The Indian government has urged the Delhi High Court to limit the precedent set by a May 2024 ruling that granted citizenship to a 17-year-old born to Overseas Citizen of India cardholders, fearing it could lead to widespread similar claims and dilute citizenship laws.
India’s Ministry of Home Affairs (MHA) is pressing the Delhi High Court to reconsider the implications of a recent case involving citizenship for children born in India to parents holding Overseas Citizen of India (OCI) cards. The government expressed concerns that the court’s decision could undermine the existing framework of India’s citizenship laws.
The court case centered around Rachita Francis Xavier, who was born in 2006 in Andhra Pradesh. Her parents are of Indian origin but had acquired U.S. citizenship in 2001 and 2005. Despite their U.S. citizenship, they stayed in India through OCI status, which allows long-term residency for foreign nationals of Indian descent without granting Indian citizenship.
Rachita encountered citizenship issues in 2019 when she was denied an Indian passport, resulting in her lack of recognized citizenship in both India and the United States. In May 2024, a single-judge bench of the High Court ruled that Rachita could not be classified as an “illegal migrant” and should be recognized as a “person of Indian origin.” The court ordered the government to grant her Indian citizenship, which was subsequently confirmed on July 31.
The Ministry of Home Affairs, represented by government counsel Abhigyan Siddhant, appeared before a division bench, including Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela, to argue the case. The MHA contends that this ruling misinterprets the Citizenship Act of 1955. Although the government has not contested Rachita’s citizenship status, it opposes the broader legal interpretation that others might invoke in future similar scenarios.
As outlined by the ministry, children born in India to foreign nationals, including those with OCI cards, are not automatically granted Indian citizenship. These individuals could be considered “illegal migrants” if they lack valid visas or travel documents.
The MHA further argued that broadly categorizing all post-1947 descendants of Indian citizens as “persons of Indian origin” contradicts the legislative intentions behind India’s citizenship policies. This could potentially extend such status to individuals born in other countries such as Pakistan or Bangladesh, both of which emerged as separate nations following India’s independence.
The Delhi High Court has scheduled another hearing on this matter for October 15, providing an opportunity for further examination of these complex legal issues and their implications on India’s citizenship laws.
This report is based on information provided by New India Abroad.
