CASE SUMMARY
In Nalini Vs The Regional Passport Officer, RPO Trichy [W.P. (MD) No. 3512 of 2022], the Madurai Bench of the Hon'ble Madras High Court has affirmed that the Petitioner, born to Sri Lankan Nationals housed in Mandapam Refugee Camp, was an Indian citizen by birth and hence she does not have to apply to any authority for recognition or declaration. She is therefore entitled to hold an Indian passport.
Brief Facts:
The Petitioner's parents were Sri Lankan Nationals who came to India on account of Anti-Tamil riots. She was born in Mandapam refugee camp in 1986. When she approached the Respondent i.e., the Regional Passport Office at Trichy for issuance of passport, her application was rejected stating that her nationality was doubtful. Hence the Writ Petition.
Decision:
The Petitioner was born in India and she held a birth certificate issued by the competent authority. The genuineness of the certificate is not doubted. According to Section 3(1)(a) of the Citizenship Act, 1955 every person born in India on or after 25.01.1950 and before the first day of July 1987 shall be a citizen of India by birth. The various forms providing for application for registration as citizen do not covercitizenship by birth. This meant that a person claiming to be a citizen by birth does not have to apply to any authority for recognition or declaration as such. Since the Petitioner was born in India in 1986 and her birth certificate issued by the competent authority is not in question, the Court concluded that the Petitioner is an Indian citizen by birth and she need not apply for citizenship.
Hence, the Writ Petition was allowed and the Respondent was directed to issue passport to the Petitioner subject to the other usual formalities.
Counsel for Petitioner: Mr. I. Romeo Roy Alfred;
Counsel for Respondent: Assistant Solicitor General.
(This is just a case summary and not an opinion piece/case comment.)
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