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Opinion
Duel Over Citizenship

Goa I Wednesday, January 9, 2013

100 years ago

With mining explorations in Goa taking precedence, the government has announced some measures for the benefit of explorers

Indian Federalism and Goas Future

teotonio r. de souza

ts been a season of petitions over the dual nationality issue, with two pleas filed against BJP Aldona MLA Glen Souza Ticlo alone last week. Congress party functionary Sudip Tamhankars petition before Governor Bharat Vir Wanchoo said the fact that Ticlo had registered his birth at the Conservatria dos Registos Centrais in Lisbon in 2009 meant he held dual nationality, which attracted his disqualification from the States Legislative Assembly. Producing copies of the MLAs certified birth registration in Portugal, an Aldona resident Melwyn Fernandes filed a second disqualification plea with the Governor against Ticlo on Friday. Those watching the political play behind the recent petitions and the one filed by Churchill Alemaos daughter Valanka against Goa Vikas Party MLA Caitu Silva before the High Court of Bombay at Goa, are still trying to make sense of another little detail: why did politician-lawyer Radharao Gracias of the United Goans Democratic Party ~ who accompanied Fernandes as legal counsel ~ decide to step into this imbroglio? Is it meant to keep Chief Minister Manohar Parrikar on edge, or is it just the penchant of some for stirring the political hornets nest coming to the fore? The chief ministers response to the disqualification pleas against his builder-hotelier MLA has been interesting. He said, technically, the forefathers of all Goans and those born here before the 1961 Liberation were Portuguese by circumstance of history. Those who stayed back became Indian citizens and those who chose to leave with the Portuguese defeat chose to become Portuguese. Merely registering ones birth in Portugal did not make you a Portuguese national, Parrikar argued. The Chief Ministers defense stems from valid arguments. But it also reflects a sense of disquiet over a legally challenging issue that is likely to trouble him politically all through this term. On a wider canvas, dual nationality has been an issue of much debate globally as some international borders become less restrictive on migration for economic considerations or the stark reality of drastically declining populations in developed countries hits home. Japans population, for instance, declined for a third year in a row in 2012 and projections showed that given this trend, its current population of 127 million could be halved by the end of the century. Scores of countries today allow for dual nationality, among these the United Kingdom and Portugal. The USA ~ one of the most sought after countries to emigrate to ~ allows dual nationality by automatic operation of different laws rather than by choice. It is rather unfortunate that the right to Portuguese citizenship to Goans that opens up the prospects of jobs in European Union countries to young people from this State should have become a source of so much conflict at home. Unofficial data suggests that nearly 20,000 Goans have moved to the UK over the last four years either by acquiring the Portuguese passport or the Carto de Cidado. The Portuguese bureaucracy has been itching to have its politicians change the law and wind up the rights still granted to a few of Portugals former colonies, Goa, Daman & Diu among them. Given the complexity of the issue and Portugals far more debilitating economic crisis, politicians in that country have largely ignored the prodding. Viewed from this end of the spectrum, there is a rather dark irony to the whole emigration/dual nationality issue. BBC reported last year that thousands of unemployed professionals were leaving Portugal to escape its crippling economic crisis to seek out jobs in its former colonies such as Brazil, Angola and Mozambique. Portugal has a diaspora of three million around the world, but the recent one is believed to be its biggest emigration wave since the 1960s, the report said. If one were to ask all those young Goans who have temporarily relocated abroad that if given the chance of a better job here, would they rather live in Goa or London, theres little doubt 90 per cent of them would opt to return to roots. Emigration and dual nationality should be seen as issues of opportunity rather than patriotism. Hundreds of thousands of Indians live abroad and have acquired nationalities of other countries. No one questions their loyalty or disloyalty to India. Why should we single out immigrant Goans?

historical explorations

the indian Constitution not only permits, but also ordains various states to enact special laws to limit the ownership of land only to some designated residents. Goa does not have to reinvent the wheel

he time may be ripe for Goans to demand Special Status to Goa by seeking an amendment of Article 371 once again to obtain their demand. The latest such amendment as 371 (J), has approved special status to the region of north Karnataka, including six districts of Gulbarga, Bidar, Raichur, Yadagir, Koppal and Bellary. This creates special conditions for the development of this region. The legislation granting the status was signed by the Congress backed President Pranab Mukherjee, with political backing of Sonia Gandhis United Progressive Alliance. Goa too can taste Indian Federalism to the full. The time is ripe, but only for tightening the political screws. Manohar Parrikar deserves praise for his initiatives, but we may have to wait for the results till the next election, leaving it to the Congress Party to make it its electoral banner to return to power in Goa. Sonia Gandhi did make some agreeable noises during her visit to Goa to mark the golden jubilee of Goas liberation. She referred in her speech to Goas liberation, opinion poll and statehood, all three major events in the post-colonial development of Goa as gifts of her party, if not

from her family. But the mining quake buried the Congress. India does not need to learn lessons of federalism from America. During the recent developments in Asia, China has made special provisions for Hong Kong, Macau and other autonomous regions. Unfortunately, Indonesia failed the test in the case of Timor, largely made difficult by a neighbour with an eye on rich oil resources and the former colonial power to compensate for its past failure. If Sri Lanka is to find a solution within a federal structure, it will have to examine Indias unequal but special approach to federal governance to solve its problems with the Tamils. Article 371 of the Indian Constitution contains special provisions for Maharashtra and Gujarat. Special provisions were produced under Articles 371 (A) for Nagaland, 371 (B) forAssam, 371 (C) for Manipur, 371 (D) and (E) for Andhra Pradesh, 371 (F) for Sikkim, 371 (G) for Mizoram, 371 (H) for Arunachal Pradesh, and 371 (I) for Goa, and 371 (J) for Hyderabad-Karnataka. To this may be added the Fifth and Sixth Schedules of the Constitution, which grant special provisions to the tribal areas and the north-

eastern states. It is self-evident that the unique treatment given to the unequal but special states of India, is due to historical factors or because specially placed people needed special treatment. Article 370 is not an anomaly but an exciting example of the infinite possibilities of federal governance in India; and, perforce, the sub-continent. The separate but special status of Jammu & Kashmir does not militate against the state being an integral part of India. Jammu & Kashmir has had its own Constitution since 1957, the only State in India to do so within the conspectus of the Indian Constitution. How is a Kashmiri to be defined? Article 35A of the adapted Union Constitution empowers the Jammu & Kashmir legislature to define its permanent residents and limit the rights to settlement and owning immovable property. Equally, the Constitution of Jammu & Kashmir ensures that all permanent resident Kashmiris shall also have all the constitutional rights of all other Indians. But not everyone can settle in the State to claim its permanent resident status. The concept of a permanent residential status as a basis for ac-

cording special privileges to residents of an area, is no stranger to Indian governance. Neither is the idea that the ownership of immovable property rights should be confined to certain people in certain areas. Today, the hill states of Himachal Pradesh and Uttaranchal have restricted land ownership to their residents. In relation to Nagaland and Mizoram, the Indian Constitution permits special laws in respect of ownership and transfer of land and its resources. The Fifth Schedule of the Constitution contains special provisions to limit land transfers among tribals. Such policies exist throughout the northeast and tribal areas. Thus the Indian Constitution not only permits, but also ordains various states to enact special laws to limit the ownership of land only to some designated residents. Goa does not have to reinvent the wheel. As a full-fledged State of the Indian Union, it has to only convince the union government that the ground of its legitimacy as a State, is doomed without the Special Status which may empower the State Government to adopt legal instruments to safeguard its cultural and territorial identity and integrity ~ the ground of its Statehood.

Women must be respected I

arlette azaVedo

wise counsel i fail to understand what her fault was

t was only last week that we rung in the New Year. January is the time to make new resolutions. While many of us commit to various resolutions, sadly, only a small percentage will truly follow them. Im not saying that resolutions arent worth it. How about creating this New Years mission statement for ourselves? Seize the moment and make a collective pledge to treat all women with respect and to demand the same from others. Let us pledge to fight discrimination against women at home and the workplace. Let us resolve to intervene when we see a woman being harassed by word and/or deed and ensure that complaints are lodged and acted upon. It will be a long and demanding fight within us and with the world outside. Never-

theless, it will be one that genuinely honours the fearless one. If every mother teaches her son to respect every girl, women could be protected in future. The greatest service that one woman can do for her ilk, is to instill in her children, brothers and husbands, the right values so that they respect women. Respect for women is not an option, it is a necessity. I truly believe that only when both, a man or a woman unites to fight this menace of rape, will it be eradicated to a certain extent. Our weak judicial system and society which keeps silent and passively watches the culprits being pardoned by the system, increases the number of such barbaric acts. The recent case of the rape of the 23-yearold paramedical student in Delhi has trau-

matized the whole nation. Rape is a terrible crime. Rapists are perverts who have a sick mind. These perverts commit violent crimes such as rape because they apparently do not care about the rules laid down by civilized society. These dangerous predators need to be locked up for life as the least punishment or something more severe, so as to deter others from even thinking of committing crimes such as rape. It pained me to note that this young doctor was courageous and wanted to live. This is the strength of a woman. I fail to understand what her fault was. She wasnt dressed inappropriately, she didnt invite attention, she was not drinking in a pub; she only wanted to get home to her family. Is that a crime, then?

letters to the editor Transport woes

The only way to control traffic jams and consequently accidents and untoward incidents, is to popularize public transport. I realized this when I was greatly inconvenienced while trying to be on time for mass on Sunday, (which was also the feast of the epiphany) on the Mount of Our Lady of Remedy. All types of vehicles were allowed to move simultaneously towards the mount causing a huge traffic jam. This hillock of Cuelim, where the feast of the Epiphany is celebrated with great pomp and fervour, attracts large crowds from all over Goa. It has long narrow circuitous roads, which can be a death trap. Prevention is better than cure. When there is a fleet of buses provided to come here for the feast, why dont people use this instead of their private transport? It may be a sacrifice for many to lower their status (as for many, a vehicle is a symbol of status) and allow the smooth flow of traffic. But this way every pilgrim from far and wide who come to seek divine blessings can go home content after partaking in the services? Public transport is the only alternative suggested even by experts to control road congestion and even pollution and consequent global warming. The Church which emphasizes protecting the physical and social environment, should give the lead by opting for public transport and prohibiting individual transportation on that festive occasion. Maria Mascaranhas, Arossim

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Transplant and save trees

There is an assumption amongst our authorities that trees obstructing development of any kind, should be cut. Generally, no alternative options are considered, and in connivance with the timber lobby, orders are issued for the trees to be felled. The Forest department more often than not, takes a neutral position and advises that unless unavoidable, the minimum number of trees should be cut. However, no follow-up action takes place on this, and it is found that trees are cut indiscriminately. The Forest department is told that compliance will be assured in the next project. What we need to do with regard to growing trees as well as mature ones ~ is to transplant them if possible in the same area where the trees originally existed. Transplanting is a very viable option and has been done with great success in Mumbai and Bangalore when road widening exercises were being contemplated. The house of Tatas has played an important role in sponsoring these efforts. In a similar way our corporate entities in Goa should come forward to support the effort of transplanting trees that are under threat. raped. As a European woman I deplore the sight of European women wearing swimwear in the streets of Goa (keep it on the beach ladies). I equally do not agree with women being totally covered in order to protect men from becoming sexually aroused. This is a way of infantilising men and allowing them not to be responsible for their own behaviour. I have more respect for men; I expect them to behave like mature adults, not as babies or animals. The classic film Umrao Jaan tells the story of a young girl kidnapped, raped and kept as a courtesan. When she finally finds her family she cannot be reunited with them, as it is she and not the rapists who have brought dishonour on the family. The rapists and abductors are not held accountable because after all, this is what men do! We increasingly live in a blame culture where few are willing to take responsibility for their actions. We are all responsible for our own actions. Let

Attract better tourists

It takes a special kind of character to travel to a foreign country and tell off the local government. Travel ~ especially overseas travel ~ is a luxury that many in this world cannot afford. And it seems that even some of those who cannot afford this luxury, still manage to reach Goa! With the value of the rupee at its lowest, how can so many international visitors be dissatisfied? Goa needs to start attracting a better class of tourists, who understand that vacations cost money and that they are subject to the laws and rules of the country in which they are staying. Christine Russon, Canada

peoples edit

When bus agents trick

Valerie Madre deus

e have traveled many times by bus from Goa to Mumbai and back. But we were duped by a bus representative at the Mumbai bus stop on the bridge in Panjim. On December 10, 2012 I had booked a ticket for Rs 2200/- on a bus. The date of travel was January 1, 2013. The reporting time for passengers was 7:30 pm. We reported on time and met the representative, who gave us the bus number and told us that the bus would arrive at the stop at 8:00 pm. The bus was delayed by half an hour and finally arrived at 8:30 pm I put the luggage in the holder and my daughter was about to board the bus when the representative snatched the receipt from her telling her that she had entered the wrong bus ~ he then scratched the earlier bus number and wrote another bus number informing us that the bus would arrive at the bus stop only at 9 pm. Shocked and confused, we removed the luggage from the holder. While, my daughter and I were moving away from the crowd and discussing the issue, an RTO officer standing close by heard our conversation. Very politely he asked me for my receipt. Reading the number of the bus on the receipt, he informed us that the bus number was that of another company. The earlier scratched bus number was the bus for which I had booked a ticket. In the meantime I called my brother who in turn called the booking agent. They rang the representative and ticked him off. The representative immediately gave us a seat on the bus ~ in fact a more comfortable one, up front. I am very grateful to the RTO officer for his help. I am happy that there are RTO officials present to guide passengers who fall prey to these representatives. I must mention here, that the representative treated the lone lady passenger unjustly. I was given to understand that he represents three other bus companies. This is how he can juggle passengers into any bus. Is there a guarantee that we will be accommodated in the particular bus on which we have booked a ticket? Are the bus companies taking a note of my discomfort? Who do we contact at the late hour of 8 pm to 9 pm, if we are stranded? What kind of representatives and touts do these bus services employ? If it was not for the help extended to us by the RTO officer, my daughter would have been waiting for the 9 pm bus and only then learnt that it was not the bus by which she was to travel. I request the RTO officials to implement the rule that these representatives put on a uniform and a badge with their name plate and that of the bus company they represent on it, so that passengers know who to approach. A strict check must be kept on the activities at the outstation private bus stops in Goa.
dsad

Specific to the road widening exercise of the NH17 at Porvorim , out of the three trees that are under threat of being cut at the left of the exit of PDA Colony ~ a smaller tree is to be felled while the other two could be saved by re-routing the additional lane planned, Ashok Dande, one of Goas celebrated garden enthusiasts, who is a landscape designer, has offered to transplant the tree near its existing location. The PWD must take note of this and take positive action to save these trees. S. Kamat, Alto Betim us start demanding that of each other. Sally Bernal, London

Image makeover
The brutal sexual assault and gang rape by six men on December 16, 2012, leading to the death of the 23- year paramedical student in Delhi, is the worst that could happen in our country. It will go down in human history as unprecedented, and one of the most barbaric acts in civilized India. The facts are out but the Delhi police seem unwilling to accept them in a bid to hide its failure to protect the rape victim in distress. Neither is the government willing to amend the law to bring in stringent punishment to the rapists, so that such beastly behaviour is not repeated in the near future. Murder is unforgivable ~ the blood of the victim will cry for justice. The police reveal the truth fearlessly and the government must not hesitate to act swiftly and award the most stringent punishment to the rapists. Failure to do so will only mean that the police and the government are the perpetrators of crime and fraud in our country. Should we not change the image of India so that we are respected and honored as civilized citizens of the world? Ayres Sequeira, Salvador do Mundo

Sunburn deafens
We can consider the revenue paid to the Goa government for the Sunburn event, a bribe for permission to be granted. Given the decibel level of this event, it should have been shut down. It is shocking that the government and panchas of the village panchayat allowed this event to be held in a residential area. The only reason given for this event being held is money ~ that too at the cost of the lives of those living in the area. It is shocking that the panchas and government have admitted to being law breakers for money in the name of tourism. Will there come a time, very soon when they will direct the residents to entertain prostitution and drugs as it brings in tourists? The government must urgently think of ways to host such events far away from residential areas. Raymond Monteiro, Calangute

A blame culture
RSS chief Mohan Bhagwat is on a dangerous track by suggesting that a cause for rape is westernisation. Men rape women because they have no respect for women or themselves and no sense of honour or dignity. To try and blame westernization is yet another way of saying these rapists have an excuse and they are not accountable. No woman asks to be raped. If a woman dresses or behaves in a way which is deemed inappropriate to the culture or situation she is in, she should expect to be stared at and berated, but not

Visa cost
I am from Germany and visiting friends in Panjim. Embassy fees are the same everywhere ~ but in Germany one is not allowed to apply for visas at the Indian Embassy directly. We have to compulsorily go through Cox and Kings, and pay a service charge for the same. Petra Setili, Germany

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