Give Tibetans Indian Passport: Court Orders Not To Question Nationality

The Delhi high court on Thursday ordered the Ministry of External Affairs to treat all the Tibetans who meets the criteria of being Indian citizens by birth as Indians. The court also directed the ministry to issue Tibetans Indian Passport when they come under the criteria of considering a citizen of India by birth as per the Citizenship Act and it informed that there is no question of nationality.

“The judgement came in response to three separate writs, filed by Phuntsok Wangyal, Lobsang Wangyal, and Tenzin Dhonden. All three Tibetans had been told to apply for, and receive, a citizenship certificate from the Ministry of Home Affairs before they could acquire a passport, despite all of them owning other proofs of their Indian citizenship like a Voter identification card.” said the report in Tibet Sun.

Three Tibetans who filed for court judgement were denied of passports on the ground that prior to it, he has to apply for Indian citizenship under the Indian Citizenship Act. Despite having all other proof of Indian citizenship like the voter identification card, they have been ordered for additional verification.

Basis Of Giving Tibetans Indian passport

The ground of denial has been challenged by the Tibetans as it was not sustainable to those born between January 26, 1950 and July 1, 1987 to Tibetan parents settled in India would automatically be treated as Indian citizens by birth according to Section 3 (1) (a) of the Citizenship Act.

The high court after collecting the three writs filed separately by three Tibetans, made the judgement in favour of the Tibetans. The court also directed the Ministry of Home Affairs to consider the application of all Tibetans for passports. They also ordered not to ask them to certify their nationality!

“The High Court also quashed a letter written by the Ministry of Home Affairs to the Election Commission whereby the Ministry of Home Affairs stated that all Tibetans irrespective of their date of birth could not be presumed to be Indian.” added the report in Tibet Sun.

Yeshi Paljor

Editor at Tibetan Journal, Yeshi Paljor is a computer engineer by profession.

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