Passport Cannot Be Denied To Child on Sole Ground That One Parent Is Non-Indian Citizen
Case: Chaitanya S. Nair (minor) v. Union of India & Ors.
Coram: Justice Bechu Kurian Thomas
Case No.: W.P.(C) No.22555 of 2021
Court Observation: “Since the petitioner was born in India and her domicile of origin is India and when her biological father continues to be an Indian citizen, the objection raised by the respondents in issuing an Indian Passport, based purely on her mother being an American citizen is, to say the least, odious and legally unsustainable”
“…the petitioner, though a minor and a child, is still “someone, even today”. Petitioner’s right to travel, her right to enjoy her nationality and her right to enjoy her citizenship cannot be ignored.”
“We worry about what a child will become tomorrow, yet we forget that he is someone today.”
“The aforementioned willingness expressed by the father of the petitioner is indeed creditworthy, indicative of the parent acting in the interests of the welfare of the child and worthy of emulation by other similar parents.”
“Thus, if the petitioner submits the relevant form as per the Passport Rules, 1980, the respondents are bound to process the application for issuance of a passport to the petitioner.”
“Law abhors such statelessness of children. The comity of nations ensures that every person must have a nationality so that all rights accrue to that individual as a national of that particular country. Though nationality and citizenship are not synonymous terms, the concept of nationality cannot be ignored while considering the citizenship of a minor child, especially when the statute confers citizenship by birth.”
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Keywords
Non-Indian Citizen, Passport
