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Though the Ministry of Overseas Indian Affairs in a communication dated June 11 (D.O. No.OI-15014/02/2009-DS) informed that the rules to renounce the Indian citizenship have been further simplified, the Ministry of External Affairs have not taken it into consideration so far, showing the lack of coordination among the ministries.
Meanwhile, long queues in front of the Indian consulates in the United States continue for a surrender certificate. Though there is no need to get a surrender certificate in a hurry unless one needs some consular service, people flock to the consulate, many fearing problems in future.
From June 16, New York consulate will accept applications through e-mails only unless there is an emergency. The applications received by e-mails will be processed within three days, officials said.
Those who saw the message from Dr A Didar Singh, secretary of the Ministry of Overseas Indian Affairs sent to the Global Organization of People of Indian Origin, welcomed it.
But the missions are waiting for the instructions from the MEA, and reports indicated that the officials at MEA do not fully agree with the contents of the message.
In his message, Dr Singh said, "I am glad to report that following my demarche interventions, Ministry of Home Affairs had issued a circular communication on June 1, clarifying that the fee of Rs 7000 for registration of a 'declaration of renunciation of Indian citizenship' will only be charged from Persons of Indian Origin, who intend to acquire foreign nationality/citizenship in future and those who have already acquired such foreign citizenship in the past, will, by virtue of Section 9 of the Citizenship Act, 1955, cease to be Indian citizens forthwith, upon such acquisition of foreign citizenship and they will not be required to make such a 'declaration of renunciation of Indian citizenship," he said.
"As regards the surrender of Indian passports last held by such PIOs, it has been clarified by Ministry of External Affairs through their circular letter dated May 3 [para 2(viii)] that there would be no need to surrender a passport which expired before 2005," he added.
Singh said the ministry had received a large number of representations from PIOs, particularly in the United States, protesting the recent circulars hosted on the websites of the Indian missions regarding the levy of registration charges for 'declaration of renunciation of Indian Citizenship' and the imposition of penalties for delayed surrender or non-surrender of Indian passports last held by them.
Some of these representations and petitions were also addressed to the minister for overseas Indian affairs, as also to the prime minister.
After these petitions, he said he 'had taken up the issues raised therein with the MHA (which administers the Citizenship Act and the Rules made there under, which provide for the levy of a fee of Rs.7000 for registration of a declaration of renunciation of Indian citizenship by a PIO) and the ministry of external affairs (which administers the Passport Act and Rules, which provide for penalties for delayed surrender or non-surrender of Indian passports last held by PIOs, as also their misuse).
"I trust with these clarifications issued by MHA and MEA, the grievance expressed by you PIOs, stands redressed."
The message was copied to the Indian missions, though, the consulates have not yet made changes accordingly on their websites.
Large number of people are still approaching the consulate for the surrender certificate and the confusion still continues.
"We appreciate the efforts by the government of India for taking into consideration of the complaints of the Indian American community," Dr Thomas Abraham, chairman emeritus of GOPIO said.
He requested the Indian missions to follow the rule changes and implement it true to its spirit.
He also pointed out that the fee of Rs 7000 to get a surrender certificate for those who took citizenship after June 1, is too high.
"I think, a comfortable level is $75 instead of $175. This should not be a money making venture for the government. Even if, government collects $175 per person, it is not a big money," he noted.
"The NRIs/PIOs are contributing to India in billions of dollars for investment, technology transfer, social, educational, health and charitable causes. Therefore, it is in government of India's interest to maintain the goodwill NRIs and PIOs have toward their motherland," he said.
In his earlier petition to the authorities, Inder Singh had cited the problems of those who have lost their old passports. He also pointed out an anomaly in the rules as regards the Citizenship Act of 1955.
He also doubted about the legality of signing the form to renounce the Indian citizenship. No Indian in the US has ever been a citizen of India and the US at the same time. That is, never a dual citizen, he noted.
"So, what is an Indian American supposed to renounce if he/she cannot be holding two citizenships simultaneously," he asked.
Section 9 of Indian Citizenship Act 1955 says that, "Any citizen of India who by naturalization, registration or otherwise voluntarily acquires the citizenship of another country shall cease to be a citizen of India."
Indian citizenship is automatically terminated on acquiring US citizenship.
The Renunciation of Indian citizenship form starts with 'Declaration of Renunciation of citizenship made by a citizen of India who is also a citizen or national of another country.'
Item 6 on the form says, "I ------------------------ do solemnly and sincerely declare that the foregoing particulars stated in this declaration are true and I make this solemn declaration conscientiously believing the same to be true."
"Anyone signing the current form to renounce Indian citizenship is doing so incorrectly and maybe illegally as well. It amounts to surrendering something which a person does not have. If the intent is to put a stamp of cancellation on the passport, a new form should be designed for use," he said.