Introduction
The Himachal Pradesh High Court has held that a person born in India between January 26, 1950 and July 1, 1987, is entitled to Indian citizenship by birth under Section 3 of the Citizenship Act, 1955, subject to the statutory exceptions.
The Court observed that a passport application cannot be rejected on the ground of foreign nationality when the applicant’s birth certificate establishes that she was born in Indian territory during the relevant period.
Justice Sandeep Sharma made these observations while hearing a petition filed by Shitla Devi, whose passport application had been rejected following an adverse Police Verification Report (PVR).
Background
The petitioner approached the Himachal Pradesh High Court after authorities rejected her passport application based on a police verification report describing her as a Nepali national.
She contended that she was born on May 3, 1972, at Patlikuhl, Manali, Himachal Pradesh. To establish her Indian citizenship, she relied on her birth certificate, which recorded her birth within Indian territory.
The State authorities opposed the petition by relying on a subsequent verification report that described the petitioner and her son as permanent residents of Nepal.
However, an earlier police verification report had recorded them as residents of Patlikuhl and citizens of India. This inconsistency between the verification reports formed part of the dispute before the High Court.
Legal Issue
The principal issue before the Court was whether a person born in India during the period specified under Section 3 of the Citizenship Act, 1955, could be denied a passport on the basis of a police report describing her as a foreign national.
The Court also examined whether the authorities had properly considered the petitioner’s birth certificate and the conflicting verification reports before rejecting her passport application.
Court Ruling
The High Court examined Section 3 of the Citizenship Act, 1955, which provides for citizenship by birth. Under Section 3(1)(a), every person born in India between January 26, 1950 and July 1, 1987, is a citizen of India by birth, irrespective of the citizenship of their parents, subject to the statutory exceptions.
Applying this provision, the Court noted that the petitioner’s birth certificate recorded her date of birth as May 3, 1972, in Himachal Pradesh. Her birth therefore fell within the period covered by Section 3(1)(a).
The Court also considered the conflicting police and administrative verification reports. It directed the State authorities to issue a fresh Police Verification Report concerning the petitioner’s character and residence within two weeks.
The authorities were specifically directed to take into account Section 3 of the Citizenship Act, 1955, while preparing the fresh report.
Implications
The ruling clarifies the application of citizenship by birth under Section 3(1)(a) of the Citizenship Act, 1955, to persons born in India during the specified period.
It also emphasises that passport authorities cannot disregard statutory citizenship provisions while examining an application. Police verification reports must be considered in light of the applicable law and relevant documentary evidence.
The judgment adds clarity on citizenship by birth and the responsibility of authorities to consider birth records and statutory provisions before raising objections to passport applications.
