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ANITA SUMANTH
Wong Mui Cheen – Appellant
Versus
Union of India Rep. by its Secretary, New Delhi – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing respondents to issue a passport to the petitioner based on the Petitioner’s Application Reference No. 19-1009386519 and Application No. MA2062490843919 dated 04.10.2019 pending with the 2nd respondent.
1. The Petitioner, a senior citizen, seeks a mandamus directing the respondents to issue a passport based on her application filed on 04.10.2019.
2. The brief submissions of Mr.Prakash, learned Senior Counsel appearing for Raman and Associates for the petitioner are that the petitioner was born on 27.11.1957 in Kolkata to one Late Wong Tsam Cha, who was born in China and had come to India to pursue his living. Her mother was born in Sikkim and belongs to the Lepcha Community.
3. Her parents were married in Kolkata and the petitioner was born there and holds a birth certificate issued by the Kolkata Municipal Corporation dated 08.11.1976 bearing Serial No. 2299 setting out her date of birth as 27.11.1957 and date of registration as 02.11.1976. The column ‘Nationality or caste’ contains the narration ‘Chinese Buddhist.’
4. The petitioner shifted to Chennai in 1976
Citizenship by birth under Section 3(1)(a) of the Citizenship Act entitles individuals to a passport, irrespective of parental nationality.
Individuals born in India between January 26, 1950, and July 1, 1987, are Indian citizens by birth and entitled to a passport, regardless of their parents' nationality or refugee status.
None of the parties could bring to the notice of this Court any legal prohibition in incorporating the name of a non-citizen as the legal guardian in the passport of a minor child.
The right to travel abroad is a fundamental right under Article 21, and adverse police verification does not automatically disqualify passport issuance.
The right to travel abroad is a fundamental right under Article 21 of the Constitution, and cannot be denied arbitrarily, especially in light of ongoing matrimonial disputes.
The right to travel abroad is a fundamental right under Article 21 of the Constitution, and cannot be denied without justifiable grounds, especially in cases of parental disputes.
A minor's citizenship by birth is not affected by a parent's foreign nationality, ensuring the child's right to an Indian passport.
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