Give passport to youth born to Tibetans, says Karnataka High Court
Bengaluru: The Karnataka High Court has come to the rescue of a 27-year-old man, who was born to Tibetan refugees in India but was declined Indian citizenship and passport by regional passport authorities. The Regional Passport Office had denied him the passport, saying those born to Tibetan refugees in India cannot be automatically treated as Indian citizens under the Citizenship Act.
Aggrieved by the order of the Regional Passport Office, Koramangala, which had consulted the Ministry of Home Affairs before denying him the citizenship, the petitioner approached the high court. Justice A.S. Bopanna, who heard the case, directed the passport officials to consider the request of the petitioner for a passport as expeditiously as possible. The court also ordered that the process should not take more than two months from the date of submission of all necessary documents by the petitioner.
The petitioner was born in India on November 11, 1985 in Mcleodganj at Dharamsala in Himachal Pradesh. The authorities had issued him an identity card, which is a norm for Tibetan refugees in the country.
The petitioner’s advocate argued that declining the request of his client is not sustainable as those born between January 26, 1950 and July 1, 1987 to Tibetan parents settled in India would automatically be treated as Indian citizens by birth according to Section 3 (1) (a) of the Citizenship Act. He also referred to an order of the Delhi High Court in a similar case.
“As the birth certificate of the petitioner indicates that he was born on November 18, 1985, he is eligible to be considered as an Indian citizen by birth,” the advocate argued.
The authorities, objecting to the plea, stated that the petitioner’s date of birth did not automatically accord him the Indian citizenship and he should have filed an application seeking the citizenship as contemplated under Section 9 (2) of the Citizenship Act, 1955.
The authorities also pointed out that the petitioner, while applying for the passport, mentioned his nationality as Tibetan. Under such circumstances, the authorities could not issue the passport as the petitioner had not applied for Indian citizenship as per law, they argued.
The high court cited the Parliament debate that set the cutoff dates and said anyone born within that period should be automatically considered as Indian citizens.
“As the petitioner was born on November 11, 1985, which is before July 1, 1987, the petitioner also would be entitled to claim the status of an Indian citizen by birth,” the court observed, disposing of the petitioner’s plea.
