Delhi High Court Declares Tibetan-Origin Woman Born In Dharamshala As Indian Citizen, Directs Issuance Of Passport

The Delhi High Court has declared a Tibetan-origin woman born in Dharamshala in 1966 as an Indian citizen by birth under Section 3(1)(a) of the Citizenship Act, 1955, and directed that she be issued an Indian passport.Justice Sachin Datta allowed the plea filed by one Yangchen Drakmargyapon seeking recognition of her Indian citizenship and a direction for issuance of an Indian passport.The petitioner, a Tibetan refugee by descent, migrated to Switzerland in 1997 to reunite with her husband. The family was earlier issued Swiss “foreigners' passports”, which expired in 2014. Subsequent renewal applications were rejected by Swiss authorities, who insisted that she approach Indian authorities for a national passport, citing her birth in India.Despite repeated representations to the Indian Consulate in Geneva seeking an Indian passport or Identity Certificate, the woman received only oral refusals and no written decision. With Swiss authorities also declining to issue travel documents, she and her children remained effectively stateless and unable to travel, including to India to perform the last rites of her deceased husband. Allowing the plea, the Court noted that the petitioner was of Tibetan descent and was described as a Tibetan refugee, however, she was born in India on 15.05.1966 at Dharamshala, Himachal Pradesh and that the Identity Certificate also recorded her place of birth as Dharamshala, Himachal Pradesh.“Thus, in light of the settled legal position and having due regard to the fact that the petitioner was born on 15.05.1966 at Dharamshala, Himachal Pradesh, within the territory of India and during the period between 26 January 1950 and 1 July 1987, this Court holds that the petitioner is an Indian citizen by birth in terms of Section 3(1)(a) of the Citizenship Act, 1955,” the Court said. It added that the Swiss passport issued to the woman, son and daughter, explicitly describing it as a “passport for aliens”, were issued to non-citizens and were merely travel documents for foreign nationals.“Accordingly, the mere issuance of a “passport for aliens” or a temporary travel document under the Swiss legal framework cannot be equated with voluntary acquisition of foreign citizenship so as to attract the provisions of Section 9 of the Citizenship Act, 1955. The petitioner, therefore, continues to retain her Indian citizenship, unaffected by the issuance of the said travel document,” the Court said. It thus held: “Thus, the petitioner being a citizen of India by birth in terms of Section 3(1)(a) of the Citizenship Act, 1955, is therefore entitled to the issuance of an Indian passport in accordance with law.”Counsel for Petitioner: Mr. Sanjay Vashishtha, Advocate along with Mr. Siddhartha Goswami, Ms. Geetanjali Reddy and Mr. Aditya Sachdeva, AdvocatesCounsel for Respondents: Mr. Mukul Singh, CGSC along with Ms. Ira Singh and Mr. Aryan Dhaka, Advocates for UOITitle: MS. YANGCHEN DRAKMARGYAPON v. UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS & ORSCitation: 2026 LiveLaw (Del) 139Click here to read order

Delhi High Court Declares Tibetan-Origin Woman Born In Dharamshala As Indian Citizen, Directs Issuance Of Passport

Nupur Thapliyal

Tags