Justice Prathiba M Singh passed the order noting that the petitioner-girl’s case was covered under a special circumstance not covered by any specific provision of the Citizenship Act of 1955 or the Passports Act of 1967.
The Court held that the petitioner, Rachita Francis Xavier, was not an illegal migrant and qualified as a person of Indian origin entitling her to citizenship by registration under the category of person of Indian origin under Section 5(1)(a) of the Citizenship Act.
“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,” the Court noted.
It said that Xavier cannot be rendered stateless and left to struggle for basic human rights such as freedom of movement, freedom to have an identity, freedom to be educated as per their will even in a foreign country.
“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,” the Court stated.
Source: Barandbench
