|
DUAL
CITIZENSHIP - DOES IT LIVE UP TO PROMISE?
The
Government of India recently decided to grant Overseas Citizenship
of India ("OCI"), making it operational from December 2,
2005. OCI grants or restores Indian citizenship to Persons of
Indian Origin ("PIOs") residing abroad who had either surrendered
their Indian citizenship upon grant of citizenship of their host
country or were born in such host country of such parents, or
had grandparents who had emigrated from India.
The
grant of OCI thus confers dual citizenship to PIOs who had become
citizens of their country of residence. PIOs, whose parents, grandparents
or even the person himself or herself who were, or were eligible
to become, Indian citizens as of January 26, 1950, and their minor
children are eligible to apply for OCI. The scope of OCI has been
extended to PIOs of all nationalities residing in countries other
than Pakistan and Bangladesh, that allow dual citizenship under
their local laws. PIOs who had formerly been resident of territories
such as Goa, Pondicherry and Sikkim which merged with the Indian
Union after 15th August, 1947 are also eligible to apply.
A
Press Note issued by the Government of India on December 2, 2005,
provides that persons registered as OCIs will be entitled to the
following benefits:
-
Multiple
entry, multi-purpose life long visa to visit India;
-
Exemption
from registration with Foreigners Regional Registration Officer/Foreigners
Registration Officer for any length of stay in India;
-
Parity
with all benefits offered to Non-Resident Indians ("NRIs")
in the financial, economic and educational fields except in
the acquisition of agricultural or plantation properties.
The
Press Note also states that registered OCIs will not be granted
any right of election to Constitutional offices such as the President
or Vice President of India, or as judges of the Supreme Court
or High Courts, or members of Parliament or the Legislative Assembly/Council.
Registered OCIs, will not be entitled to any voting rights. However,
the Government of India is considering the grant of voting rights,
according to Oscar Fernandes, the Minister of Overseas Indian
Affairs. Registered OCIs will also not be entitled to the rights
conferred on a citizen of India under Article 16 of the Indian
Constitution with regard to equality of opportunity in matters
of public employment. The grant of OCI status is therefore a restricted
right to Indian citizenship.
Accordingly,
the Citizenship Act, 1955 ("Act") and the Citizenship Rules,
1956 have been amended to simplify the application process and
streamline the procedure for grant of OCI registration.
If,
on scrutiny, there is no adverse information available against
the eligible applicant, the Indian Mission/Post will register
such applicant as an OCI within 30 days of application and the
case shall be referred to the Ministry of Home Affairs ("MHA"),
Government of India, for post-verification of the antecedents
of the applicant. The MHA may approve or reject the grant of registration
within 120 days.
A registration certificate in the form of a booklet will be issued
and a multiple entry, multi-purpose lifelong OCI "U" visa sticker
will be affixed on the foreign passport of the applicant upon
grant of registration.
It
has been anticipated that a large number of the Indian diaspora
will benefit from this scheme, paving the way for a hassle-free
entry into and stay in their motherland while adding significant
value and benefits to the Indian economy, thereby contributing
to India's development process. Though this is a step in the direction
for dual citizenship, it is seen as falling short of the promise
made to the Indian diaspora.
|
|
|
You
can direct your queries or comments to the authors
|
Source:
Ministry of Home Affairs - www.mha.nic.in
|
