MADRAS HIGH COURT DIRECTS ISSUING OF PASSPORT TO MAN WHOSE MOTHER WAS INDIAN AND FATHER A SRI LANKAN REFUGEE
The Madras High Court in the case Neyatitus v. The Regional Passport Officer observed and has directed the Regional Passport authority for considering the representation of a man who had applied for an Indian Passport. Since, it has been shown in his birth certificate as a Srilankan refugee, he was also being called upon by the passport authorities to give an explaination to them.
The bench headed by Justice GR Swaminathan of the Madurai in the case observed and has noted that the father of the petitioner was also Srilankan refugee, the fact that his mother who being an Indian citizen was not disputed in the case. Thus, it has also been noted by the court that we are still stuck in patriarchal notions as it has automatically been assumed by the authorities that the petitioner will partake his father’s nationality while his mother remained an Indian citizen wherein making him eligible for an Indian passport.
Further, the court stated that we are still stuck in patriarchal notions and the said officials must have thought that since the petitioner’s father is a Srilankan refugee, the petitioner though who was born through an Indian citizen must also partake the father’s nationality.
Therefore, the petitioner in the case also offered his explanation before the respondent.
The said court was also convinced that the petitioner had made out a case for grant of relief and it has also been directed by the authorities to process his application within a period of three weeks.
The court in the case observed that the Parliament was yet to enact a law which relates to refugee, further, the court went on to explain the various International Frameworks that cover the manner in which refugees were to be treated, thus, the court also went on to discuss precedents in which the courts have actively come forward in order to grant relief to the refugees.
The court stated that as per Section 3 (1)(b) of the Citizenship Act 1955, the person who is born in India on or after first day of July, 1987, but the same being before the commencement of the Citizenship (Amendment) Act, 2003 and either of whose parents who being a citizen of India at the time of his birth shall be a citizen of India by birth.
In the said case, firstly, the petitioner was born before the cut-off date i.e., 18.01.2022, the date being beyond the cut-off date of 03.12.2004 and secondly, the petitioner’s mother was an Indian citizen by birth which means that both the statutory requirements were fulfilled.
It has also been noted by the court that though the notice issued by the authorities was erroneous, the authorities cannot blame as the petitioner’s birth certificate mentioned him as a Srilankan refugee.
The counsel, Mr.i.romeo Roy Alfred appeared for the Petitioner.
The counsel, Mr.d.saravanan, Central Govt. Standing Counsel represented the respondent.