India: Information on whether a child born to an Indian woman outside of India can acquire Indian citizenship
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 December 1993 |
| Citation / Document Symbol | IND15915.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, India: Information on whether a child born to an Indian woman outside of India can acquire Indian citizenship, 1 December 1993, IND15915.E, available at: https://www.refworld.org/docid/3ae6ac3910.html [accessed 30 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Subsection 4.(1) of the 30 December 1955 Citizenship Act of India stipulates that "a person born outside India on or after 26th January, 1950, shall be a citizen of India only if his father is a citizen of India at the time of his birth" (Sinha 1962, 248). According to a representative of the High Commission of India in Ottawa, subsection 4.(1) is still in force (1 Dec. 1993). However, subsection 5. (1)(d) stipulates that "minor children of persons who are citizens of India" may register as citizens of India (ibid.). Please find attached a copy of the above-mentioned citizenship law.
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
High Commission of India, Ottawa. 1 December 1993. Telephone interview with a representative.
Sinha, A. N. 1962. Law of Citizenship and Aliens in India. London: Asia Publishing House.
Attachment
Sinha, A. N. 1962. Law of Citizenship and Aliens in India. London: Asia Publishing House.
