According to the new rules, which went into effect immediately after they were recently announced, a service fee of $175.00 will be charged for obtaining a surrender certificate. There are additional penalties depending on the varying dates of expiration of the passports.
Otherwise, why is this mad rush for a piece of paper, which says 'so-and-so person' canceled his old Indian passports and also renounced Indian citizenship? For the last 55 years, people presumed that anyone taking up citizenship in another country loses his citizenship in India automatically.
What happened to change that rule all on a sudden without notice? Are they a security threat to India, many wonder.
Balagopal, a former captain in the Indian army does not question the rule if it is needed for national interest. "But the way regulations which are being implemented in complete disregard to dissemination of information is an immature move by the implementing machinery, which is not expected of a socialist and democratic country of world standing," he wrote to the officials in India and the US.
"We love India and work for the interests of India in the United States. Yet we are treated the way as if we are enemies of India," another wrote.
Petitions circulating online has pointed out the hardships of the people as well as the amount of fees charged for various services related to surrender certificates.
In order to cope with the rush for obtaining the renunciation/surrender certificate, a special camp is being organised at the Consulate General of India at New York on Saturday, May 29, 9 am to 5.30 pm.
Applicants who need to travel to India urgently are advised to come in person, bring all the documents, complete all the formalities and obtain their certificates on the same day.
The new rules are applicable to all those who took up the US citizenship, if they have not formally renounced the Indian citizenship already, P K Mohanty, consul for education, press and culture at the New York consulate pointed out. Delaying to renounce the citizenship will only attract more penalties. Moreover, to get any consular service, the surrender certificate is mandatory, he noted.
In emergency situations, people can travel without the surrender certificates and obtain it at the earliest. Nobody is so far turned back from airports for lack of a surrender certificate, according to him.
He said this is not a new rule and it was the duty of the people to formally renounce Indian citizenship after taking up the citizenship of another country.
But people point out that there was no procedure to renounce the citizenship and nobody asked for it or for the return of the Indian passport. Even the officials did not know about the form for renunciation. A form they initially published on the websites was withdrawn in two-three days, which shows the ignorance of the officials too.
Moreover, the rule was made when there was no sizeable number of Indians in other countries. After the rule was made, people migrated to many parts of the world and contributed immensely to the progress of India. Using an outdated rule to harass such a population is not warranted. What is the need now is dual citizenship, they point out.
"If Benjamin Natanyahu can be prime minister of Israel and also hold dual nationality with the US where he grew up in Pennsylvania, why can't we Indian Americans? What are they afraid of to let us not vote by absentee ballot or run for office? That is the only thing supposedly missing from an OCI card. We probably can do a better job of running the country than any one of them. If it is citizenship laws that need to be changed, then that is what they will have to do. We will accept nothing less than full citizenship," Rajiv Prasad, councilman at large in Franklin township in New Jersey noted.
Many people were using Indian passports after acquiring citizenship in other countries and their number has become quite a sizeable one, Mohanty also stated.
'Holding Indian passport, acquiring Indian passport and any service thereon or traveling on Indian passport after acquisition of foreign citizenship' constitutes an offence under the Passport Act. The violator is punishable by imprisonment up to five years with a minimum of one year and a fine ranging from Rs 10000/- to Rs 50000/ under the act.
"Ignorance of law cannot be taken as an excuse for non-compliance or avoidance of penalties," a release issued by the consulate said.
But people question the claim that those who acquired US citizenship can travel on an Indian passport, which is still valid. Perhaps one can go to India, but to return, he needs a visa. At the time of taking up the US citizenship, one has to return the Green Card. Only very few people may have valid visas like H1-B on their Indian passport. They could travel and return. But they take a risk in India and in the US too.
Officials say that many US citizens, not only travel on Indian passport, but they also get it renewed. One reason for the change in the rules is to prevent this misuse.
Whatever may be the reason, people are not convinced. Many think it is a rule to make money and harass those who took up US citizenship.
"It looks like the policies of government of India are going backwards. With the Overseas Citizenship of India card you can't even get a cell phone in your own name. What kind of overseas citizen are you?" noted industrialist and president of Federation of Malayalee Associations of America asked.
"Instead of encouraging Indians to invest in Indian economy, government is finding better way to milk the NRIs by charging them for surcharges at the airport and surrender fees for passport. You will never see this from any other country," he said.
"Now they found another way to discourage foreign business coming to India. Starting April 1, if you do any business with India or Indian companies, government wants to hold 20 percent of your invoice as tax and force you to take Permanent Account Number in India. If you have a PAN number, they will charge you 10 percent. We are forced to file tax returns every year in India. Why do a foreign company do business in India and pay tax in India? Eventually they will use your PAN number to tax you in India. Your days of investing in India are over," he added.
"Most of who make this country as home would like to help India, and does not need to be treated like this. I would encourage all Indians get together and let the government of India know that enough is enough. We are tired of your policy. If you want our support, help us to help you. Otherwise we don't need you. It is time we have representation in Indian parliament and legislative assembly. You need our money, not us. We need to speak up loud and clear," he said.
"Retroactive enforcement of the rule could cause unimaginable hardship in thousands of cases. The minimum service fee of $175 for the surrender certificate is also unduly very high," a petition noted.
"If the law did exist in the past, Indian embassies and consulates everywhere should have asked for the surrender of Indian passports before granting Indian visas to Persons of Indian Origin," it added.
Indian National Overseas Congress' take:
The Indian National Overseas Congress, USA in a letter addressed to Prime Minister Manmohan Singh, which was also revealed to the media, pointed towards the 'undue burden placed on Indian Americans owing to the new rules regarding the surrender of Indian passports upon acquisition of US citizenship.'
"At the outset, these rules might sound reasonable. However, the fee is particularly burdensome for families, who, for instance, might be unable to locate their expired passports on such short notice, resulting in cancellations of the whole trip. This leads to a potential loss of the tourist dollars they might bring to the country. In addition, Indian Americans who need to travel to India for emergencies are forced to go through long procedures at Indian Consulates to request exceptions," the statement noted.
The INOC, in the statement, urged for the following measures:
Placing a moratorium on collecting the fees for the next six months, thereby giving the community sufficient time to act
Reducing the fee to a nominal amount so that it will not be seen as a revenue creating instrument
Allowing for a reasonable delay in surrendering Indian passports
Informing the community and individuals when the new rules will once again become effective
Instructing the Indian embassy and the Consulates to interact with the community, and deal with their frustrations over this matter in a more sympathetic manner.
