Indian penal system has failed to detect nationality law violators

By Teotonio R. de Souza

Formerly known as the Estado da Índia,  Goa  was regarded as an integral part of Portugal (as distinct from a colony) under Portugal’s Constitutional Amendment  of 1951. Earlier it was colony, under tutelage of a Ministry for Colonies. This ministry was later renamed as Ministry of Overseas Territories (Ministério do Ultramar).  This change was put in place when Portugal was asked by the UN General Assembly to provide a list of its colonies for the purpose of mandating its self-determination in keeping with the UN Charter. http://www.un.org/en/documents/charter/chapter1.shtml

On 19 December 1961 India invaded and annexed the territory. The annexation was not recognized by Portugal and by the United Nations until 1975, until Portugal re-established diplomatic relations with India in 1975. The recognition of Indian sovereignty over Goa was backdated to 19 December 1961. Portuguese nationality law allows therefore those who were Portuguese citizens connected with Goa before 1961 to retain Portuguese nationality, while the acquisition of Indian citizenship was determined to be non-voluntary at the time of Goa’s annexation by India.

Anyone interested in the ongoing debate about “foreign” legislators in Goa, should not fail to read carefully the Portuguese Nationality Law 37/81, of October 3 and its amendment by Organic Law 2/2006, of April 17 [ http://bit.ly/1iRXtRP ].   The article 28 of this law could benefit those who acquired Portuguese nationality and continue residing in Goa, but if Indian law considers its nationality as automatically revoked by the acquisition of any other nationality, its application seems to stand nullified.  The Article 28  refers  to Conflicts of foreign nationalities, and states that In positive conflicts of two or more foreign nationalities relevant is only the nationality of the State in whose territory the person has his or her habitual residence, or otherwise the nationality of the State with which he or she maintains a closer connection.

Obviously, Portuguese nationality law seeks to respect rights and wishes of its citizens, both present and the past ones through jus sanguinis, in cases where the jus soli  may have ceased to justify, as in the case of  Goa after the Indian occupation, legally recognized by mutual accord. It is now the exclusive responsibility of the Indian post-colonial authorities in Goa to enforce its laws. Penal laws are not moral laws, and the Goans may wish to circumvent them to suit their interests, unless they are effectively prevented from doing so.

What has failed apparently is the Indian penal system in its effectiveness to detect the violators of the Indian nationality law. In extreme cases, countries like the USA announce from time to time attractive capitation prizes to those who willing to denounce wanted “criminals”.  In the absence of a parallel procedure in India, Goa had to wait till very recently for other incentives to denunciations. These came from the political rivals who lost in the elections for the legislative assembly.  Now that the precedent has been set, the panchayat network could activate closer residential informants. We may be close to watching new developments.

To conclude, we might ask if Portugal has no legal obligation towards its citizens abroad, including those in Goa. Perhaps, it may be forced to rise to the occasion, if it finds over 40,000 (suggested to be concentrated in Salcete) dormant Portuguese nationals, many of them occupying  responsible public offices, forced to seek shelter in  Portugal, after being ferreted out by the Indian authorities.

A new wave of “retornados” may come as a shock to Portugal reeling under economic crisis. It is presently exporting nearly 10,000 citizens every month according to some public media reports.  Only then Portugal may cry out for the helping hand of India to regulate seriously its citizenship offer to Goa.  And Lusophile Goans may learn to stop living in post-colonial Goa with colonial minds. (ENDS)


Source: The Goan, Published November 30, 2013