The Kerala High Court (HC) has held that if any foreign organisation wants to conduct a survey in India, permission from the central government is necessary.
The ruling from the HC came while disposing of a plea seeking quashing of criminal proceedings against an Indian company for conducting a survey in Thiruvananthapuram in 2010, which according to the police was aimed at "injuring the emotional feelings of the Muslim community". The survey was conducted by the Indian company -- Taylor Nelson Sofres (TNS) PLC-- for US-based Princeton Survey Research Associates.
Rejecting the Indian company's plea to quash the criminal proceedings against it, Justice PV Kunhikrishnan said that if such surveys
were allowed to continue, they "will affect the security
of our country and importantly religious harmony".
"The central government should take it very seriously, and if there is any intention to topple the integrity of our country by conducting such surveys, appropriate steps should be taken in accordance with the law," the HC said in its order of November 4. It also noted that in the instant matter, there was no sanction from the central government for conducting such a survey.
The HC was also of the opinion that an investigation by the state police was not enough in the case and directed the investigating officer to forward a report to the Union Ministry of Home Affairs (MHA) about the probe carried out so far in the case.
"The Ministry of Home Affairs and the Ministry of External Affairs will do the needful in accordance with law, and order further enquiry or investigation, if necessary, in accordance with law," it said. The police had told the court that its probe revealed that "in the name of
a harmless survey, they selected highly sensitive and vulnerable areas in India
to interview the people belonging to a particular religious background".