Child can’t lose Indian citizenship because father became UK citizen: Madras High Court

The Madras High Court recently directed the regional passport officer in Madurai to consider a minor boy’s passport renewal application within three months, observing that the boy cannot be deprived of Indian citizenship merely because his father acquired British citizenship after his birth.

Justice Senthilkumar Ramamoorthy passed the order on a plea filed on behalf of the minor by his father seeking renewal of the boy’s passport without insisting that the application be made through his mother.

“In the absence of statutory sanction, the minor cannot be stripped of citizenship merely because his father acquired the citizenship of the United Kingdom in 2021,” the court observed on October 13.

Justice Senthilkumar Ramamoorthy passed the order on a plea filed on behalf of the minor by his father.

What was the case?

According to the facts of the case, the boy was born on January 23, 2016, when both his parents were Indian citizens. His father acquired British citizenship on May 7, 2021, while the mother continued to be an Indian citizen. The boy’s passport, issued in London on October 5, 2021, was due to expire on October 4, 2026.

The regional passport officer opposed the petition, relying on Section 8(2) of the Citizenship Act to argue that a minor child ceases to be an Indian citizen when the parent ceases to be one. The officer also stated that there was no record regarding the minor’s legal custody.

Explaining the legal provision, the court said that Section 8(2) applies when a parent renounces Indian citizenship by making a declaration in the prescribed manner and the declaration is registered by the competent authority. In contrast, Section 9 deals with the acquisition of foreign citizenship by naturalisation, registration or otherwise.

The court noted that the father’s acquisition of British citizenship fell under Section 9. “In the case at hand, the father of the minor asserts that he became a citizen of the United Kingdom on 07.05.2021. Hence, Section 9 applies to this case, but not Section 8. The acquisition of citizenship was after the birth of the child on 23.01.2016. As regards the mother, it is stated that she was a citizen of India both at the time of birth of the child and remains an Indian citizen,” the order read.

Story continues below this ad

Referring to Section 3(1) of the Citizenship Act, which deals with citizenship by birth, the court observed that the minor had become an Indian citizen by birth because both his parents were Indian citizens at the relevant time.

“As can be seen from the language of sub-section (1), the minor became a citizen of India by birth on account of both his parents being citizens of India at the relevant time,” the court said.

The court, therefore, held that there was no impediment to processing the minor’s passport renewal application from the perspective of the Citizenship Act, 1955. It accordingly directed the regional passport officer to consider and decide the boy’s application within three months.