The Bombay High Court states, "The acquisition of a foreign nationality by the petitioner’s mother will not affect the citizenship status of the petitioner. The child cannot be left ‘stateless’., directs authorities for renewal of her passport.
Brief Facts
The present factual matrix involves the issue of citizenship in respect of a minor child born to Indian Parents in Margao, Goa on October 27, 2007. Both the parents to such minor were “Indian Citizens” at the time of Child’s birth. Later, when the minor child was 3 years old, her father abandoned the family and the mother in consequence, obtained a divorce decree from Civil Judge in Margao dated January 3, 2019. In 2015, the minor’s mother shifted to Portugal and acquired their citizenship while renouncing her Indian citizenship. In furtherance to above, both the minor and the mother shifted to United Kingdom, wherein the minor’s Indian passport expired on December 2, 2019. A request was presented on behalf of the minor for renewal of her passport, however, the Indian High Commission situated in UK denied their request for renewal, citing her mother’s Portuguese citizenship and that the minor resided with her single mother.
Issue
- Whether the citizenship of a minor could be invalidated by her mother acquiring a foreign citizenship.
- Whether the Indian High Commission’s order to deny the minor’s renewal of passport was in conformity with the provisions of Passports Act, 1967 and Citizenship Act, 1955
Contentions of Petitioner
It was contended on behalf of the minor that her Indian Citizenship by birth could not be affected by her mother’s subsequent acquisition of Portuguese citizenship. It was further asserted on behalf of the minor that refusal to renew her passport based on the fact that mother had acquired a foreign citizenship was against the law. The minor’s counsel argued that since her citizenship was acquired by birth and also since both her parents were Indian citizens at time of her birth, her Indian citizenship was neither affected by her mother’s nationality, nor by her place of residence.
Contentions of Respondent
Per contra, the counsels for Respondent asserted that the decision of the Indian High Commission was in consonance to the provisions of the Passport Act, 1967 and Citizenship Act, 1955. In addition to the above, the contended that the minor petitioner is not eligible for an Indian Passport as her mother, who has the petitioner’s physical custody, has acquired a foreign nationality.
Observation of the Court
Upon appraising the assertions made by both sides, the Bombay High Court reasoned that a citizenship by birth acquired by the minor under section 3 of the Citizenship Act, 1955 is not affected by her mother’s (or their parent’s) acquisition of a foreign nationality subsequently. The court noted that the decision of the Indian High Commission to reject the prayer for passport renewal not incorrect, against the statutory provisions and thus, unsustainable in law. Adding to above, the court enumerated that refusing to renew a passport on the premise of that minor applicant’s mother has acquired a foreign citizenship and nationality, would in effect render the child stateless.
Regarding the above, the Bombay High Court observed that “The termination of citizenship can be by renunciation of citizenship in terms of Section 8, voluntary acquisition of citizenship of another country in terms of Section 9 or the citizenship can be deprived in terms of what is provided in Section 10….. The petitioner’s mother has not renounced her citizenship of India for Section 8 to have any application. Having acquired citizenship of Portugal, by operation of law in terms of Section 9, the petitioner’s mother ceases to be a citizen of India.”
The Bombay HC bench further pointed out that “In the present case, by virtue of the provisions of Section 3, the petitioner has acquired citizenship of India by birth. Further, this is not a case where it can be said that the petitioner’s Indian citizenship ceases or is terminated in terms of what is provided in Sections 8, 9 and 10 of the Citizenship Act. Merely because the petitioner’s custody is with her mother is no ground to assume that the petitioner is no longer a citizen of India or that there is termination of her Indian citizenship. The Citizenship Act does not provide for such a consequence. The petitioner has not acquired citizenship of another country. he petitioner therefore is a citizen of India in terms of Section 3 of the Citizenship Act.”
HC Bench lastly before it’s concluding remarks reasoned that, “once we find that the petitioner is a citizen of India, refusal of the passport on the ground mentioned in the impugned order is not sustainable. The view that the petitioner is not eligible for the Indian Passport since the applicant (mother) is a single parent minor child and the physical custody of the petitioner is with the parent who is a foreign national, is unsustainable. The acquisition of a foreign nationality by the petitioner’s mother will not affect the citizenship status of the petitioner. The child cannot be left ‘stateless’.”
Decision
The Bombay High Court set aside the order of the Indian High Commission delivered in UK. The court noted that the minor petitioner had the right to an Indian Passport due to her subsisting Indian citizenship, as her Indian citizenship was not affected despite her mother acquiring a foreign nationality. Due to said reasons, the court directed Petitioner’s passport to be issued accordingly.
Case Title: Miss Chrisella Valanka Kushi Raj Naidu v. The Ministry of External Affairs & Ors.
Neutral Citation: 2024:BHC-GOA:1409-DB
Court: Bombay High Court
Coram: Justice Valmiki Menezes and Justice M. S. Karnik
Date: August 28, 2024
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