Delhi HC Says Indian Origin Girl Who Renounces U.S. Citizenship Eligible For Indian Citizenship

The Delhi High Court has asked the Indian government to decide with six weeks a plea by a U.S. girl of Indian origin who wants to become an Indian citizen after renouncing her U.S. citizenship.

Justice VIbhu Bhakru, before whom the petition came up said that if the girl’s request is denied, the government must inform her of the rejection details in writing, law news portal Indialegallive.com reported.

The girl, who is of Indian origin but is an American citizen by birth, had filed a case to become Indian citizen. At the time of her birth, her parents were Indian citizens living in the U.S. but later became naturalized U.S. citizens. On reaching 18 years of age in February this year, the girl, who is an athlete with several medals, decided to become Indian citizen by renouncing her U.S. citizenship. The Indian consulate, however, declined her request, the portal reported.

Justice Bhakru noted that “citizenship was not a matter of discretion of authority,” and said that petitioner has to surrender her U.S. passport and apply for Indian citizenship.

The judge said that since the petitioner has decided to renounce her U.S. citizenship, she is entitled to get citizenship under Section 4(1) in the Citizenship Act, 1955 which states that, “a person who was born outside India shall be a citizen of India by descent. Besides, in the present case, Section 4 the section 8 of the Citizenship Act 1955 is also applicable and upon attaining the age of majority in February this year, the petitioner who is renouncing the citizenship of U.S. she shall be entitled to get one of this country,” the court said, as per the portal.