In the meeting held at Margao, to discuss whether possession of the Assento de Nascimento (Registration of Birth) in the Conservatoria dos Registos Centrais, Portugal which was chaired by Justice Nelson Britto and which included eminent Goan lawyers, it is pertinent to note that since the acquisition of Portuguese nationality is a multi-staged process (which includes the Assento de Nascimento, Assento de Casamento, Bilhete de Identidade or the Cartao de Cidadao and the ultimate Portuguese passport), not seen in any other place in the world, it will ultimately be addressed by the Supreme Court.
However, even the Supreme Court decision will be a decision which will affect some adversely and others to a lesser extent or even put a blanket ban on those possessing the Assento de Nascimento, since by Portuguese law as well as the Indian law are very straight forward on the issue, thus those having registered their births lose their entitlements in both the countries. If such is the case then at least 1,00,000 Goans will be left in limbo, a situation which none of them would have envisaged earlier. This will result in a sorry state of affairs for the Goans who have registered their births.
If the Supreme Court decides to allow those who have registered their births to sign affidavits stating that they have registered their births due to necessity for the sake of their progeny and thus give them a chance to maintain their Indian citizenship, then it will be a relief for many especially to those elderly born before 19th December, 1961 whose intentions were only for their progeny’s future prospects and not for their own complete acquisition of Portuguese nationality. Goans will be waiting with baited breath for the Supreme Court decision.
The standard procedure clearly demarcates that those who have the Assento de Nascimento, Assento de Casamento and the Bilhete de Identidade or the Cartao de Cidadao retains their right to be Indian since they have not surrendered their Indian passports and only those who have obtained their Portuguese passports and surrendered their Indian Passports have their names deleted from the electoral rolls and thus do not have a Election Photo Identity Card.
Will the ruling of the Supreme Court alienate besides affect the Goans drastically and will their adherence to the common man’s diktat that is the standard procedure be ground to the dust? Who is responsible for having formulated the standard procedure and what wrong have the people done by following it? If a higher law imposed does not validate a procedure that is followed including swearing of an affidavit to be submitted to the Foreigner’s Regional Registration Office, then as a precedent, the Supreme Court should consider this case sympathetically and try to review all other standard procedures being followed in the country. A great deal is at stake. A law abiding people is being maligned for their having followed procedures that they did completely. Is there any where else in the country where a standard procedure is followed with such rectitude?
