What happens when both parents (Indian) take citizenship of another country and minor child’s passport remains Indian?
According to the Citizenship Act, “when a person ceases to a citizen of India, every minor child of that person shall thereupon cease to be a citizen of India.
Bengaluru: A couple from Jayanagar, who gave up their Indian citizenship to become Australian citizens, was shocked after their minor son’s passport was withheld, citing that both his parents were no longer Indians, a report in the Times of India, says.
Accorrdiing to the Citizenship Act, “when a person ceases to be a citizen of India, every minor child of that person shall thereupon cease to be a citizen of India”.
However the parents of the boy have appealed to the Ministry of External Affaiirs for an exception in their case on humanitarian grounds. The matter is now under consideration of the Ministry of Home Affairs.
It was an unexpected turn of events for the couple who had move to Australia in 2015. A few years later they applied for Australian citizenship.
According to sources in the Regional Passport Office, the man and woman had settled down in Australia, leaving the their minor son in the custody of his grandmother in Jayanagar ..
A few years ago, they became Australian citizens, while the boy, who is now 15 years old, had an Indian passport
With the Covid situation easing and India lifting international travel ban, the couple returned to Bengaluru in 2022 and planned to take their son to Australia for a holiday.
However the parents of the boy have appealed to the Ministry of External Affaiirs for an exception in their case on humanitarian grounds. The matter is now under consideration of the Ministry of Home Affairs.
“They found that their son’s Indian passport had expired and tried to apply for a renewal. That is when the reality hit them. They realised that an Indian passport for a minor is issued or renewed based on the citizenship status of at least one parent. In their case, both the father and mother had renounced their Indian citizenship and remained ignorant about the rule,” said an officer concerned with the case said.
Section 8 of Citizen Act 1955 reads: “Where a person ceases to be a citizen of India under subsection (I), every minor child of that person shall thereupon cease to be a citizen of India.Provided that any such child may, within one year after attaining full age, make a declaration that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India. ”
The boy can now apply for an Indian passport after he turns 18, when he will be eligible for the blue book as per passport rules. However, his parents, who hold Person of Indian Origin(PIO) cards, have now approached MEA seeking an exception and issuance of passport for him on humanitarian grounds.
Sources with Bengaluru passport office revealed that the matter is now under consideration of MHA, to whom the same was referred to by ministry of external affairs.
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