Childs citizenship by birth can not be revocked if parents renounce Indian citizenship

Punjab and Haryana High Court Upholds Indian Citizenship for Minor Despite Parent's Renunciation. Court Directs Issuance of Passport to Minor, Asserts Citizenship by Birth Cannot Be Revoked by Parental Actions

In a significant ruling, the Punjab and Haryana High Court has affirmed the Indian citizenship of a minor, Royalpreet Singh Sandhu, born to Indian citizen parents, even though the father later renounced his Indian citizenship in favor of Italian nationality. The case, presided over by Justice Harsh Bunger, underscores the legal principle that citizenship by birth is a statutory right that cannot be nullified by the subsequent actions of a parent.

The petition, filed by Royalpreet Singh Sandhu through his mother, challenged an objection raised by the Regional Passport Officer in Chandigarh against the reissuance of his passport, citing the father's renunciation of Indian citizenship. The Court dismissed this objection, emphasizing that Royalpreet, born in India in 2008, is entitled to Indian citizenship under Section 3 of the Citizenship Act, 1955. This provision grants citizenship to those born in India to Indian citizen parents, a status that remains unaltered despite one parent's change of nationality.

Justice Bunger highlighted that the child cannot be rendered stateless due to unilateral parental actions, asserting that citizenship is a legal status conferred at birth. The Court also criticized the insistence on a custody certificate as a misplaced requirement, noting that where there is no matrimonial discord or custody dispute, the mother, who retains her Indian citizenship, is naturally the guardian of the minor.

The judgment draws support from previous rulings by the Supreme Court and other High Courts, reinforcing the notion that a child's citizenship remains intact irrespective of one parent's nationality change. The Court has directed the respondents to process Royalpreet's passport application and issue it within four weeks, with validity extending until he reaches majority. Upon attaining adulthood, he may apply for renewal or reissuance, where his citizenship status will be reassessed.

This decision reaffirms the statutory rights of minors born in India and clarifies the legal stance on citizenship issues arising from parental nationality changes, ensuring the protection of a child's fundamental rights under Indian law.

Bottom Line:

Citizenship by birth - Minor child born in India to Indian citizen parents is entitled to Indian citizenship by operation of Section 3 of the Citizenship Act, 1955, even if one parent subsequently renounces Indian citizenship.

Statutory provision(s): Section 3 of the Citizenship Act, 1955, Section 8 of the Citizenship Act, 1955, Articles 226/227 of the Constitution of India.

Royalpreet Singh Sandhu (Minor) v. Union of India, (Punjab And Haryana) : Law Finder Doc id # 2800270