Delhi HC said Tibetans born in India didn't need to prove their Indian citizenship for passports.
The Delhi High Court Thursday said that nationality of Tibetans, born in India between 1950 and 1987, cannot be questioned under the Citizenship Act and directed the government to issue passports to all Tibetans who meet the criteria of being Indian citizens by birth.
Justice Sanjeev Sachdeva held that the question of nationality does not arise in cases where a person is considered a citizen of India as per the Citizenship Act.
Earlier the union Home Ministry had argued that it considers requests for citizenship by Tibetans residing in India on a case-by-case basis. The court rejected the argument and directed both the Home and the External Affairs Ministries to consider applications of all Tibetans and not ask them to certify their nationality.
The court was hearing a petition by three Tibetans born in India - Lobsang Wangyal born in 1970, Lobsand Wangyal born in 1977 and Tenzin Dhouden born in 1992 - who were asked to apply for, and receive, a citizenship certificate from the Ministry of Home Affairs before they could acquire a passport.
Advocate Giriraj Subramaniam, representing the Mr Wangyal and Mr Dhouden, said his clients were wrongly denied passports despite having other proofs of their citizenship including voter identification cards. He also said that a persona born after 1987, but before the Citizenship Act was amended in 2003, was entitled to Indian citizenship if any one of his or her parents were Indian citizens.