How does one get in touch with you, Francis? On Sun, 27 Jan 2019 at 01:35 Goanet Reader <[email protected]> wrote:
> This is an issue of some importance; I understand many people of > Goan origin are now having to wrestle with this problem and > it is therefore in the public interest. > > Since the BJP ascended to power in Delhi some four years ago, > it has become a requirement for people of Goan origin seeking > an OCI (Overseas Citizen of India) card to prove that their > ancestor (the one being cited as born in Goa prior to the end > of Portuguese rule in 1961) *did not* opt for Portuguese > citizenship by the deadline of April 28, 1962. > > Ten years ago my brother acquired OCI status on the grounds > that my mother was born in Goa in the 1910s. He did so by > providing her birth certificate (which states that she had > Portuguese citizenship, as did most Goans prior to 1961) and > proving his connection with her via his birth certificate. > > I, subsequently, since a new government came to power in New > Delhi, however, have been turned down on the same grounds. I > was informed by the Indian High Commission in London that I > would have to prove that my mother did not opt for Portuguese > citizenship between December 19, 1961 and April 28, 1962. The > Kafkaesque absurdity of being asked to *prove a negative* > will not be lost on you, I'm sure. > > No guidance is provided as to how such proof can be acquired > apart from saying that one should contact the NRI > Commissioner's office in Porvorim. I then called this office > and after repeated attempts finally got to speak with a Vice > Admiral John C. DeSilva (Retd) who put me in touch with a Mr > Soares. Mr Soares, when asked if there was a register of > names of those who opted for Portuguese citizenship, did not > respond but merely said he would send me a pdf of the > Goverment of Goa Gazette which published the announcement > requiring all those opting for Portuguese citizenship to do > so by April 28, 1962 and present it to the Indian High > Commision in London. He then sent me the pdf. When I replied, > thanking him but stating that this did not constitute proof > that my mother had not opted for Portuguese citizenship, I > met with a stony silence. > > Incidentally, that Government Gazette (Boletim Oficial) > states as follows: > > QUOTE > > GOVERNMENT OF INDIA: Ministry of Home Affairs > New Delhi-11, the 28th March, 1962. 7th Chaitra, 1884. > > NOTIFICATION No 1/1/62-IC > > In exercise of the powers conferred by section 7 of > the Citizenship Act, 1955 (57 of 1955), the Central > Government hereby makes the following Order, namely: > > 1. This Order may be called the Goa, Daman and Diu > (Citizenship) Order, 1962. > > 2. Every person who or either of whose parents or > any of whose grand-parents was born before the > twentieth day of December, 1961, in the territories > now comprised in the Union territory of Goa, Daman > and Diu shall be deemed to have become a citizen of > India on that day: > > Provided that any such person shall not be deemed > to have become a Citizen of India as aforesaid if > within one month from the date of publication of > this Order in the Official Gazette that person > makes a declaration in writing to the Administrator > of Goa, Daman and Diu or any other authority > specified by him in this behalf that he chooses to > retain the citizenship or nationality which he > had immediately before the twentieth day of > December, 1961: > > Provided further that in the case of a child, the > declaration under the preceding provisio of the > father, or if he is dead, of the mother, or if > both parents are dead, of the legal guardian shall > determine the citizenship or nationality of such > child if on the date of such declaration he is > below eighteen years of age, but such child may, > withn six months after attaining the age of eighteen > years make a declaration in writing to the > Administrator of GOa, Daman and DIu or any other > authority specified by him in this behalf that he > wishes to acquire Indian citizenship and shall > thereupon become a citizen of India > > (Fateh Singh) > Joint Secretary to the Govt of India > > --- > > MILITARY GOVERNMENT > GOA, DAMAN AND DIU > Order > > In exercise of the powers conferred on me by the > 1st Proviso to Paragraph 2 of the Goa, Daman and > Diu (Citizenship) Order, 1962, I hereby specify the > Senior Superintendent of Police, Panjim as the > authority to receive declarations in writing about > the retention of the Citizenship or Nationality. > > 2. By virtue of Paragraph 2 of the Order every > person who or either of whose parents or any of > his grand-parents was born before the 20th day > of December 1961, in Goa shall be deemed to have > become a citizen of India on that day. Any person > who makes a declaration in writing to the > Senior Superintendent of Police before the 28th > April 1962 that he chooses to retain the citizenship > or nationality which he had immediately before the > 20th day of December, 1961 shall not be deemed to > have become a citizen of India. > > Military Government, Goa, 5th April, 1962. > > THE MILITARY GOVERNOR, > K.P. Candeth, > Major General. > > UNQUOTE > > I then attended the Open Day at the Indian High Commission, > presenting the PDF of the Gazette. Surprise, surprise. I was > told that this did not constitute proof, etc. I told them of > my experience with the NRI Commissioner's office in Goa. They > reiterated that that is the office I should contact for this > proof. I then contacted Goa again and was told it had nothing > to do with them. I then got a friend in Goa to visit the NRI > Commissioner's office and a local advocate got involved too > but they've met with blanks. > > I revisited the Open Day at the IHC and was told to send an > email to them stating all that I had done to date and to ask > for who I should contact in Goa for this proof. I asked why I > couldn't be given the contact details there and then and was > fobbed off with the flimsiest of excuses and 'commanded' to > write in, some weeks later. When I sent a reminder email > asking for a response I was directed yet again to the NRI > Commissioner's office in Goa. When I've called the office, > there appears to be nobody in authority who is able to attend > to me; they invariably are 'out of the office' or 'in a meeting'. > > This OCI application saga commenced sometime in > 2018 but I have not made a millimeter of progress. > The only reason I am applying for an OCI card is > because I have NRE and NRO bank accounts. I have > operated these accounts since 2006 but it is now a > requirement to have an OCI card in order to own > such accounts. > > Inevitably, one is compelled to ask why this is happening. I > hope I am wrong but I have begun to suspect that there are > sinister reasons. By denying a section of the population -- > those who have migrated -- -the possibility of an OCI card, > at a stroke one denies them the right to have bank accounts > in India or to own property there. I know too that the Goa > government has announced plans to compile lists of empty > properties in Goa. Why would such lists be compiled, one is > forced to ask oneself? > > One wonders too, whether this requirement of proof is > extended to people from Daman and Diu? If not, one would want > to know why. > > Some of what I've said is speculation, based on my > observations, experiences and deduction. But such an issue > clearly needs closer looking into. > > My unresolved OCI application has cost me UKP230 and hundreds > more as I have had to hire carers for my disabled wife while > I attend to these matters. I have now also had to get a visa > for India (UKP130), so that I can come and deal with my > frozen bank accounts. If I had hair to pull out, I'd be bald > for a second time.... > > PS: On a technicality, in the 1961/62 conflict Portugal > argued in the United Nations that Goa and its other > territories were part of Portuguese sovereign territory and > that India's action constituted an invasion. It appealed to > its allies to help it regain the territory. India, rightly in > my view, poopooed this absurd idea stating that it was self > evident to all that Goa was part of Indian territory and that > the Portuguese presence was nothing short of a colonisation. > Purely from this position it therefore stands to reason that > the people of Goa, from an Indian standpoint, are Indians. We > have never had to prove it before. With the rise of saffron > politics, it has now become an issue. Christians in India, > who form a significant part of the diaspora which gets > affected by such measures, small in number, are a soft target. > -- > Goanet Reader welcomes articles of relevance and importance to the Goan > community worldwide. > -- Keep Going Gerard de Souza Principal Correspondent Hindustan Times (Goa) Ph 9765853312, email: [email protected] Blog: http://www.bygerarddsouza.blogspot.in Revora, Bardez, Goa 403513 plus.google.com/+GerarddeSouza/
