Events & Issues
New Delhi, 3 February 2014
Goan Controversy
LET’S DISCUSS DUAL
CITIZENSHIP
By Eduardo Faleiro
(Former Union
Minister)
The recent news that two members of the Goa Legislative
Assembly had registered their birth at the Civil Registration Office in Lisbon created a major
controversy in this State. Goa was liberated
from colonial rule on December 19, 1961. Subsequently, the Goa, Daman and Diu
(Citizenship) Order, 1962 bestowed Indian citizenship on all Goans born before
December 20, 1961 though any such person could within one month from the Order
in the Official Gazette make a written declaration to the Administrator of Goa,
Daman and Diu choosing to retain the citizenship which he held before that
date.
On December 31, 1974 India
and Portugal restored
diplomatic relations and signed a Treaty to recognize India’s sovereignty over Goa, Daman and Diu, Dadra and Nagar Haveli. Accordingly, Portugal recognized with retrospective effect
the sovereignty of India
over the territories which had constituted the Portuguese “Estado da India”
from the date of their integration into the Union of India.
The Portuguese Nationality law of 1975 provides that Goans
born before December 20, 1961 up to the third generation are entitled to
Portuguese citizenship, if they opt for it. This provision did not evoke much
interest in Goa until 1986 when Portugal
joined the European Union. Then, many Goans seeking employment abroad found
that a Portuguese passport would provide them easy access to the more affluent
European countries. Indeed, most Goans who seek a Portuguese passport do not
intend to visit Portugal,
do not speak Portuguese nor are interested in Portuguese culture or way of
life.
Registration of birth of a Goan at the Civil Registry in Portugal is
conclusive evidence that he has opted for Portuguese citizenship. Under Section
9 (2) of the Indian Citizenship Act, once an Indian acquires foreign
citizenship, he ceases to be an Indian citizen.
In 1993, during the Narasimha Rao Government, the Ministry of External
Affairs received a request from the Portugal Government to open a Consulate in Goa. The only reason alleged by it was that there were
many Goans who sought a Portuguese passport and in the absence of a Consulate
they had to travel to the Embassy of Portugal in New Delhi. At that time, foreign consulates
were permitted only in the metropolitan cities. I was required to decide on
this issue. However, since the matter concerned my own State of Goa, I referred it to
the Prime Minister, who advised me to permit the Portuguese Consulate. It came
into existence in Goa in 1994.
About 150 countries permit dual citizenship in some form or
the other. Narasimha Rao considered
permission for dual citizenship in view of persistent demands particularly from
the diaspora in North America and some other
countries. However, this proposal was ultimately dropped. Some of our
neighbouring countries such as Pakistan,
Bangladesh and Sri Lanka allow
some kind of dual citizenship.
Pakistan permits dual citizenship to
citizens from 13 Western countries as well as from Egypt,
Jordan and Syria.
Pakistanis with dual nationality are forbidden to run for public office,
contest elections or join the military. On September 20, 2012, the Supreme
Court of Pakistan disqualified 11 lawmakers including Interior Minister Rahman
Malik for failing to disclose their dual nationality.
Bangladesh permits dual citizenship to persons
of Bangladeshi origin who are citizens of USA,
UK, Australia, Canada and countries of the
European Union. According to its Constitution “A person shall be disqualified
for election, or for being a Member of Parliament if he acquires the citizenship
of, or affirms or acknowledges allegiance to a foreign State.”
Sri Lanka is the only Asian country that
permits full dual citizenship. The persons with dual citizenship of Sri Lankan
origin have the same rights as the other Sri Lankan citizens. However, this
citizenship law is presently being reviewed by its Parliament and applications
for dual citizenship have been kept in abeyance since early 2011. It intends to
formulate more stringent rules for dual citizenship.
A High Level Committee on the Indian Diaspora was set up in
2000 under the Chairmanship of Dr. L. M. Singhvi to prepare a comprehensive
Report on it and to recommend measures for a constructive relationship with it.
It was submitted to Prime Minister Vajpayee in January 2002. It recommended
that dual citizenship should be permitted and that Sections 9, 10 and 12 of the
Citizenship Act, 1955 should be suitably amended.
The Report further recommended that: persons of Indian
origin who are nationals of any of the 16 countries (including Portugal)
mentioned in the Schedule should be eligible for dual citizenship; that those
who acquire dual citizenship should not be entitled to exercise electoral
franchise nor be inducted into the Civil Services or the Defense or Paramilitary
Forces except by a special order of the Central Government. The Government
accepted these recommendations. In December 23, 2003 Parliament enacted the
Citizenship (Amendment) Act, 2003 and Rules giving effect to the Act were
notified in March, 2004.
The Government has formulated the Person of Indian Origin
(PIO) Scheme and the Overseas Citizen of India (OCI) Scheme for the benefit of
persons of Indian origin who hold foreign nationality. The PIO card is issued
to Indians who have been staying abroad for a couple of generations while the
OCI card is granted to more recent emigrants. The validity of the PIO card is
15 years whilst the OCI card is for life. There are some other benefits that
the OCI enjoys which are not available to PIO card holders. In 2011, Prime
Minister Manmohan Singh announced that the OCI and PIO cards would be merged.
Thereafter, the Home Ministry introduced in Parliament the Citizenship
(Amendment) Bill 2011 to merge the two cards and to create the “Overseas Indian
Cardholder Scheme”.
The Bill has been passed by the Rajya Sabha and is now in
the Lok Sabha. The Overseas Indian Cardholder will be granted a lifelong visa
to India, exemption from registration at the FRO for any length of time of stay
in India and parity with non-resident Indians in financial, economic and
educational matters except those relating to acquisition of agricultural
property.
A foreigner, spouse of an Indian citizen, is also eligible
for the PIO Card after two years of marriage to an Indian citizen. The
moratorium has been provided to avoid misuse of this provision. The IB found
that some foreign nationals were getting married to Indian nationals and
indulged in the narcotic trade or merely to prolong their stay in India. After
getting married and acquiring a PIO card there was no scrutiny to find out
whether they were staying with the Indian national. It was observed that some
such foreigners do not inform about their separation and continue to enjoy the
privileges provided under this category of visa.
Last month, I met Foreign Minister Salman Khurshid and
mentioned the problems faced by some Goans in the matter of citizenship. He
promised to discuss it with the Home Minister and find a solution. I also met
Union Minister of State for Home Affairs Ramachandran Mullappally, in charge of
Foreigners Division in Home Ministry. Mullappally, held a public-meeting-cum
interactive session in Kerala on 30th January on questions relating to
citizenship, PIO, OCI, extension of visas and related matters. There are
several persons in Kerala who had acquired Pakistani citizenship in order to
work there and are now facing problems like those faced by some Goans who
acquired Portuguese nationality. I requested the Minister to hold a similar
meeting-cum-interactive session in Goa and he
agreed. Sooner the better. ---INFA
(Copyright,
India News and Feature Alliance)
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