India: Information on the citizenship rights of a child born in Sri Lanka in 1990 of a father who is an Indian national and a mother who is a national of Sri Lanka, and on the procedures to acquire Indian nationality for children born outside India
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 November 1994 |
| Citation / Document Symbol | IND18871.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, India: Information on the citizenship rights of a child born in Sri Lanka in 1990 of a father who is an Indian national and a mother who is a national of Sri Lanka, and on the procedures to acquire Indian nationality for children born outside India, 1 November 1994, IND18871.E, available at: https://www.refworld.org/docid/3ae6ace08.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. |
Section 4 of the 1955 Citizenship Act of India, as amended to 1986, provides the conditions for citizenship by descent. According to this section, a child born outside India on or after the date the Indian constitution came into force (26 January 1950) shall be a citizen by descent if his or her father is a citizen of India at the time of the child's birth, provided that:
if the father of such a person was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section, unless- (a) his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or (b) his father is, at the time of his birth, in service under the Government of India (Dewan 1989).
A 2 December 1992 BBC Summary report indicates that the Indian Parliament adopted the Citizenship Amendment Bill of 1992, which sought to eliminate gender discrimination against women with respect to the citizenship of their offspring. According to the report, the bill provides that a child born outside of India shall become a citizen of India if either parent is an Indian citizen at the time of the child's birth (ibid.). Prior to this amendment, a child born outside of India would have been a citizen only if the father was an Indian citizen (ibid.).
According to an official of the high commission for India in Ottawa, a child born outside India to at least one Indian parent would be entitled to Indian citizenship (1 Nov. 1994). The source indicated that the parents would be required to provide a medical certificate stating their names, from the hospital or doctor attending the child's birth. The child's parents would be required to visit the nearest Indian embassy or consulate and could either have the child's name entered in the passport of the parent who is an Indian national, or obtain a separate passport for the child. At the age of 18, the child must obtain his or her own passport. According to the source, there are no limitations on the length of time the child may remain in another country and still retain Indian citizenship. The official also mentioned that Indian citizenship law precludes dual citizenship (ibid.).
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
BBC Summary of World Broadcasts. 2 December 1992. "Parliament Adopts Citizenship Amendment Bill 1992." (NEXIS)
Dewan, V.K. 1989. Law of Citizenship, Foreigners and Passports. 2nd ed. New Delhi: Orient Low House. (UNHCR)/REFLEG)
High Commission for the Republic of India, Ottawa. 1 November 1994. Telephone interview with representative.
Attachments
Agrawala, S.K. and M. Koteswara Rao. 1990. "Nationality and International Law in Indian Perspective," Nationality and International Law in Asian Perspective. Edited by Ko Swan Sik. Dordrecht: Martinus Nijhoff Publishers, pp. 65-118.
BBC Summary of World Broadcasts. 2 December 1992. "Parliament Adopts Citizenship Amendment Bill." (NEXIS)
Bakshi, P.M. September 1994. "India," Constitutions of the Countries of the World. Edited by Albert P. Blaustein and Gisbert H. Flanz. Dobbs Ferry, NY: Oceana Publications, pp. 28-30.
Dewan, V.K. 1989. Law of Citizenship, Foreigners and Passports. 2nd ed. New Delhi: Orient Low House. (UNHCR)/REFLEG)
Immigration and Nationality Law and Practice [Croydon, Surrey]. July 1991. Vol. 5, No. 3. Werner F. Menski. "Recent Changes in the Citizenship Law of India," pp. 83-87.
Jadot, Patricia. 1983. "Inde," Juris-Classeur Nationalité. Edited by Michel J. Verwilghen and Charles L. Closset. Paris: Editions Techniques, pp. 1-15.
