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archive: One rule for army, another for Sonia? - Part III

One rule for army, another for Sonia? - Part III

Surya Prakash, New Delhi
Newstime
May 12, 1999


    Title: One rule for army, another for Sonia? - Part III
    Author: Surya Prakash, New Delhi
    Publication: Newstime
    Date: May 12, 1999
    
    As has been stated earlier in this series, Sonia Gandhi had held
    shares in two Indians companies in violation of the Foreign Exchange
    Regulation Act, 1974 and had even entered the voters' list, while
    still being a citizen of Italy during the years 1980-83.  Yet, when
    she applied for Indian citizenship in April, 1983, it was granted to
    her in just three weeks.  This is probably because her mother-in-law
    Indira Gandhi was the Prime Minister at that time.  The fact that she
    had infringed Indian laws prior to her application was not held
    against her.
    
    However, ironically, she was required to state under oath that she
    would bear true faith and allegiance to the Constitution "and
    faithfully observe the laws of India".  There is also no reliable
    mechanism within the government to check whether naturalised citizens
    like Sonia Gandhi comply with the conditions that are imposed on them
    under Section 10 of the Citizenship Act. 
    
    While this is how government treats foreign nationals, who secure
    Indian citizenship, it appears to be exceptionally fussy and even
    suspicious about natural-born Indian who work in certain sectors of
    government.
    
    First of all, no one ever gets a government job without establishing
    his or her citizenship credentials.  Indians do not carry citizenship
    certificates, but this qualification is usually met when the
    applicant's place of birth is within the territory of India.  The law
    recognises every person born on Indian soil as a citizen of Indian.
    
    But there are some sectors in which the government goes beyond this
    fundamental check and virtually insists that the employee's spouse
    also be a citizen of India by birth.  Examples which easily come to
    mind are the armed forces and the Indian foreign service (IFS).
    
    Section 33 of the Army Order says that army personnel desirous of
    marrying foreign nationals, except the nationals  of Bhutan, are
    required to obtain prior government sanction for such marriages.  This
    order, however, exempts Gorkhas, whether of Nepalese origin or of
    Indian domicile, who desire to marry Nepalese or Indian subjects.
    
    An officer intending to marry a foreign national has to fill out an
    elaborate application and send it to army headquarters four months
    prior to the date of marriage.  Alongside this application, the office
    has to also send an application for release from the army "for
    personal reasons", a written application from the officer's
    spouse-to-be that he or she will renounce his or her original
    nationality and accept Indian citizenship as soon as the Indian
    Citizenship Act permits him or her to do so.
    
    The army also insists on an undertaking from the officer that his/her
    application for release from the service may be automatically
    processed  if the foreign spouse "refuses to acquire Indian
    citizenship or wilfully delays acquisition of Indian citizenship".
    
    Further, the officer's application must be accompanied with an
    application by the spouse-to-be for Indian citizenship and complete
    details of the latter's background, including occupation in the last
    five years, degrees and diplomas obtained and proficiency in
    languages.
    
    So, what happens after all this rigmarole?  Senior officers  in the
    armed forces do not recall any instance of a colleague being permitted
    by the government to marry a foreign national.  In fact, the army is
    so fastidious that recently a lady officer in the Army Medical Corps,
    who was betrothed to an Indian green cardholder in the United States,
    had to quit the service before marriage because her fiance declined to
    give an undertaking that he would retain his Indian citizenship.
    
    To order also says that the services of army personnel, who marry
    foreign nationals without permission will be terminated.  Air force
    and navy personnel have to go through a similar exercise, but the end
    result is usually the same - no permission.
    
    The situation in the Indian foreign service is slightly better, but
    IFS officials too have to go through these hassles, if they wish to
    marry a foreign national.  Till a decade ago, no member of the IFS was
    permitted to marry a foreign national.  The government usually asked
    such officials to put in their papers.  IFS officers says that in
    recent years the government has been much more liberal in dealing with
    such issues, but the rules continue to be rigid.  Clause 8(1) of the
    Indian Foreign Service (conduct and discipline) Rules, 1986 says no
    member ofthe service shall marry any person other than an Indian
    citizen "without the prior permission in writing of the government". 
    Officers who intend to marry foreign nationals have make a written
    application to the foreign secretary and give the government one year
    to reply.  Clause 8(3) says, "If a member of the service contracts
    marriage with a person other than an Indian citizen without obtaining
    prior written permission, he shall be liable to be removed from the
    service."
    
    The rules further state that the government reserves the right to
    refuse permission if it feels to marriage will hinder proper
    performance of the duties of the member of the service.  In case
    permission is accorded, "the government may stipulate such conditions
    as it may deem appropriate".
    
    Therefore, what emerges from all this is that you cannot enter the
    Indian armed forces unless you establish your Indian citizenship and
    you will be asked to put in your papers if you acquire a foreign
    spouse, Italian-born Sonia Gandhi can be Prime Minister, order around
    the armed forces, let herself in on all state secrets and even
    determine India's strategic defence doctrine.  And while she zealously
    pursues this ambition, Congress spokespersons say that it is graceless
    and uncivil to ask her the most rudimentally questions about her
    Indian citizenship.
    
    It is this inequity between Indian-Indians and Italian-Indians that
    the former find abhorrent.
    



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