Advocate Mayank Francis Dias

Questions Answered by Advocate Mayank Francis Dias

Q: What can be done in delay of issuing of passport

I m an Indian, my husband is a Pakistani, but my daughter was born in India, and I applied passport for my daughter since march 2017 but I don't received passport till date. so plz tell me how can I make passport for my daughter, passport officer say to me. You apply Indian nationality for your daughter then bring a nationality certificate, then we will make passport of your daughter. So plz advice me. How can I get passport of my daughter?

Advocate Mayank Francis Dias answered
As you are aware, an Indian Passport is issued only to Indian Citizens. A person becomes an Indian citizen either by birth or by naturalization. As in your query you have mentioned that your daughter was born within the territory of the Republic of India, this opinion shall be limited to the aspect of citizenship by birth. Hence, for your information, the relevant extract from the Citizenship Act, 1955 has been reproduced below regarding Citizenship by birth-“ 3. Citizenship by birth.― (1) Except as provided in sub-section (2), every person born in India― (a) on or after the 26th day of January, 1950, but before the 1st day of July, 1987; (b) on or after the 1st day of July, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004) and either of whose parents is a citizen of India at the time of his birth; (c) on or after the commencement of the Citizenship (Amendment) Act, 2003 (6 of 2004), where― (i) both of his parents are citizens of India; or (ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth, shall be a citizen of India by birth. (2) A person shall not be a citizen of India by virtue of this section if at the time of his birth― (a) either his father or mother possesses such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and he or she, as the case may be, is not a citizen of India; or (b) his father or mother is an enemy alien and the birth occurs in a place then under occupation by the enemy.”Hence, if your daughter qualifies as a citizen of India in accordance with the aforementioned provision, then she is eligible to apply for an Indian Passport. Furthermore, if while being an Indian citizen she is being denied issuance of a Passport, then you are advised to file an RTI Application and obtain the official reason for non-issuance of the Passport. Thus, on the basis of the RTI Reply, appropriate steps could be taken to remedy the situation.