The imbroglio that has arisen due to the Ministry of External Affairs circular that those in possession of Assento de Nascimento or the Bilhete de Identidade, now electronic version of which is known as the Cartao de Cidadao, should be considered as Portuguese nationals, has a lot of loopholes and should not have been implemented without the proper process of law. It was done by advertisements in the newspapers and directed the aggrieved to show cause why they should not be considered as Portuguese nationals.
Let it be known that a few lakh Goans are in possession of the Assento de Nascimento and out of these about 4/5th to 3/4th including minors are those who have become eligible for applying because their parents or grandparents were born before December19, 1961 and thus then became eligible on this basis for initiating this Portuguese acquisition process. Now 1/5th to 1/4th of those born before December19, 1961 have merely transcribed their names by obtaining Assento de Nascimento and thus should definitely not be ascribed to be Portuguese nationals and thus should be protected by a law as there is no endorsement in their Assento de Nascimento which bestows them with the Portuguese nationality by the Portuguese government, but are mere facilitators for their progeny to obtain Portuguese nationality.
Let it also be known that what was considered as the standard procedure and was being followed by all mandated, that those with only Assento de Nascimento and the Bilhete de Identidade or the now known as Cartao de Cidadao were considered by a blanket process not to be Portuguese nationals and thus could contest elections as well as vote in India and be in possession of ration cards. How is that this well-known procedure has been superseded without legislation? Is this a mere political ploy to disenfranchise Goans only because of their political leanings?
Another thing that is pertinent is that all those who possessed the Portuguese passport only and that too, when applying for the permit/visa at the Foreigners Regional Registration Office were required to follow due procedure of law to swear an affidavit which is a solemn affirmation that they had obtained Portuguese nationality, were surrendering their Indian passports and thus became eligible to apply for a permit/visa to travel abroad. Now this procedure is binding and supported by the law which means that the Portuguese national is abiding by a sworn affidavit.
However, the MEA circular seems to be bad in law and without the application of mind and legally not binding as it looks to be arbitrary and not supported by written law which makes it contestable in the courts of law. The enforcement of this without proper legal framework should not have led to a few people having been subject to revocation of their Indian passports and thus it should now remain suspended until the proper judicial review is being sought.
India is a democracy and thus the rights of the citizen should be protected and not trampled upon. In this case, where the fate of lakhs of people are at stake, the proper procedure should have been adopted as well as the aggrieved should have been allowed to show-cause why they should not be considered as aliens. The proper process of law has not been followed and thus such being the case, the proper procedures supported by legislations should have been adopted. The MEA should forthwith withdraw its circular and thus do justice to those who are being sent notices without legal backing of the written law which is discriminatory.
