Kerala High Court Urges Central Government to Address Concerns Over Foreign Company Surveying Indian Citizens, Allegedly Offending Muslims.
The Kerala High Court has urged the Central Government to take the issue of surveys by a foreign company among Indian citizens seriously, as it may hurt the feelings of the Muslim community. The Court was reviewing a Criminal Miscellaneous Case to determine if a foreign company can conduct surveys in India without approval from the Central Government. Justice P.V. Kunhikrishnan noted, “Allowing these surveys could threaten our national security and disrupt religious harmony. The Central Government must address this seriously, and if there is any attempt to undermine our country’s integrity through such surveys, legal action should be taken.” The Bench expressed concern over a foreign company conducting a survey in India with questionable questions. Advocate Enoch David Simon Joel represented the Petitioners, while Public Prosecutor Sangeetharaj N.R. represented the Respondent.
A US-based organization, PSRA (Princeton Survey Research Associates), had partnered with an Indian company, TNS India Pvt. Ltd., in 2010 to carry out a sensitive study in India. TNS collected questionnaires from PSRA, which claimed to be conducting research in over 20 countries for a project called “Green Wave 12.” The survey was conducted in 54 locations, including Thiruvananthapuram.
The company officials carried out a survey by collecting responses from people using survey booklets. One morning, a Sub Inspector of Police noticed someone holding these booklets at the location. The officer discovered that some questions in the booklets could offend the religious feelings of the Muslim community. As a result, the booklets were taken, and a case was filed against TNS. The High Court commented on the situation, stating, “I believe the survey raises doubts. Our nation is a Sovereign Socialist Secular Democratic Republic. There is no distinction between men and women here. Hindus, Muslims, Christians, Sikhs, and others generally share similar views. We consider each other as brothers and sisters.”
The Court also noted that if a foreign organization wishes to conduct a survey in India, it must obtain permission from the Central Government, which was not granted in this case. It emphasized that the State Police’s investigation alone was insufficient. The Court instructed that a copy of this order be sent to the Secretary of the Ministry of Home Affairs and the Secretary of the Ministry of External Affairs in India. Additionally, it directed the investigating authority to promptly report to the Central Government about the investigation conducted so far. Consequently, the High Court closed the Criminal Miscellaneous Case and provided necessary instructions.
Cause Title: TNS India Pvt. Ltd. & Anr. v. State of Kerala (Neutral Citation: 2024:KER:82323)
Appearance:
Petitioners: Advocates Enoch David Simon Joel, George A. Cherian, Leo Lukose, Paul Jacob P., Rony Jose, and S. Sreedev.
Respondent: Public Prosecutor Sangeetharaj N.R.
