PANJIM: In a move that could have a major impact on the 2017 Assembly election results, the office of the Chief Electoral Officer is set to strike off the names of Goans holding Portuguese passports as well as those holding Portuguese citizens cards if the Centre fails to take a firm decision on the dual citizenship issue.
According to Election Commission officials, around 1.2 lakh people could lose their voting rights in the forthcoming elections.
The ‘dual citizenship’ issue has become major controversy after two MLAs from the treasury benches – Glen Ticlo and Caetano (Caitu) Silva – were accused of having Portuguese nationality and processing their ‘Bilhetes’ after formally registering their birth in Portugal.
Following the controversy the BJP government led by then Chief Minister Manohar Parrikar had asked the Centre to intervene. However, all the Centre did was issue a circular to maintain status quo on the issue.
“The undersigned is directed to refer to the visit of the team of officials headed by the G V Prasad, Additional Secretary (MHA) from 07/03/2015 to 08/03/2015 to assess the ground realities and problems faced by the Goans and their apprehension faced about loss of Indian citizenship for registration of births with the Central Registry Births of Lisbon. The issue has been discussed in detail in light of the Goa Citizenship Order 1961,” the circular issued by the Under Secretary MHA Anand Joshi states.
Further, it reads, “It has been decided by the ministry that a status quo in the state of Goa regarding citizenship issues till final decision is taken by the Central government.” However, officials in the CEOs office say that the circular has no meaning unless the law is amended.
“A circular cannot supersede the provision of law unless they are amended. In this case of the electoral registration rules have not been amended and hence the circular cannot be binding on the Election Commission of India,” said an official, who did not want to be named.
He further said, “India does not allow dual citizenship and hence you cannot have dual citizenship.”
“We will begin the electoral roll revision in August and end by October. If the law is not amended by this time, we will seek names of Portuguese passport holders from the FRRO and send them to the district collector for further process and then strike off the names,” the official said.
Further, he said, the FRRO has so far named around 35,000 passport holders residing in Goa. “This list does not have the names of politicians, even legislators, police officers, bureaucrats, lawyers besides it also does not have the names of citizens card holders and hence the total number could be around 1.2 lakh,” the official said.
Asked how they intend to get the list of 1.2 lakh people, the official replied, “We will write to FRRO and see. Right now no decision has been taken on the issue.”
When contacted for his views on the issues, Joint Chief Electoral Officer Narayan Navti initially refused to a comment on the issue. “The issue is being dealt with by the Central government and hence I do not want to make a comment,” he told Herald.
But he admitted that a circular cannot supersede the law and hence the law has to be amended.
Navti said many passport holders are voluntarily asking for deleting their names from electoral rolls. “In last two months quite a sizeable number of people have voluntarily come to delete their names,” the Joint CEO said.
When contacted for comments Additional Secretary Home Sanjeev Gadkar said that there has been no communication from the Ministry of Home Affairs on the issue. “The State had communicated to them but till date there has been no communication,” he said.
Commissioner for NRI Affairs Dr Wilfred Mesquita said, “The same circular issued by the MHA still stands. We are in communication with MHA and the issue is being tackled.”
Asked how many people have registered their birth in Portugal, he replied, the consulate is not ready to give any details. “There was even an Assembly question on the issue but the consulate refused to answer,” he said.
Data with ECI has revealed that 2,200 people have changed their nationality in Goa in the financial year 2012-13, which means an average six people a day.
From January to August 2015, 2,158 people gave up their Indian passports at the regional passport office in Panjim, after acquiring Portuguese passports. The year 2014 saw 1,660 passports being surrendered.
The issue gains relevance as thousands of Goans have opted for Portuguese nationality since 1974, when Portugal allowed Goans born before 1961 and their children up to the third generation to avail of Portuguese citizenship. Goa was liberated after 451 years of Portuguese rule in 1961.
Under Portuguese law, those born in Portuguese colonies before liberation – in Goa that would be 1961 – continue to be Portuguese, provided their births are registered in Portugal. Their descendants, up to the third generation, are also eligible for Portuguese passports, which is an incentive for even senior citizens who are otherwise not interested in moving, to get their names registered at the Conservatoria dos Registos Centrais (Central Registry of Births) in Lisbon.
