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IN THE HIGH COURT OF DELHI AT NEW DELHI
SACHIN DATTA
MS. Yangchen Drakmargyapon – Appellant
Versus
Union Of India, Through Its Secretary, Ministry Of External Affairs – Respondent
| Table of Content |
|---|
| 1. petitioner's citizenship status and background (Para 1 , 2 , 3) |
| 2. legal conclusions on citizenship according to section 3(1)(a) (Para 10 , 32) |
| 3. arguments and counterarguments regarding citizenship (Para 18 , 19 , 20) |
| 4. final order to issue passport based on citizenship (Para 24 , 46) |
| 5. nature of issued documentation and citizenship implications (Para 39 , 40 , 41) |
JUDGMENT :
SACHIN DATTA, J.
1. The petitioner has filed the present petition praying as under –
“A. Issue an order / Writ / direction under Article 226 of the Constitution of India in the nature of Mandamus directing the Respondents to issue Indian Passport to the Petitioner.
B. Issue an order / Writ under Article 226 of the Constitution of India or any other appropriate writ recognising the Citizenship of India of the Petitioner in view of section 3(1) (a) of the Indian Citizenship Act, 1955.”
2. The petitioner claims to be a Tibetan refugee by descent, born in Dharamshala, Himachal Pradesh, India on 15.05.1966, and thus an Indian citizen by birth under Section 3 (1)(a) of the Citizenship Act, 1955. The said section provides that every person born in India on or after 26.01.1950, but before 01.07.1987, is
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.
The court affirmed that obtaining a passport from another country conclusively proves voluntary acquisition of its citizenship, terminating Indian citizenship under the Citizenship Act.
A minor's citizenship by birth is not affected by a parent's foreign nationality, ensuring the child's right to an Indian passport.
Citizenship by birth under Section 3(1)(a) of the Citizenship Act entitles individuals to a passport, irrespective of parental nationality.
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.
Section 5(1)(d) of Act mandates that both parents are required to be Indian citizens for purpose of grant of citizenship to minors.
The right to travel abroad is a fundamental right under Article 21, and adverse police verification does not automatically disqualify passport issuance.
The main legal point established in the judgment is the fulfillment of statutory requirements for Indian citizenship by birth and the consideration of public interest in issuing passports to non-citi....
A Stateless child is an individual who does not hold citizenship of any State.
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