VITHALDAS HEGDE
The debate over dual citizenship, long simmering within India’s global diaspora, has once again moved to the fore front — this time with a fresh po litical push from Goa. While the demand is hardly new, it was Goa Forward Party (GFP) leader Vijai Sardesai who recently reignited the issue by urging the Central government to explore granting dual citizen ship to Goans through an un derstanding with the European Union (EU). The proposal has revived wid er national questions that have remained unresolved for over two decades.
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Thousands of Indians who have acquired foreign nation ality say they do not wish to sever emotional, cultural and economic ties with India, even if legal or professional com pulsions led them to surrender their Indian passports. At present, those who take up foreign citizenship can ap ply for Overseas Citizen of India (OCI) status, which grants a lifelong visa and the right to live and work in India. How ever, OCI cardholders are barred from voting, contesting elections, or holding public office. The question now being debated is whether India should move beyond OCI and for mally recognise dual nationality. The issue has been under consideration since 2000, when the Government of India set up a high-level commit tee headed by L M Singhvi to examine the matter. The com mittee recommended granting dual citizenship, but a final decision from the Union government is still awaited. Senior Advocate Cleofato Coutinho believes the time has come. “I somehow believe that dual citizenship is good, that is my belief. It is good for people who go out because of opportunities or better prospects. If this land was a land of opportunities they would not go out. Right now the world is becoming a global village and in that context I would say that there is no problem in granting dual citizenship. All advanced countries have given dual citizenship and in fact there are some countries which give you citizenship based upon investment i.e. you invest money and they give you citizenship. That is to make a better area for investment.” Pointing to the existing OCI framework, he ques tioned the logic of withholding political rights. “In our country we already have OCI status and once we have it they have almost permanent visa status and they can visit India anytime. If that is so, then why should they be prevented from voting for their government and vote in the State Assemblies? When you are given the right to decide your destiny, you feel close to that place and that way it is good.” Coutinho stressed that the demand extends beyond Goa. “There are many people who feel that Goa is a good place because Portugal gives citizenship to Goans. But I somehow feel that it is a national issue and it should be across any area as demand for dual citizenship is com ing from communities from Kerala, Gujarat and Punjab. I think Gujarat has high density in other countries and they should also be given dual citizenship. In any case they are contributing to our economy by way of remit tances and keeping them out of the decision making pro cess just because they have taken another citizenship which is not out of choice but because of circumstances is not the right thing to do.” He also raised concerns about brain drain, noting that once Indian citizenship is surrendered, the separation becomes permanent. Allowing dual citizenship, he sug gested, would help individuals retain a formal link and possibly return in the future. Since OCI status already excludes only limited rights such as government employ ment, voting and certain property purchases, he argued that dual citizenship would largely formalise and expand existing privileges. “Nobody is interested in agricultural land and everybody is buying settlement lands,” he add ed. Former Advocate General and MLA Adv Carlos Alvares Ferreira reiterated his support while emphasising that Parliament would ultimately define the scope of rights. “Dual citizenship will benefit lots of people. The greater demand and the greater pressures for dual citizenship have come from communities from Gujarat, Punjab, Ker ala and also other States who are in huge numbers. Goa’s number is miniscule. But if dual citizenship is given, they will also have voting rights. Once you give it, then the question what to give and what not to give is within the government’s ambit and it can impose restrictions.” Clarifying the legal framework, he said, “The right to contest elections or even to vote in elections is not a fundamental right. It is a statutory right and unless the statute puts upon you that right, you have no right. The fundamental right is of the adult franchise. But to contest an election, there is a law that prescribes one of your qual ifications. So the government can decide. The government has also restricted the rights of OCI cardholders and it’s like giving a tempting offer to become a citizen of India, but you are not yet there. I always espouse the cause of dual citizenship.” Adv Albertina Almeida approached the debate from Goa’s unique historical background. “I believe that there should be dual citizenship and there should be a special provision under the special status provisions. Under Ar ticle 371(I), it should be modified to include this. I cannot say this for the whole of India. It’s for the rest of India to discuss. But ours is a special case.” She also highlighted the uncertainty surrounding OCI status. “Right now, the position is, if I am an OCI cardhold er, I don’t need a visa. I can come anytime and stay in India or Goa. But suppose if I get a dual citizenship, then what are the benefits like? As an OCI cardholder, you don’t need a visa, but they can cancel your OCI card and then you will have to apply for a visa like anybody else. Also a visa is a subjective thing. And you have higher chances of being denied a visa because your OCI card was cancelled.” Referring to Portuguese nationality laws, she noted that registering births in Portugal automatically confers Por tuguese citizenship — a route many Goan families have taken. “As per the new law, if you register your birth in Portugal, you become a Portuguese citizen, a Portuguese national. This means that for example, now the youngsters who were born after 1961, their parents had to register the birth so that it is a way for their children would get Portuguese passport. Their parents register and become Portuguese nationals, but they reside in India.” Adv Aires Rodrigues, who himself acquired Portuguese nationality, described dual nationality as a long-pending aspiration of the diaspora. “The long-standing demand for dual nationality by the Indian diaspora across the world remains unresolved. The demand for dual nationality has been unanimous and having not been opposed by any quarter, the government should try and bring this issue to a logical conclusion, as it would be in everyone’s best interests to put this issue to bed once and for all.” He framed the matter as both emotional and economic.
