Case Title: Naromattie Devi Ganpat v. Union of India and others
Case No: [WRIT – C No. – 19866 of 2023
Decided on: 18th January, 2024
CORAM: THE HON’BLE MR. JUSTICE MAHESH CHANDRA TRIPATHI AND HON’BLE MR. JUSTICE PRASHANT KUMAR
Facts of the Case
The petitioner, a U.S. citizen born in Guyana of Indian origin, had acquired immigration documents for her grandparents from the National Archives of Guyana. Despite being married to an Indian citizen, the dissolution of her husband’s first marriage could not be proven, resulting in the rejection of her OCI card and visa conversion application through marriage. Subsequently, she applied for an OCI card based on ancestry, which was also denied due to the absence of a nativity certificate. While struggling to obtain the OCI card, her visa expired, prompting the petitioner to approach the High Court for the grant of an OCI card and the conversion of her visa to an X-1 Entry Visa based on Indian origin or an Indian spouse.
The petitioner’s counsel argued that the nativity certificate was not mandatory under the Citizenship Act of 1955 and the Citizenship Rules of 2009 for registration as an Overseas Citizen of India. They asserted that the petitioner had submitted the necessary documents demonstrating her Indian origin, with her forefathers residing in Uttar Pradesh. They also highlighted the challenge in obtaining the nativity certificate from Nagar Nigam due to the lack of records before 1990.
In contrast, the respondents’ counsel contended that the documents obtained by the petitioner from the Guyana archives were not eligible for OCI card registration under specific sections of the Citizenship Act, emphasizing that special dispensation was granted to descendants of Indian-origin immigrants in certain countries. They argued that since Indian immigrants of Guyana were not included in this category, the petitioner’s application based on Guyana archives could not be accepted. The respondents emphasized the necessity of a nativity certificate issued by the concerned District Magistrate, which the petitioner was urged to provide.
Legal Provisions
Section 7(A) of the Citizenship Act, 1955 lays down for grant of OCI which can be issued to anyone, who is a child or a grandchild or a great grandchild of such a citizen of Indian Origin. Section 18 of the Citizenship Act further obliges the respondents to frame Rules. Accordingly, under Section 18 of the Act, 1955, the Rules, 2009 was framed. Rules 29 to 35 of the Rules, 2009 which is Part VI of the Rules, 2009, lays down registration, renunciation and cancellation of overseas citizenship of India.
Issue
Whether the petitioner’s documentation, obtained from the National Archives of Guyana and Apostilled, was sufficient for the grant of OCI, and whether a nativity certificate was mandatory as per the Citizenship Act of 1955 and its associated rules?
Court’s analysis and decision
The Allahabad High Court has ruled that obtaining a Nativity certificate is not a compulsory requirement according to the Citizenship Act of 1955 and its associated regulations for the approval of Overseas Citizenship of India (OCI) for foreign nationals. In a case involving a foreign national of Indian origin applying for an OCI card, the bench, consisting of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar, emphasized that Section 7(A) of the Citizenship Act permits the issuance of OCI to individuals who are children, grandchildren, or great-grandchildren of Indian origin citizens. Additionally, the court pointed out that Section 18 of the Citizenship Act mandates the formulation of rules, leading to the creation of the 2009 Rules. These rules, specifically Rules 29 to 35 in Part VI, govern the registration, renunciation, and cancellation of overseas citizenship of India. Notably, the court highlighted that Nativity Certificates are not mentioned in these rules, thereby indicating that they are not a prerequisite for the OCI application process.
The court determined that the petitioner was solely required to establish her lineage in accordance with the Citizenship Act for the acquisition of an OCI card. The presentation of a Nativity Certificate, in particular, was not obligatory for verifying her ancestry.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Afshan Ahmad
Click here to read the judgement
