Gujarat High Court Refuses Passport To Woman Born In Mozambique To Indian Parents, Says Citizenship By Descent Not Established
The Gujarat High Court dismissed a Mozambique-born woman's plea, residing in Rajkot, seeking issuance of Indian passport, after noting that the petitioner was unable to prove Indian citizenship by birth or by descent as required under the Citizenship Act. The court noted that the petitioner had failed to provide proof of registration of her birth at an Indian Consulate within one year of birth...
The Gujarat High Court dismissed a Mozambique-born woman's plea, residing in Rajkot, seeking issuance of Indian passport, after noting that the petitioner was unable to prove Indian citizenship by birth or by descent as required under the Citizenship Act.
The court noted that the petitioner had failed to provide proof of registration of her birth at an Indian Consulate within one year of birth or thereafter with the approval of the Central Government.
Justice Hemant M Prachchhak in his order said:
"The petitioner applied for the passport before the respondent authority. However, the respondent authority raised objections on the ground that the petitioner was born in Mozambique and required her to furnish documents such as cancellation of the emergency certificate, consular registration of birth, or proof of Indian citizenship. Thereafter, the petitioner approached the High Commission of Mozambique and was informed that there is no procedure for cancellation of the emergency certificate and that she is not a citizen of Mozambique.
Upon examination of petitioner's application, the authority found that petitioner does not qualify as an Indian citizen under the proviso to Section 4(1)(b) of the Citizenship Act, 1955, as petitioner failed to provide proof of registration of her birth at an Indian Consulate within one year of birth or thereafter with the approval of the Central Government. The petitioner's passport application was closed and she was directed to produce a certificate of registration or naturalization of Indian citizenship. 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".
The court said that it appeared from the record that previously two passport applications dated 29.09.2023 and 24.03.2025 were closed on the same reasons as petitioner was not able to submit documentary proof of being an Indian Citizen. Further, the court said, petitioner had 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.
"For the foregoing reasons and after hearing learned counsel appearing for both the sides, I am of the opinion that present petition does not deserve to be entertained and the same deserves to be dismissed and the same is hereby dismissed," the court added.
The petitioner was born on 18.02.2000 in Xai-Xai, Mozambique to Indian citizen parents, both of whom hold valid Indian passports and other identity documents issued by the Government of India. Her birth was duly registered with the competent authorities in Mozambique and a birth certificate was issued in her name. Immediately thereafter, Mozambique was struck by a severe flood emergency, owing to which the petitioner, who was only about 18–25 days old, along with her parents, was compelled to return to India on 14.03.2000. An emergency certificate was issued solely to facilitate her return to India.
She said that she never acquired Mozambican citizenship nor has she ever held any foreign passport. Due to the emergency situation, her birth could not be registered with the Indian Consulate in Mozambique within the prescribed period.
Since 14.03.2000, she had been continuously residing in Rajkot, Gujarat and has completed her entire schooling and higher education in India, including obtaining a Master's degree from Saurashtra University. She got married to an Indian citizen on 30.07.2023 in Rajkot, and said marriage was duly registered. Her husband is an Indian citizen holding a valid Indian passport and is presently working in Canada on the basis of a valid work permit.
Thereafter, the petitioner applied for issuance of an Indian passport however, the respondent authorities raised objections on the ground that the petitioner was born in Mozambique and required her to furnish documents such as cancellation of the emergency certificate, consular registration of birth, or proof of Indian citizenship.
The petitioner approached the High Commission of Mozambique and was informed that there is no procedure for cancellation of the emergency certificate and that she is not a citizen of Mozambique. The petitioner thereafter obtained an attested copy of her birth certificate from the High Commission of India in Maputo, Mozambique, which further clarified that registration of birth could not be carried out at this stage as the same was required to be done within one year of birth.
The Petitioner's passport application was closed and she was directed to produce a certificate of registration or naturalization of Indian citizenship. She approached the concerned authorities for issuance of such certificate; however, she was informed that she would be required to produce a valid foreign passport.
She said that she did not possess any foreign passport, as she has never acquired citizenship of any foreign country. Despite these facts, the respondent authorities have failed to process and grant the petitioner an Indian passport. Thus she approached the high court.
While the court dismissed the petition, it said that it was open for the petitioner to make online/off-line application for citizenship before the concerned authority, which shall decide the same in accordance with law.
Case title: DOLLY KHILANKUMAR VADALIA NEE DOLLY KETAN BARAI v/s UNION OF INDIA & ORS.
R/SPECIAL CIVIL APPLICATION NO. 9457 of 2025