‘Unique Circumstance’: Delhi HC Grants Citizenship To Indian-Born Teen With US Citizen Parents Holding OCI Cards

The girl found herself in a legal conundrum due to the absence of specific provisions addressing her situation within the Citizenship Act of 1955 or the Passports Act of 1967.

A Bench of Justice Prathiba M Singh held, “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 is 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.”

Advocate Bharadwaj S Iyengar appeared for the Petitioner and CGSC Anurag Ahluwalia appeared for the Respondents.

Recognizing the absence of provisions directly applicable to her case, the Court invoked a broader interpretation of the law. It added, “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.” Consequently, she qualified as a person of Indian origin eligible for citizenship by registration under Section 5(1)(a) of the Citizenship Act.

Acknowledging the potential ramifications of denying her citizenship, including being rendered stateless and deprived of fundamental rights, the Court emphasized the importance of ensuring her access to basic human rights such as freedom of movement, identity, and education.

Her plea for a passport, which was initially rejected due to her parents' citizenship status at the time of her birth, was thus addressed by the Court's ruling. The Court invoked the enabling powers under Section 5(4) of the Citizenship Act, directing the Central government to grant Indian citizenship to her. The Court granted her permission to apply for citizenship registration under Section 5, mandating the government to make a decision within 30 days in accordance with the Court's interpretation of the law.

Furthermore, the Court ordered that upon obtaining citizenship, she should be granted a passport within 15 days of application.

Cause Title: Rachita Francis Xavier v. Union of India & Ors., [2024:DHC:3942]

Appearance:

Petitioner: Advocates Bharadwaj S Iyengar and Vikas Upadhyay

Respondents: Central Government Standing Counsel (CGSC) Anurag Ahluwalia and Advocate Abhigyan Siddhant.