UK Goan parents fret as strict implementation of the Indian Citizenship Act threatens to leave many minor children as ‘stateless’
LONDON
A recent judgement by the High Court of Bombay at Goa has offered a ray of hope for many Goan parents in the UK, who are worried over the strict implementation of the Indian Citizenship Act which threatens to leave many minor children of a certain category as ‘stateless’.
The High Commission of India (HCI) at London has reported stopped accepting applications or granting renewal of Indian passports of minor children, if one of their parents is an Indian national and the other is a foreign national.
Children in this category have been adversely affected by such refusals as their Indian passports have not been renewed. It is a major concern for many parents as their minor children in the UK are unable to travel to India or abroad without a six-month validity on their Indian passport. Neither can they apply for an Indian visit visa for their minor children as the Indian passport will expire soon.
The Indian Citizenship Act (ICA) states that if one parent is a foreign national and the other parent is an Indian national, the minor child is not entitled to get the Indian passport.
CONCERNS IN UK
According to a Goan residing in Wembley, one school in London has 80-90% Goans and most of them are affected by the implementation of the Indian Citizenship Act.
"Ten years back, when I had gone to renew my son's Indian passport, the Indian embassy told me to get a letter from the Portuguese authorities saying my son is not a Portuguese national. I had to translate and get the letter notarised by a solicitor here. Now, the rules have completely gone the wrong way," said the Goan.
Bella Fernandes, a member of the North London Goans Committee and Margao Union UK, said the decision “is very worrying for parents with young children holding Indian passports.”
“Hope something good happens soon for the sake of these young kids. I think this is a big loophole which needs to be looked at seriously and quickly by the Indian Government. If India is not going to protect our Indian-origin children, who else will? This is saddening me to know how such a thing was ever allowed to happen. I’m hoping this is just an oversight and will be rectified soon.”
Joyce De Souza, a practicing lawyer in Goa and a corporate lawyer for international banks, who was recently elected as Constituency of the Labour Party Women’s Officer in the Labour Party of Brent West Parliamentary Constituency in North West London, said she has been closely studying the issue.
“The recent issue about the refusal to renew Indian minors passport when one parent is an Indian and the other parent has a foreign nationality has raised many concerns. Many people, especially from Wembley, approach us and say that their child’s passport is about to expire or will expire soon and they don’t understand how to deal with this situation,” said Joyce.
Joyce de Souza and Elvis Fernandes have been pursuing the passport issue affecting many minors of Indian nationals in the UK.
“The Indian passports of some children have already expired recently. Many parents feel that if a child is refused Indian passport now, then even if a child attains a nationality of another country for either travel purpose, etc till they attain the age of 18 years and if they apply for Indian nationality out of choice, this will lead to the child having more than one nationality for no reason.”
“Also, there is a possibility that if a child obtains a nationality/passport of another country, the chances that the child will, again on attaining majority, apply for Indian Citizenship or go back to his or her roots is not guaranteed.”
Joyce informed that many parents have contacted the HCI in this matter.
“Some have sent emails explaining the problems faced by them. However, some of these parents have informed that they have not received a reply with a solution or explanation,” said Joyce.
Stating that the recent judgement by the High Court of Bombay at Goa dated January 3, 2024 has offered hope to Goan parents in the UK, Joyce De Souza has hoped the Indian government applies the judgement and allow renewals of Indian minors passport where one parent is a foreign national.
“The judgement by Honourable Judges, M S Sonak and Valmiki Sa Menezes, in favour of the petitioner who was denied Indian passport on the grounds that her birth certificate issued in Kampala-Uganda had her parents nationality registered as Portuguese nationals is worth reading,” said Joyce.
“The judges have decided in favour of the petitioner, Lourdes Jennifer Lobo. The Court has pointed out that denying of citizenship puts an individual at many risks. The fact that the mother was also in possession of Indian passport after applying for the same in 2019 is also taken into account.”
“There is clear interpretation of Section 4 and Section 7 of the Indian Citizenship Act by the Court. It was noted or highlighted clearly that a person born outside India on or after January 26,1950 and before December 10,1992, shall be citizen of India by descent, if their father holds Indian Citizenship at their birth.”
“The provision further confers citizenship by descent on persons born outside India on or after December 10,1992, if either of the parents is a citizen of India at the time of his/her birth.”
“I really hope the Indian Government interprets this judgement to apply it in the present situation and allow renewals of Indian minors passport where one parent is a foreign national,” Joyce added.
Joyce felt the Indian Government should, if required, make the necessary amendments in the provisions of law regarding Section 8 to allow renewals of Indian minors passport where one parent is a foreign national.
“Developed countries like the UK issue passports with the consent of both parents, when one parent is a British citizen and the other parent is a foreign national, as long as there is consent from the parents and they choose the nationality of the child.”
“It is a worse situation when Indian minors can be ‘stateless’. Once Indian passports/citizenship was conferred upon them, it cannot be taken away by suddenly changing the deemed procedure and stop renewals. Indian citizens in the UK are used to the practice that was followed for so many years and therefore, it is an arbitrary change.”
“So, an urgent amendment to resolve this issue or a notification by the Government will be a welcome step to allow renewals of Indian minor’s passport where one parent is a foreign national and the other person is an Indian national. After all, this amendment or notification will only do good to the Indian national parents who have a foreign partner.”
