Anti-Government Activities

In light of the ongoing protests about the Citizenship Amendment Act, the Ministry of Home Affairs have been serving ‘Leave India’ notices to foreigners who were involved in the protests.

• Visa Guidelines:

The visa guidelines do not specify what activities are considered as anti-government. The visa guidelines were given by the Ministry of Home Affairs. According to it, the foreign nationals are required to stick to the purpose of visit specified in their visa applications. However, they (except a Pakistani) are permitted to undertake activities permitted under tourist visa.

• Section 124A of IPC:

The Section 124A of the Indian Penal Code deals with sedition cases. Activities that are considered as ‘anti-government’ are punishable by its provisions. It states that ‘Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which a fine may be added; or, with imprisonment which may extend to three years, to which a fine may be added; or, with fine.’

• Right to Protest:

Right to protest peacefully is implied from the article 19 of the Indian Constitution. Article 19 is one of the fundamental rights (right to freedom of speech and expression). The article also gives the citizens the right to assemble peacefully without arms. Since article 14 ensures equality of persons before the law, the foreigners also have a right to protest.