In Goa it has become a very emotive issue due to changes in the demography of the population particularly of a section in the coastal belt of Salcette and Tiswadi Taluka. India does not recognize dual citizenship. The demand for dual citizenship of the Indian Diaspora reached its peak after the new economic reforms. The rich NRIs wanted to be part of India’s growth and wanted to be conferred citizenship. In 2003, the then Prime Minister Atal Behari Vaipayee invited non-resident Indians and persons of Indian origin to help shape the contours of India.
In 2003 a concession on the citizenship issue was made. It was thought that the concession was grant of dual citizenship to persons of Indian origin (PIOs) in certain select countries. The announcement made by the Prime Minister preceded a report of a committee headed by noted jurist L.M. Singhvi. The committee formulated a scheme called the PIO card scheme which in a sense provided for ‘dual nationality’ without ‘dual citizenship’. That was the origin of the PIO card which could be considered as India’s green card while the passport of the PIO would be from the country of which he is a citizen.
The PIO card conferred certain rights and privileges which are enjoyed by citizens. The PIO card gave no political rights i.e. the PIO card holder cannot vote in an election or stand for any elective office. They could not acquire agricultural/plantation land and prior permission of the government was required for undertaking missionary work and visiting notified areas. The PIO card with limited period validity gave way to Overseas Citizens of India (OCI) card with lifelong visa. However the misnomer had been over the use of the ‘word overseas citizens’ giving a false impression that OCI card holder is also a citizen of India. The OCI card is actually a symbolic gesture and may give the OCI card holder slightly more rights than a lifelong tourist visa.
In 2003 when the then Prime Minister introduced the scheme after the Singhvi committee report actually stated, at the inaugural of Pravasi Bharatiya Diwas that government intended to permit dual citizenship for PIOs from certain countries. The Citizenship Act was amended to introduce the OCI scheme by changes to sec.7 of the Act. The OCI scheme has been amended granting lifelong visa facility for any purpose and exemption from registration with the Indian authorities.
The issue before the country and a demand of a section of Goa society is whether the privilege of granting political rights of OCI card holders and option to hold a Indian passport despite holding passport of another country can be considered. There are large numbers of OCI card holders with billions of dollars. Can we exploit their hope and demand to our advantage? Roads, bridges, factories and other infrastructural areas can get a boost by their investment. At a time when India has opened up even the defence sector for foreign direct investment, it can be said that time has come for our country to give the non resident Indians and persons of Indian origin dual citizenship including dual passports. Various advanced countries like UK, U.SA. Australia and Switzerland are part of dual citizenship regime. Some countries like Austria even grant citizenship by monetary investment in that country. Hungary and Bulgaria grant citizenship by investment in government bonds while Spain and Austria endow citizenship to celebrities without any domicile requirement.
Until 2000, Pakistan did not allow dual citizenship. The nationality laws of Pakistan are now changed for Pakistan to permit dual citizenship and this neighbour of ours now allows dual citizenship with 16 countries including UK, USA and Sweden (not India!). Even Bangladesh and Sri Lanka allows dual citizenship. In the era of globalization it appears that is the way forward.
But India is averse to any change. Due to our peculiar geopolitical situation we have not accepted the dual citizenship regime we are caught up in a strange situation. We consider patriotism as a measuring rod of a citizen’s relationship with the state. Any talk of dual citizenship is frowned upon with suspicion to disloyalty.
Our own ‘dual nationality’ (not dual citizenship) OCI card can always be strengthened without tinkering with the constitutional provisions, if we are not yet ready to take the great leap forward. A change in sec. 7B of the citizenship Act which deals with rights of the OCI card holder can be amended to permit registration as voters without entitlement to stand for elections but being eligible for appointment in public services. If American green card holders can occupy high positions including position of the Governor of RBI and the chief economic advisor to the Govt. of India, there is hardly any justification as to why OCI card holders could not be extended the privilege of appointment to public services. Granting of voting right without being entitled to stand for elections will certainly not in collision with the constitutional provision of single citizenship. Such a course shall actually help achieve the sentimental and psychological demand of the Non Resident Indians and persons of Indian Origin.
The privilege of registration of birth granted by Portugal has been exploited not for any love for that country but only as a gate way to Europe. Do not question their love for their motherland. In case they can have their names registered on the electoral list, it will be a great boost to the community which fear dwindling numbers shall be devoured by the majority. But at the time when the country is polarized on ultra patriotic lines, such hopes are only a far cry.
(The writer is a practicing lawyer and lecturer in law.)
