Kerala High Court objects to 2010 ‘Muslim survey’ by foreign company in India: Know about the case and the ruling requiring Centre’s approval

The Kerala High Court stated that prior permission from the Central government is a must for foreign companies before conducting surveys and research in India.

The Kerala High Court has recently expressed concerns [pdf] over a ‘Muslim survey’ conducted by a foreign company in India and refused to quash charges against its employees.

The survey was carried out in Kerala’s capital city Thiruvananthapuram in 2010 by 4 employees of Hyderabad-based Taylor Nelson Sofres (TNS) India Limited.

TNS India is the Indian arm of the UK-based TNS Global Group Holdings Limited. A contract was signed by the President of Princeton Survey Research Associates, based in Washington, with TNS India for a project titled ‘Green Wave 12’. 

The Background of the Controversy

The company had reportedly conducted the ‘Muslim survey’ in 54 locations in India and countries such as Indonesia, Malaysia, and Thailand with the objective of ‘helping clients understand a country’s traditions, values, and attitudes.’

As part of its ‘sensitive study’, TNS India prepared a booklet comprising questions to interview about 6000 people.

When 4 employees of the company went to Friends Nagar in Thiruvananthapuram on 2nd October 2010, it led to a law and order situation.

The Fort Police rushed to the spot and seized the booklets from the contractual employees after determining that the questionnaires in the booklets ‘may hurt the religious sentiments and holy faith of Muslim community.’

A case was eventually registered under IPC Section 153B(1)(c) read with Section 34, which punishes those who publish statements that promote disharmony or hatred between different religious groups

During the investigation, it was found that the survey was conducted with the intention to ‘spoil the existing communal harmony and to create emotional conflict among the Muslim community’.

Questions asked in the survey

Some of the controversial questions that was asked in the ‘Muslim survey’ to the respondents included the following.

1. What do you think is the most important contribution Islam offers to the world today?
2. How well do you think you understand the difference between Shia Islam and Sunni Islam?
3. What poses the greatest threat to Islam today?
4. What does Sharia mean to you?
5. Do you think of yourself first as a citizen of India, first as a member of an ethnic group or first as a Muslim?
6. Some people say they support figures like Osama bin Laden. Why do you think figures like him have support?
7. If respondent is a female, is she wearing the hijab (head covering) or niqab (full body covering)?
8. Do you wear the hijab or burqa when you go outside of your home?
9. On the whole, are things in India generally going in the right direction, or are they going in the wrong direction?
10. Please tell me which one of these you would think of first if someone were to ask you “who are you?” (choices include caste, region, nationality, and religion)
11. India has different kinds of political parties that compete for seats in Parliament. For each of the following types of political parties, please tell me how appropriate it would be for Muslims to support or vote for it.
12. Some people say that Western economic and business practices are incompatible with Islam – while others say that they are compatible with Islam. Which comes closer to your opinion?
13. How much of a role do you think Islam plays in the political life of India?
14. And how much of a role do you think Islam should play in the political life of India?
15. In your opinion, is Islam playing a greater or lesser role among Muslims in India compared to a few years ago?
16. Which ONE of the following is the most important reason Islam is playing a greater role among Muslims in India these days? Is it because of dissatisfaction with the current government’s policies or because of the level of immorality in our society OR because of influences from other Muslim countries?
17. Which of the following countries offers the next best model for governing a Muslim country these days?
18. Turning to another subject, in your opinion, are there any serious threats to Islam today?
19. Which of the following statements comes closest to your idea of the role religious leaders should play in politics?
20. To what extent to do you think Sharia should be used as the basis for the official laws of India?
21. Would you feel very comfortable, somewhat comfortable, somewhat uncomfortable, or very uncomfortable voting for a person of a different faith for an important government position?

The Kerala High Court verdict on ‘Muslim survey’

The matter was heard by a single-judge Bench of Justice PV KunhiKrishnan. “It is surprising to see that a foreign company is conducting a survey in our country with a bunch of suspicious questions. I am of the considered opinion that the survey itself is suspicious,” he noted.

The court stated that prior permission from the Central government is a must for foreign companies before conducting surveys and research in India.

“If these types of surveys are allowed to continue, the same 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,” Justice PV KunhiKrishnan ruled.

He added that an investigation only by the police was not enough in the particular case of TNS India Pvt. Ltd. Vs State of Kerala and sought intervention from the Centre.

The Kerala High Court ruled, “The Investigating Officer in Cr.334/CR/ISIT/2012 (Crime No.1041/2010 of Fort Police Station, Thiruvananthapuram) shall forward a report about the investigation so far conducted in this case to the Secretary, Ministry of Home Affairs, Government of India, and the Secretary, Ministry of External Affairs, Government of India, within one month from the date of receipt of a copy of this order.”

“The Ministry of Home Affairs and the Ministry of External Affairs will do the needful in accordance with law and order further enquiry/investigation, if necessary, in accordance with law,” it concluded.