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Original Articles

Experimenting with Diasporic Incorporation: The Overseas Citizenship of India

Pages 34-53
Published online: 09 Mar 2011

In response to economic needs after the 1991 reforms, India instituted a diaspora policy that extracted emigrants’ material wealth in exchange for cultural capital. Increasingly caught between mounting diasporic demands for the extension of dual citizenship and domestic apprehensions hostile to such a provision, the Indian government was forced to compromise by creating the Overseas Citizenship of India. This article argues that, beyond mere contingency and dependence on the existing repertoire of national membership, this novel form of limited citizenship is also the result of a deliberate governmental strategy to assuage more activist segments of the diaspora.

ACKNOWLEDGMENTS

This research is based on my 2008 MPhil dissertation, “India's Diaspora Policy and the Politics of Extra-Territorial Incorporation,” prepared as an ICCR scholar under the supervision of Professor Varun Sahni at Jawaharlal Nehru University, New Delhi. I would like to thank the two anonymous reviewers for several corrections and suggestions.

Constantino Xavier is a Portuguese Fulbright-sponsored PhD candidate in South Asian Studies at the School of Advanced International Studies, Johns Hopkins University, in Washington, DC. He has an MA (2006) and MPhil (2008) in International Politics from Jawaharlal Nehru University, New Delhi.

Notes

1. For an overview, see Alan Gamlen, “Diaspora Engagement Policies: What Are They and What Kind Of States Use Them?” Working paper no. 32 (Oxford: Centre on Migration, Policy and Society, 2006).

2. Laurie A. Brand, “States and their Expatriates: Explaining the Development of Tunisian and Moroccan Emigration-Related Institutions,” Working paper no. 52 (San Diego: Center for Comparative Immigration Studies, 2002), 3–4.

3. Gamlen, “Diaspora Engagement Policies,” 23.

4. Brett Johnson and Santiago Sedaca, Diasporas, Émigrés and Development: Economic Linkages and Programmatic Responses (Washington, DC: Carana Corporation, 2004), 63.

5. Kim Barry, “Home and Away: The Construction of Citizenship in an Emigration Context,” Working Paper no. 06–13 (New York: New York University School of Law, Public Law & Legal Theory research paper series, 2006), 28; Jose Itzigsohn, “Immigration and the Boundaries of Citizenship: The Institutions of Immigrants’ Political Transnationalism,” International Migration Review 34(4): 1143 (2000).

6. For the Chinese case, see Cong Cao, China's Efforts at Turning “Brain Drain” into “Brain Gain” (Singapore: National University of Singapore, 2004). For the Mexican case, see Rachel Sherman, “From State Introversion to State Extension in Mexico: Modes of Emigrant Incorporation, 1900–1997,” Theory and Society 28(6): 835–878 (1999).

7. Will Kymlicka, Multicultural Citizenship: A Liberal Theory of Minority Rights (Oxford: Clarendon Press, 1995); Iris Marion Young, “Policy and Group Difference: A Critique of the Ideal of Universal Citizenship,” Ethics 99(2): 250–274 (1989).

8. Michael Murphy and Siobhan Harty, “Post-Sovereign Citizenship,” Citizenship Studies 7(2): 181–197 (2003).

9. Olivier Beaud, “The Question of Nationality within a Federation: A Neglected Issue in Nationality Law,” in Randall Hansen and Patrick Weil, eds., Dual Nationality, Social Rights and Federal Citizenship in the US and Europe: The Reinvention of Citizenship (New York: Berghahn Books, 2002), 314–330.

10. Brett Bowden, “The Perils of Global Citizenship,” Citizenship Studies 7(3): 349–362 (2003); Baogang He, “World Citizenship and Transnational Activism,” in Nicola Piper and Anders Uhlin, eds., Transnational Activism in Asia (London: Routledge, 2004), 78–93; Hazel Henderson and Daisaku Ikeda, Planetary Citizenship (Santa Monica, CA: Middleway, 2004).

11. Charles Tilly, “Where do Rights Come From?” in Theda Skocpol, George Ross, Tony Smith, and Judith Eisenberg Vichniac, eds., Democracy, Revolution and History (Ithaca, NY: Cornell University Press, 1998), 55–72.

12. Murphy and Harty, “Post-Sovereign Citizenship,” 194.

13. Gamlen, “Diaspora Engagement Policies,” 12.

14. Thomas Faist, “Transnationalization in International Migration: Implications for the Study of Citizenship and Culture,” Ethnic and Racial Studies 23(2): 218 (2000); Aihwa Ong, “(Re)Articulations of Citizenship,” Political Science & Politics 38:697 (2005).

15. Jonathan Fox, “Unpacking ‘Transnational Citizenship,’” Annual Review of Political Science 8:173 (2005) (emphasis in original); Daiva Stasiulis and Darryl Ross, “Security, Flexible Sovereignty, and the Perils of Multiple Citizenship,” Citizenship Studies 3(10): 329–348 (2006).

16. Aihwa Ong, Flexible Citizenship: The Cultural Logic of Transnationality (Durham, NC: Duke University Press, 1999).

17. Seyla Benhabib, “Borders, Boundaries, and Citizenship,” Political Science & Politics 38:676 (2005).

18. I owe the term “extra-territorial incorporation” in this context to Varun Sahni, “India's Foreign Policy: Key Drivers,” South African Journal for International Affairs 14(2): 21–36 (2007).

19. Brand, “States and their Expatriates,” 4.

20. For a detailed overview of such apprehensions, see Gamlen, “Diaspora Engagement Policies,” 12.

21. According to estimates by the High Level Committee on the Indian Diaspora, Report of the High Level Committee on the Indian Diaspora (New Delhi: Indian Council for World Affairs, 2002); Stephen Castles, “Comparing the Experience of Five Major Emigration Countries,” Working Paper no. 7 (Oxford: International Migration Institute, 2007), 8.

22. Claude Markovits, “Indian Merchant Networks outside India in the Nineteenth and Twentieth Centuries: A Preliminary Survey,” Modern Asian Studies 33(4): 883–911 (1999).

23. For political influence, see Jason A. Kirk, “Indian-Americans and the U.S.-India Nuclear Agreement: Consolidation of an Ethnic Lobby?” Foreign Policy Analysis 4(3): 275–300 (2008). For the Indian diaspora's comparative economic standing, see Abhishek Pandey, Alok Aggarwal, Richard Devane, and Yevgeny Kuznetsov, India's Transformation to Knowledge-Based Economy–Evolving Role of the Indian Diaspora (New Delhi: Evalueserve, 2004).

24. Migration Policy Institute, Remittances Profile: India (Washington, DC: MPI Data Hub, 2007); Louka T. Katseli, Robert E. B. Lucas, and Theodora Xenogiani, “Effects of Migration on Sending Countries: What do We Know?” Working Paper no. 250 (Turin: OECD Development Centre, 2006).

25. In 2004, Indians accounted for 4 percent of all foreign students in the member countries of the Organisation for Economic Cooperation and Development (OECD) and 14 percent of all foreign students in the United States. See Binod Khadria, “Conceptualising the Typologies of Indian Diaspora in International Economic Relations: ‘Tinker, Tailor, Soldier, Spy,’ or a ‘Great Off-White Hope’ of the New Century?” Working Paper no. 19 (Singapore: National University of Singapore, ISAS, 2007).

26. Jawaharlal Nehru, “Address to the Indians in Malaya,” Ipoh, 29 May 1937, in S. Gopal, ed., Selected Works of Jawaharlal Nehru, vol. 8 (New Delhi: Orient Longman, 1976).

27. Quoted in Ajay Dubey, “Indian Diaspora in Africa,” in Sarva Daman Singh and Mahavir Singh, eds., Indians Abroad (Kolkata: Maulana Abul Kalam Azad Institute of Asian Studies, 2003), 157.

28. As a result, while in 1970–1971 only 2 percent of the remittances originated from the Gulf countries, this share rose to 33 percent in 1974–1975 and to 75 percent in 1980–1981. See Binod Khadria, “Contemporary Indian Immigration to the United States–Is the Brain Drain Over?” Revue Européenne des Migrations Internationales 7(1): 65 (1991).

29. Shefali Rekhi, “Forging a Bond,” India Today, New Delhi, 3 Aug. 1998, 59–62.

30. Anupam Chander, “Diaspora Bonds,” New York University Law Review 76(4): 1005–1099 (2001).

31. James P. Gordon and Poonam Gupta, “Non-Resident Deposits in India: In Search of Return?” Economic and Political Weekly 39(37): 4166 (2004).

32. According to official RBI figures, NRI FDI inflows averaged just US$ 71 million a year between 1998–1999 and 2000–2001. See Mihir A. Desai, Devesh Kapur, and John McHale, “The Fiscal Impact of High Skilled Emigration: Flows of Indians to the U.S.,” Journal of Development Economics 88:24 (2009).

33. Devesh Kapur, Ajay Mehta, and R. Moon Dutt, “Indian Diasporic Philanthropy,” in Peter Geithner et al., eds., Diaspora Philanthropy and Equitable Development: Perspectives on China and India (Harvard: Harvard University Press, 2004), 117–213.

34. Prema Kurien, “Multiculturalism and ‘American’ Religion: The Case of Hindu Indian Americans,” Social Forces 85(2): 723–742 (2006).

35. For this shift, see Sandhya Shukla, India Abroad: Diasporic Cultures of Postwar America and England (Princeton, NJ: Princeton University Press, 2003), 7–10.

36. Monisha Das Gupta, Unruly Immigrants: Rights, Activism, and Transnational South Asian Politics (London: Duke University Press, 2006), 9.

37. Shashi Tharoor, India–From Midnight to the Millennium (New Delhi: Penguin India, 2000), 155.

38. On the specific role of Hindu nationalism as a facilitating factor in the state-diaspora relationship, see Ingrid Therwath, “Working for India or Against Islam? Islamophobia in Indian American Lobbies,” South Asia Multidisciplinary Academic Journal (Fall 2007). http://samaj.revues.org/document105.html (accessed 11 June 2008).

39. I have elsewhere provided a detailed discourse analysis of such metaphors, images, and other symbolic devices used by government officials between 2003 and 2008. Constantino Xavier, “India's Diaspora Policy and the Politics of Extra-Territorial Incorporation” (Unpublished MPhil dissertation, Jawaharlal Nehru University, 2008), 98–111.

40. Sanjay Chaturvedi, “Diaspora in India's Geopolitical Visions: Linkages, Categories and Contestations,” in Robert Wirsing and Rouben Azizian, eds., Ethnic Diasporas & Great Power Strategies in Asia (New Delhi: India Research Press, 2007), 93.

41. Johanna Lessinger, “Indian Immigrants in the United States: The Emergence of a Transnational Population,” in Bhikhu Parekh et al., eds., Culture and Economy in the Indian Diaspora (London: Routledge, 2003), 176.

42. Kathinka Sinha-Kerkhoff and Ellen Bal, “‘Eternal Call of the Ganga’: Reconnecting with People of Indian Origin in Surinam,” Economic and Political Weekly 38(38): 4009 (2003).

43. Bakirathi Mani and Latha Varadarajan, “‘The Largest Gathering of the Global Indian Family’: Neoliberalism, Nationalism, and Diaspora at Pravasi Bharatiya Divas,” Diaspora 14(1): 70 (2005).

44. Margaret Walton-Roberts, “Globalization, National Autonomy and Non-Resident Indians,” Contemporary South Asia, 13(1): 60 (2004).

45. E. Jayakrishnan, “Dawn of a Global Indian Network,” Interview with Ambassador Agnihotri for Sify.com (2003). www.bkagnihotri.org/dynamic/modules.php?name=Content&pa=showpage&pid=27 (accessed 11 June 2008).

46. Bhikhu Parekh, “Why the Diaspora Needs India,” 8 Jan. 2003. http://ia.rediff.com/news/2003/jan/08spec1.htm (accessed 19 Dec. 2007).

47. Dhundev Bauhadoor, Speech at Plenary Session with the Minister of External Affairs (New Delhi: First Pravasi Bhartiya Divas, 9 Jan. 2003), 55 (my emphasis). http://indiandiaspora.nic.in/ch3.pdf (accessed 11 June 2008).

48. Such cases include religious and cultural PIO agendas of Sikhs and the “turban controversy” in Europe, Hindus and the “textbook controversy” in North America, labor and other minority rights in Malaysia, Fiji, the Gulf countries, as well as demands for greater consular protection in conflict zones of Africa and the Middle East, etc.

49. Barry, “Home and Away,” 49–50.

50. Valerian Rodrigues, “Citizenship and the Indian Constitution,” in Rajeev Bhargava and Helmut Reifeld, eds., Civil Society, Public Sphere and Citizenship, Dialogues and Perceptions (New Delhi: Sage Publications, 2005), 215.

51. High Level Committee on the Indian Diaspora, Report of the High Level Committee, 526–532.

52. Benedict Anderson, “The New World Disorder,” New Left Review 193:13 (1992).

53. Rajya Sabha Secretariat, “The Representation of the People (Amendment) Bill, 2006,” (Bill no. 15 of 2006) (my emphasis). www.prsindia.org/docs/bills/1179467379/1179467379_representation_of_people_amendment_bill_2006.pdf (accessed 12 Dec. 2007).

54. Standing Committee on Personnel, Public Grievances, Law and Justice, Sixteenth Report: The Representation of the People (Amendment) Act (New Delhi: Rajya Sabha Secretariat, 2006), 19–20 (my emphasis).

55. Ibid., 5–6.

56. Sridhar Bhagavatula and Geeta Verma, The Expectations of Indian Diaspora and their Linkages with the Home Country, Unpublished survey and report (New Delhi: Ministry of Overseas Indian Affairs, 2006), 77.

57. High Level Committee on the Indian Diaspora, Report of the High Level Committee, 359, 526.

58. A. B. Vajpayee, “Speech at Inaugural Session,” First Pravasi Bhartiya Divas (Jan. 2003). http://indiandiaspora.nic.in/ch2.pdf (accessed 11 June 2008), 22 (my emphasis).

59. For details on the eligibility conditions and rights associated with the OCI, see Ministry of Home Affairs, “Overseas Citizenship of India–Frequently Asked Questions” (Dec. 2007). http://mha.nic.in/pdfs/FAQs-28.12.07.pdf (accessed 25 June 2008).

60. Rajya Sabha Secretariat, “The Citizenship (Amendment) Bill, 2003,” (Aug. 2003) (my emphasis). http://rajyasabha.gov.in/legislative/amendbills/XXXIX_2003.pdf (accessed 12 Dec. 2007).

61. Ibid. (my emphasis).

62. Ministry of Home Affairs, “Extract from the Citizenship Rules, 1956,” section 25A. http://mha.nic.in/pdfs/1956.pdf (accessed 25 March 2007).

63. Rajya Sabha Secretariat, “The Citizenship (Amendment) Bill, 2005,” (Bill no. 75 of 2005), 4. http://rajyasabha.nic.in/bills-ls-rs/2005/LXXV-C_2005.pdf (accessed 12 Dec. 2007).

64. Ministry of Home Affairs, “Overseas Citizenship of India,” 8 (my emphasis).

65. Ibid., 5.

66. Ministry of Home Affairs, “Extract from the Citizenship Rules, 1956,” 6.

67. Article 7D of the Citizenship Act determines that an OCI may be “cancelled” if its holder “has shown himself by act or speech to be disloyal or disaffected towards the Constitution of India as by law established,” further indicating the treatment of the OCI as a full citizen.

68. U.S. Department of State, “Travel Advisory.” http://travel.state.gov/travel/cis_pa_tw/cis/cis_1139.html (accessed 25 March 2007); U.S. Embassy in New Delhi, “Dual Nationality.” http://newdelhi.usembassy.gov/acsdualnation.html (accessed 25 March 2007).

69. An interesting case is that of foreign investment in the aviation sector, in which the Civil Aviation Ministry refuses to treat the OCI as an NRI. See Sumati Nagrath, “Unequal Citizens,” Business World, 14 March 2008. www.businessworld.in/content/view/4011/4119 (accessed 13 June 2008).

70. Anupama Roy, “Overseas Indian Citizen: A New ‘Setubandhan’?” Economic & Political Weekly 41(15): 1423 (2006).

71. High Level Committee on the Indian Diaspora, Report of the High Level Committee, 526–533.

72. Standing Committee on External Affairs, Second Report: Ministry of the Non-Resident Indian Affairs–Demands for Grants 2004–2005 (New Delhi: Lok Sabha Secretariat, 2004), 25.

73. High Level Committee on the Indian Diaspora, Report of the High Level Committee, 528, 530.

74. Ibid., 363, 511–513.

75. Standing Committee on External Affairs, Fourth Report: Ministry Of Overseas Indian Affairs–Action Taken on the Recommendations Contained in the Second Report (New Delhi: Lok Sabha Secretariat, 2005), 11; Standing Committee on External Affairs, Sixth Report: Ministry Of Overseas Indian Affairs–Demands for Grants (New Delhi: Lok Sabha Secretariat, 2005), 25.

76. Included in Schedule 4 of the 2003 amendment, the “Oath of Allegiance” was, with the exception of the last four words, the same as the compulsory one delivered by all those applying for a full-fledged Indian citizenship. See Rajya Sabha Secretariat, “Citizenship (Amendment) Bill, 2003.”

77. Press Information Bureau of India, “Salient Points of Citizenship (Amendment) Ordinance, 2005,” Press release, 29 June 2005. http://pib.nic.in/release/release.asp?relid=9929 (accessed 11 June 2008); Press Information Bureau of India, “Scope of Overseas Citizenship of India Scheme Extended,” Press release, 2 Dec. 2005. http://pib.nic.in/release/release.asp?relid=9929 (accessed 11 June 2008).

78. Author's own calculations based on the official global country data provided by the Ministry of Overseas Indian Affairs, New Delhi, in June 2008.

79. Jen Dickinson and Adrian J. Bailey, “(Re)membering Diaspora: Uneven Geographies of Indian Dual Citizenship,” Political Geography 26(7): 761 (2007).

80. Luin Goldring, “The Mexican State and Transmigrant Organizations: Negotiating the Boundaries of Membership and Participation,” Latin American Research Review 37:64 (2002).

81. Ana Margheritis, “State-Led Transnationalism and Migration: Reaching Out to the Argentine Community in Spain,” Global Networks 7(1): 89 (2007).

 

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