This has reference to the news article under the heading `PIL filed in SC for dual citizenship, voting rights’ on page 7 of oHeraldo dated Friday, January 9, 2015. It comes as a great relief that Delhi-based veteran journalist S Venkat Narayan is championing the cause, in particular Portuguese nationality seekers from Goa, Daman & Diu and Dadra & Nagar Haveli, in the absence of an umbrella organization.
It may be stated that the plea in the writ petition that `the Indian citizenship of the overseas Indians should not be automatically terminated unless they renounce it themselves even after they acquire the citizenship of another country and those who seek should be granted Indian citizenship’ needs clarification. It may be recalled that Portuguese nationality is a four-stage process – Assento de Nascimento (birth registration or transcription), Bilhete de Identidate or the now electronic version Cartao de Cidadao (citizen’s card), Assento de Casamento (Marriage registration) and Portuguese passport.
It may be noted that only after obtaining Portuguese passport is the surrendering of Indian passport done in order to obtain a permit/visa to travel abroad. When approaching the Foreigner’s Registration Office, the bearer has to solemnly affirm an affidavit stating that he/she has obtained Portuguese nationality and was an Indian citizen and has cancelled his/her name from the electoral rolls and surrendered his/her Election Photo Identity Card as well as cancelled his/her name from the ration card. Thus, by this procedure the said person ceases to have voting rights and contest elections. It is only after this the permit/visa is obtained that the said person travels abroad and only six months later is eligible for obtaining OCI. As such if the writ petition seeks to stop the surrendering of Indian passport after obtaining Portuguese passport, then it is a welcome step.
However, two issues remain to be clarified. Will this writ petition and subsequent amendment to the Constitution mean that dual citizenship will be granted per se and the Portuguese passport holder will be issued a permit/visa to travel abroad without surrendering the Indian passport? This will benefit those that henceforth, considering that the Supreme Court allows dual citizenship, but what is the fate of those who may number to date up to 10,000-20,000 who have already surrendered their Indian passports? If these people are given a chance to re-apply for Indian nationality again, it would make it clear that revocation of cancellation of Indian nationality can still be an avenue. Should this be the case, than S Venkat Narayan’s initiative will have done yeoman service to those specially who have already ceased to be Indian nationals and provide them a chance for per se dual nationality and voting rights.
