The discrepancy in interpreting Section 7B of the Citizenship Act, 1955 led to wrongful prosecutions of OCI doctors. State agencies misinterpreted the law, erroneously banning OCI holders from government service beyond the specified high constitutional offices.
By misreading and misapplying the law, investigative agencies manufactured crimes where none existed, disregarding the distinction between sensitive constitutional posts and professional medical roles.
Upholding the Contribution of OCI Doctors
The legal persecution of OCI doctors not only undermines their sacrifices but also threatens to deter other skilled professionals from returning to India. The need for specialized expertise, like geriatrics, remains unmet due to this hostile environment, jeopardizing the nation’s healthcare landscape.
It is imperative to recognize and support the invaluable contribution of OCI doctors and uphold the principles of fairness and justice in their treatment.
Author: An advocate at the Supreme Court of India
