I scanned this article from the recent issue of The
International Indian magazine.

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NRI Voting: The dilemma of rights

A beginning has been made and though the final outcome
remains unknown, the voice of the NRI community is
already being heard beyond the ballot boxes.
The voices of the NRI community in the Gulf States are
yet to find a place in the Indian electoral process
that is uncomfortable with the uncertainty of the
consequences such a step might have in determining the
course of governance in India.
The issue has long been side stepped with a measured
caution and empty assurances from politicians, mainly
citing procedural difficulties in implementing a
mechanism for NRIs to participate in the electoral
process.
However, there is an estimated 20 million NRIs spread
across the world of which almost 4 million resides in
the Gulf States alone. Many of them have been
industriously investing in commercial establishments,
hospitals and residential complexes, contributing
positively to a growing economy. It is estimated that
every year the state of Kerala alone receives almost
Rs 24,000 crores in repatriation with the NRIs in the
Gulf region on the whole contributing an estimated $6
billion worth of remittance to the India exchequer.
Prime Minister Manmohan Singh has now categorically
pointed out that Gulf Indians have a "convincing
political basis" in demanding voting rights and that
the government would be taking appropriate measures in
this regard at the earliest. He further elaborated
"Most of them have immediate families back in India
and have thus a vital stake in local governance,
including the issue of who would represent them in the
state assembly or the national parliament."
Will the Indian government finally grant voting right
to Gulf's NRIs?
Gulf NRI demands have also found support in the Kerala
chief minister Oommen Chandy, who feels that: "Being
Indian nationals, these NRIs should be allowed to
exercise their franchise. NRls in the Gulf region have
contributed significantly to the economy of Kerala and
there is a pressing need to recognize their
contribution." He has further recommended to the
Centre to make sure that the voters' list includes all
the names of Indian passport holders in the Gulf
region.
The government to demonstrate its sincerity on the
issue soon followed up the pledge with a Cabinet note
being drafted with the final decision on the matter
being the responsibility of the Union Cabinet.
What seems to be a simple issue on the surface in
which the "right to vote" is a constitutional right of
every citizen, at the same time is a privilege that
must be exercised with responsibility and a clear
understanding of the Indian political system.
Therefore, while Indians living outside the country
and holding an Indian passport are certainly entitled
to be allowed the right to vote in elections
ethically, the Indian constitution does not evidently
have a provision to implement it in practice.
The constitution under Section 20(8) (d) read with
Section 20(3) of the RP Act, 1950 states that NRI
citizens who are employed under the Government of
India are qualified to be registered as voters.
However, according to the Constitution of India,
Section 19, of the Representation of Peoples Act,
1950, clearly points out that "only a person who is
ordinarily
resident in a constituency is entitled to be
registered in the electoral roll of that
constituency." So, the first step to consider in NRI
voting is the amendment of the law by the parliament
without which any initiative would not have value or
credibility.
The seeds of corruption have also long been allowed to
erode through the sanctity of the electoral process,
therefore making it difficult to imagine a transparent
mechanism in which NRIs will be allowed to be an
effective part of the electoral process.
There is a certain amount of political idealism in
demanding voting rights for NRI with the belief that
it will somehow make the Indian government more
accountable and change things for the better. It
certainly is a possibility but a somehow distant
optimism given the existent realities of Indian
politics and law.
There is also a certain amount of risk in conducting
India's state assembly or national elections in the
Gulf region, where the perception of Indians is that
of a hardworking and generally a peaceful community
posing almost negligible threat to the Government. But
granting the opportunity to participate in local and
national elections in India could radically change
that perception as political divisions creep in and
Indian political parties wrestle to make an
impression. The situation will be made further
unstable by the fact that politics in India is not
issue based but fueled by class, caste and religion.
While in India, this is seen as part of the political
process, in a foreign land it is sure to be
scrutinized as a threat and will in some way disturb
the unity and attitudes of the expatriate community.
There is also a demand by the NRI community to be
effectively represented in the Indiana Parliament and
to establish a qualified ministerial portfolio at the
Centre to address the needs arising from NRI affairs.
But for now, the debate on extended voting rights has
been set in motion. A beginning has been made and
though the final outcome remains unknown, the voice,
of the NRI community is already being heard beyond the
ballot boxes.

Fatima Choudhary is a freelance writer based in,
Toronto, Canada


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