Foreign companies need Union government nod to do surveys in India: Kerala High Court

Kochi: The Kerala High Court 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 high court 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 (PSRA).

Rejecting the Indian company's plea to quash the criminal proceedings against it, Justice P V 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 High Court 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 high court 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".

"According to the investigating authority, all the questions were clear citations injuring the emotional feelings of the Muslim community," the police told the court.

Also, it submitted that the TNS "purposely and knowingly entered into the alleged contract with a foreign organisation".

PSRA had claimed that they were conducting the same research in more than 20 countries as part of a project titled 'Green Wave 12'.

The research, according to PSRA, was to help the clients understand, respect, and be mindful of a country’s traditions, values and attitudes.