SUNDAY, APRIL 28, 2024
By U D Kamat
itizenship of any country is governed by the Rule of Law prevailing in that Country. Citizenship is acquired by Birth, Descent, Naturalization or by acquisition of Territories’. As per the principles followed by almost all the countries in this regard, those who seek to entry a country without its permission are, in the eye of law “illegal migrants”, and therefore they are liable to be deported. An example in this regard is the steps initiated by the United States of America to prevent Mexicans trying to illegally enter, including by constructing a wall all around its border with Mexico. The American Constitution even envisage that only those who are born in that Country can aspire to the highest office of the President of USA. It is actually for this reason that Mr Arnold Schwarzenegger, Austrian by birth, who became American Citizen by Naturalization, could at best aspire to be the Governor of the State of California, but not the President of USA.
None of the Gulf Countries, as a rule, offer its citizenship to Foreigners. One of the rare exceptions-of interest to Goans-is the conferment of Omani Citizenship to our own Dr Santosh Laad, an eminent Neurosurgeon, presumably because with over 35 years of dedicated public service in Muscat, the Sultan of Oman has found him to be indispensable.
In India, citizenship is governed by the Indian Citizenship Act, 1955, which has undergone a series of Amendments from time to time, depending upon the felt-need, including conferment of the “Overseas Citizenship of India” (OCI) status to person of Indian origin who is a Citizen of another county, except that of Pakistan , Bangladesh or such other Country as the Central Government may notify.
Now coming to the Citizenship (Amendment) Act, 2019 (CAA for short) and Rules notified lately thereunder, over which so much heat is being generated, it needs to be appreciated that the Bill to Amend the Citizenship Act, 1955 was initially introduced in the Lok Sabha on 19th July 2016, but was referred to a Joint Committee of both Houses of Parliament which presented its Report on 4th January 2019 recommencing the Bill, and the same was ultimately passed with a thumping majority after marathon debates by both Houses of Parliament.
The CAA envisage that persons belonging to religious minorities namely, Hindu, Sikh, Buddhist, Jain, Parsi or Christian in the Islamic Republics of Afghanistan, Bangladesh or Pakistan who entered into India on or before the 31st day of December 2014, after they have resided in India for not less than 05 years, shall not be treated as illegal migrants and shall be granted Certificate of Registration or Certificate of Naturalization, and thereafter deemed to be Citizens of Indian from the date of entry into India. Thus, through this Amendment, Government of India has provided a legal pathway to Citizenship for religious minorities from the three neighboring Islamic Countries who may have entered India illegally or overstayed their visas fearing persecution in their Home Countries. Granting Citizenship would thus offer them long term security and protection from persecution.
Unfortunately, series of misinformation and misgivings are circulated that the CAA will deprive the minorities in India, particularly the Muslims, who are citizens of India by Birth, Registration or Naturalization, as the case may be, of their Indian Citizenship. Obviously, if the Muslims have not been included in the CAA, it is because they form the majority community in their own countries, namely the Islamic Republics of Afghanistan, Bangladesh and Pakistan, who have declared Islam as their State Religion. It is not the case that Muslims from these countries are otherwise not being eligible for grant of Indian Citizenship. There are number of instances where Muslim girls from these countries have acquired Indian Citizenship by virtue of their marriages to Indian Citizens.
My decade long tenure as Director for NRI Affairs in the Goa NRI Commission between 2006 and 2017 when I was privileged to work under two distinguished Commissioners, Mr Eduardo Faleiro and the late Dr Wilfred Mesquita, provided me an opportunity to facilitate the grant of Indian Citizenship to a number of Catholics of Goan origin who had migrated to Pakistan, mainly Karachi, for gainful employment during the Portuguese colonial era, but opted to return to their motherland for good after liberation of Goa, Daman and Diu, mainly due to religious persecution in that Country. It would not be out of place to mention here that Transporto Aviao Portuguese (TAP) used to operate direct flight from Dabolim Goa to the Port City of Karachi in Pakistan.
Earlier to that, during my long tenure as Director of Tourism Goa between 1990 and 1999, I had helped an aged Catholic widow from Ucccasaim Bardez, whose husband was running a bakery in Karachi. Unfortunately, he passed away in Karachi due to cardiac arrest, and since they had no children to support, the lady was left alone to fend for herself, she opted to return to Goa on visa issued by the Indian High Commission in Pakistan. While in Goa, her Pakistani passport had to be extended by 05 years to enable her to continue in India, and thereby facilitate acquisition of Indian Citizenship. However, the Pakistan High Commission would not extend her passport unless and until she had personally presented herself before the Commission in New Delhi. I therefore escorted this lady to Delhi during one of my official trip, took her to the Pakistan High Commission, and saw to it that the validity of her Pakistan Passport was extended by 05 more years. Having done so, I was able to pursue her case for grant of Indian Citizenship successfully through the State Home Department and the Ministry of Home Affairs Government of India. I am not aware whether the old lady is still living.
(U D Kamat is a Former Director of Tourism and Director of NRI Affairs)
