In a significant ruling, the Kerala High Court has declared that foreign organizations planning to conduct surveys in India must obtain prior approval from the Union government. The decision came while the court was addressing a plea related to criminal proceedings against an Indian company, Taylor Nelson Sofres (TNS) PLC, which conducted a survey in 2010 allegedly targeting the Muslim community in Thiruvananthapuram.
Justice P V Kunhikrishnan, dismissing TNS’s plea to quash the criminal proceedings, emphasized the potential threats to national security and religious harmony from such surveys. He noted, “Allowing these activities without strict scrutiny could jeopardize the security of our country and importantly, religious harmony.”
The survey, conducted on behalf of US-based Princeton Survey Research Associates (PSRA), involved questions that the High Court deemed “suspicious” and possibly intended to “topple the integrity of our country.” The court was surprised that a foreign entity undertook a survey with such contentious content without government sanction.
Justice Kunhikrishnan stated that the survey raised concerns not only due to its sensitive and objectionable nature but also due to the lack of a clear intention behind the questionnaire. In response, the court directed the state police’s investigating officer to report the findings to the Union Ministry of Home Affairs (MHA) for further action, underscoring the need for involvement from both the MHA and the Ministry of External Affairs in such matters.
During the proceedings, the police investigation revealed that the survey targeted “highly sensitive and vulnerable areas” and was designed to probe the sentiments of people from a particular religious background, thereby “injuring the emotional feelings of the Muslim community.”
PSRA defended its actions by claiming the research was part of a global project titled ‘Green Wave 12,’ aimed at understanding and respecting the traditions, values, and attitudes across over 20 countries.
