Delhi High Court asks Centre to grant citizenship to girl born to Overseas Citizen of India cardholders  

Among the various special circumstances, the HC said that the girl’s mother had passed away, and she presently lives with her father in Bengaluru. The HC also noted that the girl had been wholly educated in Bengaluru, did not possess travel documents of any country nor did she fall under the definition of illegal migrant, and is entitled to be considered as a person of Indian origin.

It also noted that the “non-issuance of a travel document to her would render her Stateless” and that she has family ties in India.

“In the opinion of this Court, the present case is one where there are special circumstances for the Central Government to use the enabling powers, as contemplated under Section 5(4) (Citizenship Act) for favorably considering grant of citizenship to the Petitioner,” the Delhi HC said.

Among the various special circumstances, the HC said that the girl’s mother had passed away, and she presently lives with her father in Bengaluru. (Representational/Express Archive)

The HC, thereafter, permitted the girl to apply for registration as a citizen under Section 5 of the Citizenship Act. It said that her “application shall be processed and the decision on the citizenship shall be rendered, considering the legal position set out above, within 30 days” after formalities are completed.

“Upon obtaining the said citizenship by registration, the Petitioner shall file a fresh application under the Passports Act for issuance of a passport, which shall be granted expeditiously – i.e., within 15 days from date of application,” the HC said.

The Court observed that its order has been passed in the unique and special circumstances and facts of the case, considering that the girl will turn 18 years old in November 2024 and has “clearly expressed her intent and choice to be an Indian citizen”.

The HC said the girl’s “position is unique” and added that her case is not expressly covered by any specific provision of the Citizenship Act or the Passports Act.

“A passport can only be issued to a person who is a citizen of India and satisfies the eligibility conditions as prescribed. The rejection of the Petitioner’s passport is under Section 6(2)(a) read with Section 5(2)(c) of the Passport Act, 1967. Section 6(2)(a) provides that if the applicant is not a citizen of India, a passport cannot be issued. Accordingly, the question that arises is whether the Petitioner can be treated as a citizen for issuance of a passport. If the Petitioner is not treated as an illegal migrant, she would have been clearly entitled to citizenship. In the opinion of this Court, the Petitioner is not an illegal migrant. The Petitioner also qualifies as a person of Indian origin. The Petitioner would thus, be entitled to citizenship by registration under Section 5(1)(a) of the Act under the category of ‘person of Indian origin’,” the HC said.

It said that the girl cannot be rendered stateless and left to struggle for basic human rights such as freedom of movement, freedom to have an identity, and freedom to be educated as per their will even in a foreign country.

The high court said that the non-grant of citizenship and the consequent non-grant of a passport can have a “deleterious impact” on the girl and her family. It added that there is no reason why the petitioner ought to be made to struggle due to an unusually uncomfortable position she has been placed in – “may be due to decisions made by her parents/family”.

The girl had approached the Court for issuance of a passport after the regional passport office in Bengaluru refused the same observing that both her parents had renounced their Indian citizenship.