The Gujarat High Court has denied relief to a woman born in Mozambique to Indian parents, who sought an Indian passport to join her NRI husband in Canada. The court dismissed the petition filed by Dolly Vadaliya, a resident of Rajkot, who had requested directives to passport authorities to issue her an Indian passport without requiring proof of citizenship through registration or naturalisation.
Case Background
Vadaliya was born on February 18, 2000, in Xai-Xai, Mozambique, to parents who are Indian citizens. Due to severe floods in Mozambique shortly after her birth, her family was forced to return to India on March 14, 2000, using an emergency certificate. She argued that she never acquired Mozambican citizenship, never held a foreign passport, and has lived continuously in Rajkot since infancy. She also submitted Indian educational records, Aadhaar, PAN, voter ID, and a driving licence. Moreover, she is married to an Indian citizen who is in Canada on a work permit.
Passport Applications Rejected
Her passport applications were rejected twice earlier. On her third application, passport authorities raised the same objection: she could not furnish documentary proof of Indian citizenship, including a certificate of registration or naturalisation. While passport authorities demanded a certificate of Indian citizenship, the district collector—the competent authority for issuing such a certificate—insisted that she first surrender her foreign passport.
Vadaliya approached the High Court, where the Centre opposed the plea, arguing that a passport can be issued only to an Indian citizen and that the petitioner had not satisfied the requirements for citizenship by descent. It was submitted that her birth in Mozambique was not registered at an Indian Consulate within one year, or later with Central government approval, as required under Section 4(1)(b) of the Citizenship Act and the Citizenship Rules, 2009.
Court's Ruling
After hearing the case and perusing the documents, Justice H M Prachchhak stated: "It also appears from the record that the parents of the petitioner had not followed the procedure to acquire Indian citizenship by descent for the petitioner when the petitioner was born… Further, the petitioner has failed to prove Indian citizenship as she is not an Indian citizen by birth or by descent as per provision of Section 3 and 4 of the Citizenship Act, 1955."
While dismissing the petition, the HC permitted Vadaliya to apply again for a passport online or offline and directed the passport authorities to decide the application in accordance with law.
