{"id":322631,"date":"2024-05-21T16:00:45","date_gmt":"2024-05-21T10:30:45","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=322631"},"modified":"2024-05-22T16:28:17","modified_gmt":"2024-05-22T10:58:17","slug":"del-hc-directs-centre-to-grant-citizenship-to-minor-born-in-india-to-oci-holder-parents-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/05\/21\/del-hc-directs-centre-to-grant-citizenship-to-minor-born-in-india-to-oci-holder-parents-legal-news\/","title":{"rendered":"[S. 5(4) Citizenship Act] Delhi High Court directs Centre to grant citizenship to minor born in India to OCI Holder parents"},"content":{"rendered":"
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Delhi High Court:<\/span> In a petition filed by a 17-year-old girl seeking the issuance of a passport and quashing of the office memorandum dated 25-10-2018 issued by the Ministry of External Affairs which was the basis for the rejection of her passport, a Single Judge Bench of Pratibha M. Singh, J. allowed the petition while stating that the case falls within the special circumstances for the Central Government to use the enabling powers under Section 5(4)<\/a> of the Citizenship Act, 1955<\/a> (‘Act’).<\/p>\n

The Court stated that “The Petitioner is permitted to apply for registration as a citizen under Section 5<\/a> of the Act<\/a>. The application shall be processed and the decision on the shall be recitizenshipndered, considering the legal position set out above, within 30 days, upon completion of all formalities. 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.”<\/span><\/p>\n

Background<\/p>\n

The case revolves around the citizenship status of the petitioner, whose parents, though originally citizens of India, renounced their citizenship prior to the petitioner’s birth. At the time of the petitioner’s birth, both parents held Overseas Citizen of India (OCI) cards, indicating their overseas status. However, the petitioner was born in India. Following the mother’s demise, the petitioner, being a minor, sought clarification on her citizenship status. The petitioner, facing uncertainty regarding her citizenship status due to the unique circumstances of her birth and her parents’ citizenship choices, filed a writ petition seeking clarity and resolution.<\/p>\n

The petitioner stated before the Court that she was interested in taking up web development and web designing courses along with some advanced computer courses abroad for which she requires a passport as the minimum travel document. She further stated that she had never possessed any travel document and therefore, remained in India since birth.<\/p>\n

On 30-09-2019, the petitioner submitted her application for the issuance of a passport, and her parents submitted all necessary forms for this purpose. The petitioner was also issued an Aadhar card. On 06-11-2019, the Regional Passport Office refused to issue her passport by citing Section 6(2)(a)<\/a> read with Section 5(2)(c)<\/a> of the Passports Act, 1967<\/a>. The order stated that since both the parents had renounced Indian citizenship, and the Ministry of External Affairs had issued a circular dated 25-10-2018, the petitioner was not entitled to be recognized as an Indian citizen.<\/p>\n

The Court directed one of the parents to file an affidavit before the Court that the petitioner does not hold any passport of the US. Complying with this, the affidavit was filed by the father. Vide order dated 14-12-2022, the Court directed the respondent to consider whether the age could be relaxed in terms of the memorandum for obtaining a declaration and issuance of a passport.<\/p>\n

The respondent stated that unless the petitioner attained majority and gave a declaration, a passport could not be issued to her. Vide order dated 30-10-2023, the Court noted that the issues that arose for consideration in the present matter are:<\/p>\n

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  1. \n

    Whether the petitioner ought to be directed to apply for citizenship in India under Section 5(1)(a) of the Citizenship Act.<\/p>\n<\/li>\n

  2. \n

    Whether the petitioner would be considered an illegal migrant.<\/p>\n<\/li>\n<\/ol>\n

    Analysis and Decision<\/p>\n

    The Court stated that the petition presented the Court with a vexata quaestio.<\/span> It was mentioned by the Court that the status of the minor was central to the deliberation of the petition since it was a unique case that was presented. The Court stated that the issues in the present matter were two-fold:<\/p>\n