Gujarat High Court Asks Authority To Decide Africa-Born Woman's Plea For Issuance Of Passport Claiming Indian Citizenship By Descent

The Gujarat High Court has asked the Passport Authority to decide a woman's plea for issuance of passport who though was born in Africa, but has sought relief on the ground of being Indian citizen by descent under Citizenship Act. 

During the hearing, the petitioner's counsel submitted before Justice Niral R Mehta that the petitioner would once again approach the Passport Authority under Section 4 of Citizenship Act read with Section 5(2) of the Passport Act, in connection with her pending application.

It was submitted that the petitioner would apprise the authority that in the instant case, the petitioner by virtue Section 4(b) of Citizenship Act is already a "citizen by descent"; thus the document with regard to the passport and the birth certificate of her parents and the husband, be verified in the said context. 

The court said: "Let the petitioner to approach the authority within one week from today, and if any such application is filed, the passport officer is hereby directed to decide the same keeping in mind the provisions of the Citizenship Act, 1955, and the Passport Act, 1967, within a period of two weeks thereafter. The decision of the authority also be placed on record of this Court"

The petitioner's counsel argued that the petitioner was born in Mozambique but when she was 18 days old she had come back to India. 

The counsel said that when she went to the passport authority they said that she should be a citizen of India. 

"My parents are Indian citizen. My husband is an Indian citizen But my husband is now required to go abroad for a job. So now I am required to travel with him. Till today, I don't have passport. I have election card, voter id and Aadhaar card everything issued is here...When I went to passport authority they said that since you are not born here, we require a citizenship...," the counsel said. 

On the court's query the counsel pointed to Section 4 of the Citizenship Act and argued that she has to be treated as an Indian citizen by virtue of descent as her parents are Indian citizens. 

For context, Section 4(1) states that a person born outside India shall be a citizen of India by descent (a) on or after the 26th day of January, 1950, but before the 10th day of December, 1992, if his father is a citizen of India at the time of his birth; or (b) on or after the 10th day of December, 1992, if either of his parents is a citizen of India at the time of his birth. 

The counsel thus claimed that Section 4(1)(b) is applicable in the petitioner's case, wherein both her parents were Indian citizens at that time and both have Indian passports.

The counsel further said that under Section 4 there is no mechanism to make an application. "One is deemed to be treated as a citizen. So passport authority should consider the citizenship of my parents. They will just have to examine whether my parents are citizens or not," he added. 

"So ultimately that examination is to be done," the court orally said. 

The counsel further submitted that the authority was not processing the application on the ground that she does not have certificate of registration or naturalisation. He added that the petitioner has the birth certificate of Mozambique among all other relevant documents. 

The court thereafter said to the counsel appearing for the passport authority, "Then this can't be kept pending like this. In inquiry you can call upon her birth certificate...parents certificate. Compare the date. It is open and shut". 

At this stage the respondent's counsel said, "I will tell the officers to consider it. Let them (petitioner) visit". 

The court thus passed the order and listed matter on October 7. 

Case title: DOLLY KHILANKUMAR VADALIA v/s UNION OF INDIA & Ors. 

R/SCA/9457 of 2025

Click Here To Read/Download Order