Dual citizenship has serious lacunae: Experts Sunday, January 9 2005 12:37 Hrs (IST) - World Time -
Mumbai:
The dual citizenship has serious lacunae that needed to be sorted out, former Attorney General of India Soli Sorabjee opined at a session on 'Private International Law and the Diaspora'.
"If we want to involve the diaspora then we can't deny them Right to vote or the Right to occupy important offices," Sorabjee said and added, things in this regard needs to be made clearer.
He was chairing the session attended by eminent lawyers, judges and law professors.
Sorabjee said the country also needs to evolve laws over custody of children in case of divorce and needs to address the domicile and citizenship issues.
The gathering came up with a common consensus on the need for a comprehensive enactment to deal with violations especially in marriages, divorce and child custody cases.
Agreeing with Sorabjee, Justice K Sukumaran, chairman, committee on reviewing the working the of Immigration Act accepted that the lacunae existed and said the problems of enforceability of judgements pronounced in Indian courts primarily exists in case of countries which are not reciprocal in dual citizenship.
Additional Solicitor General B A Desai said the concept of domicile was one thing that needed attention as India has different concepts at State and Federal level.
"It can be divisive," he said while accepting that this can't be removed overnight.
He said the dual citizenship would be more useful for the next generation, which seems to be losing touch with its cultures and traditions. He said that it would make the cultural assimilation easier for the next generation.
He also said there was a need for a university to meet the needs of the NRIs.
The two-time former advocate general of Punjab M L Sareen pointed out the high number of woman who are duped by NRIs into fake marriages.
"We just don't need enactment of laws but also education of the people on how to avoid such situations and to seek remedy in case of being cheated by such grooms," said Sareen while adding there was a need to protect vasis (residents) from pravasis (tourists)."
He said there was need for special laws and courts that deal with fake NRI marriages and NRI property disputes.
The session was also addressed by eminent law professors Jeyaraj and V C Govindraj, the vice-president, Indian Society of International Law.
MP from Nizamabad Madhu Goud Yashki and Narinder Singh, the joint secretary of Ministry of External Affairs were among the other speakers.
Singh said the Indian Government was looking into the problems and was taking steps to deal with it.