The Delhi High Court has directed the Union of India to grant citizenship to a 17-year-old girl, who was born and raised in India to parents holding Overseas Citizens of India (OCI) cards and US citizenship at the time of her birth.
The single-judge Bench of Justice Pratibha M Singh noted that the petitioner-girl’s case was covered under a special circumstance not covered by any specific provision of the Citizenship Act of 1955 or the Passports Act of 1967.
Petitioner Rachita Francis Xavier was not an illegal migrant and qualified as a person of Indian origin entitling her to citizenship by registration under the category of person of Indian origin under Section 5(1)(a) of the Citizenship Act, it said.
Justice Singh further noted that the case would be covered under Explanation 2, as both parents of the petitioner were Indian citizens who had thereafter obtained US citizenship. In addition, the petitioner was born in India when her parents were legally residing in India as OCI card holders.
Xavier cannot be rendered stateless and left to struggle for basic human rights such as freedom of movement, freedom to have an identity, freedom to be educated as per their will even in a foreign country, she added.
The High Court said the non-grant of citizenship and the consequent non-grant of a passport can have a deleterious impact on the petitioner and her family. There was no reason why the petitioner, a young girl, ought to be made to struggle due to an unusually uncomfortable position she has been placed in – may be due to decisions made by her parents/family.
Xavier moved the High Court seeking the issuance of a passport. She apprised the Court that she has never held a passport and was born in India to parents of Indian origin, who had acquired US citizenship.
The petitioner said 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.
The High Court ruled that the petitioner’s case was clearly a special circumstance as contemplated under Section 5 of the Citizenship Act, where the Central government could use its powers to grant her Indian citizenship.
The Central government was directed to use the enabling powers contemplated under Section 5(4) of the Citizenship Act and grant Indian citizenship to Xavier.
Justice Singh permitted the petitioner to apply for registration as a citizen under Section 5 of the Citizenship Act and ordered the government to take the decision as per law declared by the Court within 30 days.
The Court added in its order that after obtaining citizenship, the petitioner can file an application for the issuance of a passport, which shall be granted to her within 15 days.
The petitioner was represented by Advocates Bharadwaj S Iyengar and Vikas Upadhyay.
Central Government Standing Counsel (CGSC) Anurag Ahluwalia, along with Advocate Abhigyan Siddhant, appeared for the Centre.