The court held that a minor born in India to parents who renounced Indian citizenship can seek citizenship through special provisions, emphasizing the right to nationality as a fundamental human right.

JUDGMENT

Prathiba M. Singh, J.

1. This hearing has been held through hybrid mode.

Background

2. This writ petition has been filed by the Petitioner, Rachita Francis Xavier – a young girl who was born, raised and educated in India. She is now 17 years of age and has never held a passport. She was born to Indian parents who had acquired US citizenship. Her parents were in India when she was born, however, as neither of her parents were Indian citizens at the time of her birth, her application for issuance of a passport was rejected by Respondent No.3- Regional Passport Officer, Bengaluru, vide order dated 6^th November 2019. The Petitioner seeks issuance of a passport and also seeks quashing of the office memorandum dated 25^th October, 2018 issued by the Ministry of External Affairs, which was the basis for the rejection of her passport.

3. The Petitioner – Ms. Rachita Francis Xavier, who is a minor, was born on 7^th November, 2006 to Mr. Joseph Francis Xavier – father and Ms. Leela Francis Xavier– mother in Andhra Pradesh, India. Both her parents were earlier Indian citizens. However, her father acquired citizenship of the United States of America (USA) on 28^th September, 2001. Similarly, her mother acquired citizenship of the USA on 28^th July, 2005. Thus, on the date she was born in India, both her parents were not Indian citizens. However, they had been granted the status of Overseas Citizens of India in June, 2006 and were OCI card holders.

4. The Petitioner pursued her education at St. Michaels’ High School, Bengaluru under the ICSE Board. However, she has currently discontinued her schooling after 9^th Standard. She is stated to be taking courses with Kenpro Learning and submitted before the Court that she is interested in taking up web designing and web development courses as also some advanced computer courses abroad. For the said purposes, she requires a passport as the minimum travel document. She does not possess any travel documents and has therefore, remained in India since birth.

5. In this background, on 30^th September, 2019, the Petitioner submitted her application for issuance of a passport to enable her to travel abroad. The parents of the Petitioner also submitted all the necessary forms for the said purpose. The Petitioner also has an Aadhaar card which was issued to her. The Regional Passport Office, Bengaluru on 6^th November, 2019, refused to issue her passport by citing Section 6 (2)(a) read with Section 5 (2)(c) of the Passports Act, 1967 . The said order records that both parents had renounced Indian citizenship and in view of the Ministry’s circular dated 25^th October, 2018, the Petitioner is not entitled to be recognized as an Indian citizen. Various RTI applications were filed by the Petitioner. The Office Memorandum dated 25^th October, 2018, bearing No. V1/401/1/1/2018, issued by the Chief Passport Officer, PSP Division, Ministry of External Affairs, India has been relied upon by the Petitioner, as per which, a child born in India does not acquire Indian citizenship automatically by birth until the conditions laid down in the Citizenship Act, 1955 read with Citizenship Amendment Act, 2003 are satisfied. The said Office Memorandum i