Mozambique-born, Rajkot resident’s plea for Indian passport rejected by Gujarat high court

Ahmedabad: The Gujarat high court has denied relief to a Rajkot-based, Mozambique-born woman of Indian parents who is seeking an Indian passport so that she can join her NRI husband in Canada.

The HC dismissed the petition filed by Dolly Vadaliya, who sought directions to the passport authorities to issue her an Indian passport without insisting on proof of citizenship through registration or naturalisation. The court held that the petitioner failed to establish Indian citizenship under Sections 3 or 4 of the Citizenship Act, 1955.

Vadaliya was born on Feb 18, 2000, in Xai-Xai, Mozambique, to parents who are Indian citizens. Due to severe floods in Mozambique soon after her birth, her family was forced to return to India on March 14, 2000, using an emergency certificate issued to facilitate travel. She argued that she never acquired Mozambican citizenship, never held a foreign passport, and had lived continuously in Rajkot since infancy. She also submitted that she possesses Indian educational records, Aadhaar, PAN, voter ID and a driving licence. Moreover, she is married to an Indian citizen who is in Canada on a work permit.

Her passport applications was rejected twice earlier, and on her third application, the passport authorities raised the same objection that she could not furnish documentary proof of Indian citizenship, including a certificate of registration or naturalisation. While the passport authorities demanded a certificate of Indian citizenship, the district collector — the competent authority for issuing such a certificate — insisted that she first surrender her foreign passport.

Vadaliya approached the high court, where the Centre opposed the plea, arguing that a passport can be issued only to an Indian citizen and that the petitioner had not satisfied the requirements for citizenship by descent. It was submitted that her birth in Mozambique was not registered at an Indian Consulate within one year, or later with Central govt approval, as required under Section 4(1)(b) of the Citizenship Act and the Citizenship Rules, 2009.

After hearing the case and perusing the documents, Justice H M Prachchhak stated: "It also appears from the record that the parents of the petitioner had not followed the procedure to acquire Indian citizenship by descent for the petitioner when the petitioner was born… Further, the petitioner has failed to prove Indian citizenship as she is not an Indian citizen by birth or by descent as per provision of Section 3 and 4 of the Citizenship Act, 1955."

While dismissing the petition, the HC permitted Vadaliya to apply again for a passport online or offline and directed the passport authorities to decide the application in accordance with law.

Court Says Mandatory Procedure Under Citizenship Act Was Not Followed