In a unique case the Hon’ble Justice Vibhu Bakhru of Delhi High Court created an history of reversing of brain-drain from America to India. A girl born in USA from Indian citizen and becoming automatically a citizen of USA as per their law. She opted on attaining majority to become an Indian citizen and renouncing her USA citizenship. The Indian consulate in USA were not prepared to receive such an application as according to them it is a first case where an Indian origin born in USA seeking Indian citizenship.
Even after a prolonged procedure the Indian consulate were not able to come to any decision therefore the girl knocked the door of Hon’ble High Court of Delhi by way of writ petition seeking her right to be a citizen of India u/s 8(2) and u/s 4 of Citizenship Act.
Hon’ble Mr. Justice Vibhu Bakhru passed landmark ruling on Citizenship Act by observing that Minor born outside India on becoming Major have right to elect to become a citizen of India u/s 4 as well as section 8 of the Indian Citizenship Act.
In the facts of this case, the Petitioner, a USA Passport Holder was  born outside India and at the time of her birth, both her parents were Indian Citizens. The parents subsequently renounced Indian Citizenship in the year 2012.
The Petitioner who is sports Athlete, wanted to represent India at the Olympics and other sports events. On becoming Full Age of 18 years, the Petitioner claimed Indian Citizenship on the premise that since  both her parents were Indian Citizen at the time of her birth, she is entitled to Indian Citizenship. The Petitioner also stated that she will renounce her USA Passport on gaining Indian Citizenship.
The USA Consulate  failed to dispose the application for resumption of Indian Citizenship.
Accordingly, the Petitioner filed writ petition u/s 226 of Constitution interalia praying for early disposal of her citizenship application and grant of Indian Citizenship.
Vinayak Srivastava, Advocates appearing on behalf of the Petitioner submitted that the Petitioner is eligible for resumption of her Indian Citizenship under section 8 (2) as well as Section 4 of the Citizenship Act since the Petitioner has filled application for resumption of Indian Citizenship within the period of six months after attaining the full age of majority.
The Hon’ble Delhi High Court while accepting the plea of Petitioner observed that provisions of Section 4 of the Citizenship Act, Section 8 (2) of the Citizenship Act enables a minor who has ceased to be a citizen of India on account of his/her parents renouncing Indian citizenship, to resume citizenship of this country by electing to do so within a period of one year after attaining the full age of majority.
Since in the present case, the Petitioner has filed application for resumption of Indian Citizenship within the period of six months after attaining the full age of majority, therefore, the petitioner would have the right to elect to become a citizen of this country.
The Hon’ble Delhi High Court while allowing the Petition, directed the Respondents to dispose the application for resumption of Indian Citizenship within six weeks.
Read Order:
[embeddoc url=”https://legaldesire.com/wp-content/uploads/2018/11/ORDER-TARA.pdf” download=”all”]
