Foreign firms need Centre's permission for surveys in India: Kerala HC

Kochi: The Kerala High Court has ruled that foreign organisations must obtain permission from the central government before conducting surveys in India. The ruling came as the court disposed of a plea seeking the quashing of criminal proceedings against an Indian company that conducted a survey in Thiruvananthapuram in 2010. The police had claimed that the survey was intended to "injure the emotional feelings of the Muslim community."

The survey was carried out by the Indian company, Taylor Nelson Sofres (TNS) PLC, on behalf of the US-based Princeton Survey Research Associates (PSRA). Justice PV Kunhikrishnan rejected the company's request to have the criminal proceedings dismissed, stating that allowing such surveys to continue could "affect the security of our country and, importantly, religious harmony." The judge further expressed surprise that a foreign company was conducting a survey in India, especially with a set of "suspicious questions."

In its order on November 4, the court described the survey itself as "suspicious" and emphasised that the central government should take the matter seriously. "If there is any intention to undermine the integrity of our country through such surveys, appropriate action should be taken in accordance with the law," the court said.

The High Court agreed with the prosecution's argument that the entire questionnaire was not only sensitive and objectionable but also raised doubts about the intentions behind the survey. The court also pointed out that no sanction from the central government had been obtained for conducting the survey in question, PTI reported.

The court further stated that a state police investigation alone was insufficient in this case, instructing the investigating officer to submit a report to the Union Ministry of Home Affairs (MHA) regarding the progress of the investigation. "The Ministry of Home Affairs and the Ministry of External Affairs will take appropriate action under the law and, if necessary, order further enquiries or investigations," the court added.

The police had informed the court that their investigation revealed that the survey, under the guise of being harmless, targeted highly sensitive and vulnerable areas in India, interviewing people from a particular religious background. According to the police, the questions were designed to "injure the emotional feelings of the Muslim community."

The police also claimed that TNS had knowingly entered into an alleged contract with a foreign organisation. PSRA, however, defended the survey, stating that it was part of a global research project, 'Green Wave 12', being conducted in over 20 countries. PSRA argued that the survey aimed to help clients understand, respect, and be mindful of the traditions, values, and attitudes of different countries.