Benaulim MLA Caitu Silva won a nail biting election on March 06, 2012 by beating Valanka Alemao by 1,998 votes but his life since then has been miserable. The Alemaos, since July 16, 2012 have been gunning for his disqualification, challenging his citizenship as he has registered his birth in Portugal on July 21, 2010. Now the case is up for judgement on June 18, 2016.
Caitu was declared on November 20, 2013, as not an Indian citizen by the prescribed authority of the Home Department and the High Court of Delhi, in another case referred him to the Bombay High Court, Goa Bench to finally decide if he should then be disqualified or not.
Caitu, like many other Goans seems to have opted for registration of birth under the Central Registry, a special benefit to residents of Goa born before 1961 and their children. Portugal allows Macau and East Timor the same benefit considering Goa, Macau and East Timor as foreign territories and not colonies of sovereign Portugal before liberation.
“This is not some open-shut case. It needs to be proved that I myself registered my birth in Portugal or if the complainant is trying to frame me. I have an Indian passport since 1976 and I have had 13 renewed passports since then continually. I have not registered my birth in any country besides being born in Goa in 1959,” claims an innocent Caitu who, unlike Glenn Ticlo has not asked for cancellation of his birth registration.
In the year 2014, advocate Radharao Gracias moved the then Governor, Bharat Vir Wancho under Article 191, 192 seeking disqualification of Caitu D’Silva.
A Home Ministry Order has stated that he ceases to be an Indian citizen after which, the then Chief Minister, Manohar Parrikar and the Governor setup a commission of inquiry, in accordance with the central government, to look into these matters.
Way back then, constitutional lawyer Cleofato Coutinho had actually gone on record to say, “But the situation here is that Caitu can be tried under the foreigners Act of 1946 and can face deportation but that action will have to come from the State Government and we’ll have to wait and watch and see how gravely the state government looks at this matter.”
Noted lawyer E O Mendes makes us read through Portugal’s laws before explaining the entire matter to us. It is important to note that after 1975, the Antigo Estado da India (the legal term for Goa, Damão, Diu e Dadrá e Nagar Avelí before 19 December 1961) was assigned a special status under the Portuguese Nationality Law.
Decreto-Lei n. 308-A/1975, 24th June – “Lei da Nacionalidade Portuguesa” – Article 1º. clause (e), clearly says that all those born in the Antigo Estado da India who declare their intention to retain their Portuguese Nationality are entitled to do so. Other ex-Portuguese colonial citizens were given a period of time to decide if they wanted to remain as Portuguese citizens or to adopt the nationality of the new independent countries like Angola or Mozambique.
Only the citizens from Antigo Estado da India were not given a time limit to decide if they wanted to continue being Portuguese citizens. They are still entitled to declare today their wish to continue as Portuguese citizens.
Mendes opines, “Now you have to understand that Goa was conquered and the Portuguese left in a hurry but over many years they declared that anyone born before December 19, 1961, is a registered citizen of Portugal. India in March 1962, gave amnesty to all born before December 19, 1961 to become Indian citizens. Also the citizenship laws in India states that until you opt for citizenship of another country, you continue to be an Indian citizen but lose the same on opting to be a citizen of another country, and not the other way round. With all this, it is clear that anyone born before Dec 19, 1961 is a dual citizen. Whoever went and registered their birth in Lisbon post 1961 to avail benefits of the Portuguese passport, is not an Indian citizen. So the government need not provide amnesty or cancel anyone’s citizenship if the Individual is born before 19 Dec 1961 but post that, the Indian government can apply its laws and take action accordingly,” asserted Advocate Mendes.
Several Goans including government servants, MLAs and MPs have registered their names in the Central Registry and the question now remains as to whether they will provided a one-time amnesty, will they have to give up their Indian citizenship and lose pension rights since most of these senior citizens registered so that their immediate children or grandchildren could avail of a Portuguese passport and not for their own benefit.
After going through various deliberations, evidences and records available, the inter-ministerial committee felt that if any question arises as to whether, when and how any citizen of India has acquired the citizenship of another country, it should be determined by provisions of Citizenship Act 1955 and Citizenship Rules 2009.
The panel recommended that the issue of citizenship of such persons will be decided by an authority designated by the Central government after receiving representations, enquire upon, in just, fair, reasonable and transparent manner and submit the report along with recommendations to central government for necessary action.
Portugal recognises dual/multi nationality while India does not since India has no tax law agreements as to where a dual citizen will pay their taxes whether in India or the dual nationality.
If the judgment and disqualification of Benaulim MLA Caitu Silva in the High Court and then a final verdict in the Supreme Court post June 18, 2016, goes through this could force the government at the Center and in the state to take certain decisions but if taken in haste, it could displace many Goans especially of the Catholic community.
The authority must handle the issue very sensitively, and not be just objective, but even subjective to effectively conclude that that purpose of registration was indeed to give up Indian citizenship.
