The Kerala High Court recently flagged a survey conducted by a US firm in conjunction with an Indian firm as being suspicious and possibly harmful to the nation's security. [TNS India Pvt. Ltd. & Anr. v. State of Kerala]

The survey was conducted on ground by Indian firm Taylor Nelson Sofres (TNS India) which was contracted by US company Princeton Survey Research Associates (PSRA) for the same.

Justice PV Kunhikrishnan said that the religious nature of the questions make it necessary for the State's investigating team to tag in the Central government to bring the issue to its notice as well.

"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. Our country is a Sovereign Socialist Secular Democratic Republic. There is no difference between man and women in our country. There is no serious difference of opinion between Hindus, Muslims, Christian, Sikhs etc in our country. Citizens in our country are known as brothers and sisters... 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," the Court said its order.

Pertinently, the Court also held that foreign firms need to obtain a sanction from the Central government before conducting any survey in India.

"If an organization in a foreign country wants to conduct a survey in our land, permission from the Central Government is necessary," the order stated.

Therefore, it ordered the Union Home Ministry and External Affairs Ministry to examine the issue and conduct further probe if necessary.

"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," the Court directed.

The order was passed on a petition moved by TNS India to quash the case registered by the State Police against them.

TNS India was contracted by US-based PSRA to conduct a study in India.

TNS India had collected some questionnaires from the latter and compiled them into a booklet which was used for a socio-political survey conducted in 54 locations across India.

One among the locations was Kerala's capital Thiruvananthapuram where the nature of some of the questions dealing with religion led to a law and order situation.

A probe was initiated by the State police which was later handed over to an Internal Security Investigation Team (ISIT) which found that a lot of the questions were insulting to the sentiments of religious communities and that the two companies had chosen particularly vulnerable areas in India to conduct the survey.

Some of the questions highlighted by the State investigating agency in its final report were as follows:

• How well do you think you understand the difference between Shia Islam and Sunni Islam?

• What does Sharia mean to you?

• What poses the second greatest threat to Islam today?

• Some people say they support figures like Usama bin Ladin. Why do you think figures like him have support?

• If respondent is a female, is she wearing the hijab (head covering) or niqab (full body covering)?

• Do you wear the hijab or burqa when you go outside of your home ?

TNS India and some of its employees were booked under Section 295A of the Indian Penal Code which penalises deliberate and malicious acts intended to outrage the religious feelings of any class of citizens.

TNS India subsequently moved the High Court to quash the case, arguing that the survey went in a smooth manner in all other locations and that PSRA has conducted similar surveys in many other countries as well.

However, the prosecution contended that the sensitive and objectionable questions put the entire survey and the intention of the companies, to suspicion.

The Court noted another question which read,

"On the whole, are things in India generally going in the right direction, or are they going in the wrong direction ?"

The Court questioned how a foreign company could conduct such a survey among Indian citizens.

"What is the business of a foreign company to conduct a survey among the citizens of India by putting the above questions?', the Court asked.

It also flagged several other questions and the multiple choice answers given in the survey.

"The first question is to tell which of these you think of first if someone were to ask you, “Who are you?”. The answer options are “I am a citizen of my country; I am a resident of my region (within my country); I am a member/believer of my religion; I am a member of my family, clan, or tribe; I am a member of my ethnic group; I am a member of a particular caste or social stratum,” etc. A foreign company is conducting a survey of this kind among the Indian citizens!," the Court said in its order.

After going through the questionnaire, the Court concurred with the prosecution and further opined that investigation by the State police would not suffice in this case.

It, therefore, refused to quash the case against TNS India and dismissed the petition.

It also ordered that a copy of the order be sent to the Union Home Ministry and External Affairs Ministry for further action, if necessary.

TNS India and its employee were represented by advocates Enoch David Simon Joel, George A Cherian, Leo Lukose, Paul Jacob P, Rony Jose, and S Sreedev.

Public Prosecutor Sangeetharaj NR appeared for the State.

[Read Order]