Implementation of the Indian Citizenship Act threatens to leave many minor children in the UK as ‘stateless’ on expiry of their Indian passports
Goan families hope that the High Commission of India at London will address the issue affecting Indian nationals in the UK.
LONDON
A recent issue has affected a large number of Goan families in the UK, as the High Commission of India (HCI) at London is not 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.
Around a month ago, the HCI stopped accepting such applications, and children in this category have been adversely affected by such refusals as their Indian passports have not been renewed.
Since the Indian passport will expire soon, it’s 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 SITUATION
As per the Indian Citizenship Act (ICA), 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.
Incidentally, though this provision of law existed for many years, the minor’s passport would be issued/renewed even when one parent is an Indian and the other is a foreign national. Since such passports were renewed in the past, Indian citizens in such a situation were unaware of this provision of law i.e. the ICA.
The ICA also states that a child, in such a category on attaining 18 years of age within six months, can give in writing that he/she wants to acquire Indian citizenship. The question is, what happens till the child attains 18 years? Till then, the child will cease to have Indian citizenship and will be stateless on expiry of his/her Indian passport.
THE PROBLEMS
Among many Goans, one parent is either a Portuguese/British national and the other parent is an Indian national. They have minor children who are Indian nationals and whose passports have to be renewed for travel purposes and also, because some of them intend to apply for either Portuguese nationality or British nationality.
If a minor has to apply for nationality of another country where they are residing or the country of the parent who is a foreign national, the relevant country will ask for a valid passport. Without a valid Indian passport of their minor child, parents cannot apply for a citizenship of another country, again rendering the child stateless.
This issue has created a lot of confusion, fear, anxiety and instability in the minds and lives of people with such a situation. This problem has severely affected the Goan community at large in the UK because the community has a significant amount of parents, among whom one is an Indian national and the other is a foreign national.
Is it fair to suddenly enforce the procedure without informing Indian nationals in the UK? Enough time had to be given to Indian nationals to decide how to go about with their minor child's citizenship. If parents were aware that Indian passports will no longer be renewed, just because one of the parent is a foreign national, they should have had enough time to apply for citizenship of the other parent who is a foreign national parent for their child or citizenship of the country that they are residing at present.
Obtaining citizenship is a tedious process and takes time depending on the eligibility criteria, requirements and procedures of each country. This needs to be understood by the HCI. Renewals have to be done to avoid statelessness of minors. The UN Convention on the rights of the child clearly states that statelessness for minors should be avoided and it is unlawful, if this is done.
THE EFFORTS
When I came to know about this issue, I spoke to a local agent providing service like renewal of passports, and he said the HCI is acting as per a notification from India’s Ministry of Home Affairs (MHA).
I am unaware of any circular or prior notification to the public or the Indian nationals about the change in the policy. Even if they realised that issuance/renewal of the Indian Passport, when one parent is a foreign national, is not lawful as per the Indian Citizenship Act, the MHA should have notified the change in the Official Gazette and the newspapers, for public awareness.
I have written to the HCI requesting them to take up this issue urgently and address/resolve concerns and problems faced by Goan families in the UK where one parent is an Indian national and the other one is a foreign national.
I also met the Brent West Constituency MP Barry Gardiner on this issue and explained how it is affecting Indian nationals residing in the UK. I have requested him to raise the issue with the UK Home Office, so that it is aware of such an issue and in turn, can interact with the HCI to resolve this issue. Gardiner said he will talk to his contact in the Home Office, who in turn, will talk or write to the HCI explaining about the issue.
Considered stateless because of unexpected changes in the rules of the HCI can affect the welfare and well-being of a minor child. Such children and their parents will be unable to travel too till this issue is resolved.
I would request the Indian Government to look into the matter as soon as possible, because minor children will not be able to travel outside of the UK. In a democracy like India, the law makers and people in power should consider if any change in policy does more harm compared to the benefits to the public. The strict implementation of the rules has adversely affected the lives of many Indian nationals in the UK.
A solution like temporarily extending the validity of the passport till the child acquires foreign nationality of the other parent can be considered. Any other solution which can solve the problem is also welcome.
I would like to request the Indian citizens affected by this change, and those who understand the implications of this decision, to write to the HCI expressing their views and the hardships faced because of this implementation of the law. It will be helpful and the HCI might be able to understand the issue that is affecting Indian nationals in the UK. This will help them to take a decision in favour of the parents.
[The writer, a practicing lawyer in Goa and a corporate lawyer for international banks, 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]
