Portuguese Nationals of Goan Origin : A solution

First appeared in the Goan Observer

The 2012 elections opened the proverbial pandora's box. A losing candidate decided to test the law with regard to her rival's citizenship status. The idea being that if the citizenship rule could be used to disqualify the winning candidate then automatically as the runner up she could get promoted. Am not sure if the election rules allow such a promotion but till date there is no clarity. Wonder what would have happened if the complaints were against the winning candidates belonging to the opposition.

The current status is that the government has decided to drop the dual status citizenship cases against all involved for lack of evidence. Lack of evidence is surely euphemism for “buddy we want to do nothing”. Strangely after searching ( if they did search) for evidence for three odd years and not finding any against 500 odd suspects, the Government decided to open a fresh case against another individual who has been a thorn in their flesh. Does the government feel that pursuing a single case they have a better chance of getting evidence. Most likely it is a case of vindictiveness, different strokes for different people.

Goans feel that it is their birthright to acquire a Portuguese citizenship or passport because the rules in Portugal permit it. Portugal has allowed citizens and their progeny of its former colonies to acquire Portugal citizenship. Unfortunately or fortunately this was not thought of or allowed by the crown, read UK. Most inhabitants of Pondicherry have also got this facility from their french rulers and till today they vote by postal ballot in french general elections, despite being “indian” citizens. Most likely they vote in Indian elections too. No one has bother to upset the apple cart so in Pondicherry every one lives happily.

Goa too enjoyed this comfortable situation where many registered their births and followed the process of acquiring Portugal Citizen ship with no intention of actually settling down in Portugal. In recent years, the European Union has made access to the UK relatively a cake walk with a Portuguse passport. This prompted many Goans to move to what they see as El Dorado, a place of milk and honey. They have flocked there and this number is increasing day by day. This means that people from outside Goa have rushed in as they see Goa as a land of milk and honey, about this another time, it is another story. While it is understandable if those going to find their pot of gold our youngsters fresh out of college and looking at more opportunity. However those leaving are not necessarily young and whose range of possibilities in a new land are severely limited in addition to the handicap of acclimatising to harsh winters. This is a challenge for any Government to try an stem this exodus. Again another story.

This window of opportunity is not going to last long with the UK most likely going to stop this free entry by opting out of the EU. With the terrorist attack in Paris, the EU itself is considering closing the borders and restricting free entry throughout the EU. Border checks will be back. So this will once again mean that Goans with Portuguese passports are only going to use it as a status symbol and not actually leave the shores. The current situation does not allow them to use it as a status symbol, least their neighbour files an FIR as a means to hit back due to some domestic dispute. Recall the latest FIR's in a lawyer v/s lawyer row.

What can the Government do now, now that the issue has been raised by a selfish politician (are there unselfish politicians, another story) for selfish ends. The issue has to addressed. The Governments ostrich type (head buried in the sand) response is not going to help. Also using the situation to keep rivals in check or MLA's from the party loyal is not a long term strategy. Clarity has to be first priority of the State government as the situation effects many.

First we have to acknowledge we have a problem. India does not allow dual citizenship and that will not change, not in a hurry for sure. The central Government has already made its stand clear. Once a person takes up another citizenship, he automatically ceases to be an Indian citizen, there is no question of applying to be deregistered. Currently we have knowingly or unknowingly many foreign nationals of Goan origin residing in Goa/India but enjoying illegally the benefits of an Indian citizen. The problem with enjoying these benefits illegally is that it makes the beneficiary vulnerable to criminal prosecution.

Let the Government of India, citizenship is a central subject. Our Defence Minister can take up the case on behalf of these foreign nationals of Goan origin residing in India. Offer a six month amnesty and at the same time create an awareness about what the person can and cannot do, eg: surrender voter id, passport ration card etc. Undertake a drive to allot Overseas Citizen of India (OCI) card to such people so that they can now live peacefully without any issues like any normal Indian citizen but without voting rights or the ability to but agricultural land. Even if an amnesty is not feasible immediately, the NRI cell which is already in existence should and can be utilised to help those with Portugese passports to get an OCI card.

Another possibility is to give an option to those who did not realise the consequences of becoming Portuguese citizens, Show the how to apply again for Indian citizenship if they wish, fast track such cases. Obviously just throwing your Portuguese passport away will not be the best solution as it would make the person liable to future criminal prosecutions.

While holding the proverbial “Sword of Damocles” may have advantages in the short run, the Government of the day will surely reap many brownie points if they actually go out and assist this section of Goan society and pave the way for their continued peaceful living in Goa.