Sometime in the
morning of 25 October, I received an SMS from a friend. The SMS contained the word
‘traitor’, followed by a link to an article in that day’s Times of India titled ‘Goan
with the wind’. The article, authored by Lisa Monteiro and Andrew Pereira, offered
figures and comments on the phenomenon of scores of persons from the former
Portuguese State in India (Goans, for the sake of brevity) ‘migrating’ after
claiming Portuguese passports. The article itself made no suggestion of
traitorous behaviour on the part of these persons, leading to the conclusion
that it was not the facts that were
problematic but their interpretation. Such an interpretation requires that we
supplement our analysis with additional information.
There is a
suggestion that the migration of Goans holding a Portuguese passport is a unidirectional
movement outside of Goa. This is not necessarily true. Goans have been
migrating for centuries, whether to East Africa, to other parts of Asia or,
more recently, to the Persian Gulf and Europe. Most of these migrations have
been marked by a return of these Goans’ earnings to erect the beautiful homes that
are today mistakenly marketed as ‘Portuguese’. This is to say that Goan
migrations have not traditionally been unidirectional. Rather, they have been marked
by a back and forth between the two territories. If contemporary migrations
with the Portuguese passport seem to have changed something—and, in fact, it is
still too early to judge whether this is the case—then, we need to inquire as
to the circumstances that might have led to this change.
What is often overlooked
is that the legal landscape that impinges on Goan migration has changed
substantially. Yes, Goans have awoken to the fact that they can obtain a
Portuguese passport and benefit from the status of the European Union, but the
other fact that is rarely commented on is that Indian law has deprived them of
their traditional rights. The rush to acquire a Portuguese passport may be a
new, decade old, phenomenon; however, at least since the first quarter of the
nineteenth century, all Goans
were formally recognised as Portuguese citizens. Predating this date, too,
varying sections of the Goan population were recognised as Portuguese citizens.
For example, from the mid-1800s, those paying property taxes were able to vote in
the elections to determine who would represent Goa in the Portuguese
Parliament. When the Indian army marched into Portuguese India in 1961, the
ability to assert this right was lost, and India unilaterally imposed not only its
own citizenship on these Portuguese citizens but also the restriction that they
could have only one nationality. This is an odd action for a state that claims
to be a liberator. Logically, a liberator only adds to existing rights; it does
not take them away.
Further, the Overseas
Citizen of India (OCI) regime is not really an option for persons who wish to
have a continuing relationship with their country. We are often misinformed
when told that the OCI card allows for ‘multiple entry, multipurpose life-long
visa to India, granting… exemption from reporting to the police for any length
of stay in India’, and that the only restrictions are voting in elections and
the purchase of agricultural land. Recent events have highlighted that this is,
in fact, not the case. Regardless of OCI status, persons engaged in research in
India need a research visa. Further, one needs a business visa to work in India
as an OCI. And finally, there is the social life of the law—the manner in which
rules are actually implemented. Take the
case of Christine Mehta, who, despite possessing a valid research visa, was
recently deported from the country, or the
case closer home of Saturnino Rodrigues, who in February 2014 claimed that
he was prevented by the state administration from carrying out mutation of a
property sold to him by an OCI.
Thus, if Goan
migration seems to be turning into a one-way exit, it is because of the
oppressive legal regime that the Indian state insists on. Goans are not
obtaining Portuguese passports; they are merely reclaiming the Portuguese citizenship that they have always
enjoyed. This is not a situation that most Indians would appreciate, because
the British Raj never allowed for natives to enjoy British citizenship. Natives
were always subjects, never citizens. A legal regime honest about history would
undoubtedly allow for a more dynamic movement of Goans between Goa and other
places. Indeed, the ongoing movement for Special Status for Goa should take
cognizance of this fact and demand dual citizenship for Goans as an integral
part of the Special Status demand.
Subsequent to
pointing to the way the legal landscape has changed and impacted Goan
migration, it is also necessary to point out the changed social landscape. The TOI
article suggested that Goan migration was pushed by ‘rising unemployment and an
uncertain economy’. This is only part of the equation. Left unsaid is the
increasing intolerance in the country, initiated well before the current rise
of the BJP, which has made Goans, and especially Catholics, scramble for
alternatives, where they will not be made to feel like minorities. Indeed, the
fact that the TOI article found it necessary to provide data regarding the
religious make-up of those reclaiming their Portuguese citizenship and forced
to give up their Indian citizenship speaks to the vitiated manner in which the
matter is being debated.
Nevertheless,
what most encounters with those migrating indicate is that the choice to
migrate with a Portuguese passport is, in fact, economic. The problem, however,
lies not in a lack of employment but in a lack of decent employment. The fact
is that in India, and this includes Goa, the salaries for blue collar jobs do
not allow for middle class lifestyles and options. While Goans migrating to
Europe may be forced to work in sweatshops and live in slums today, the existence
of a welfare state in the West, no matter how much under threat, will ensure
that their children will have options that they could never imagine in Goa and
India.
To conclude, the
Goan migration via a Portuguese passport should not be seen as evidence of a traitorous
relationship with India. On the contrary, Goans are merely asserting a
pre-existing birthright first obtained by their ancestors. Further, if Goans
are renouncing Indian citizenship, it is under the duress of the Indian state
that refuses to recognise Goa’s peculiar legal history. A number of South Asian
languages proscribe ‘going’—a word that indicates no return—preferring instead,
as in Konkani, yetam (coming). Given
a more accepting socio-legal regime, when migrating abroad Goans would very
well be saying ‘I’m coming [back]’, rather than ‘going’.
(A
version of this post was first
published in the Times of India on 3 Nov 2015.
The Director for NRI Affairs, Govt. of Goa, responded to this article in the Times of India on 13 Nov 2015.)
The Director for NRI Affairs, Govt. of Goa, responded to this article in the Times of India on 13 Nov 2015.)
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