In a landmark judgment with significant implications for citizenship rights, the Telangana High Court has quashed overstay fines and passport surrender demands for a three-year-old child holding dual Indian and British passports. The court ruled that executive instructions cannot override statutory citizenship rights during minority.
Court Protects Minor's Citizenship Rights
Justice Nagesh Bheemapaka of the Telangana High Court was hearing a plea filed by the mother of a three-year-old boy against the Ministry of Home Affairs and Foreigners Regional Registration Office. The authorities had deboarded the child in October 2025 while attempting to travel to the United Kingdom, insisting on surrender of his Indian passport and payment of overstay fines for holding both Indian and British passports.
Statutory Protection During Minority
The court emphasized that Section 4(1A) of the Citizenship Act, 1955 expressly protects the citizenship of a minor who is a citizen of India by descent. "During minority, the statutory right of citizenship cannot be curtailed by executive instructions or administrative guidelines," the court observed in its ruling.
Justice Bheemapaka clarified that the requirement of renunciation arises only upon attaining full age. The minor petitioner, born in the United Kingdom in 2022 to an Indian citizen father, had his birth duly registered with the Indian mission and was issued an Indian passport. He also automatically acquired British citizenship by birth.
Key Findings of the Court
The Telangana High Court made several crucial observations in its judgment:
- The statutory right of an Indian citizen by descent cannot be overridden by executive instructions or immigration guidelines until the person becomes a major
- In the absence of any formal adjudication under the Citizenship Act and without any written order declaring cessation of citizenship, insistence on passport surrender and penalty levy cannot be sustained
- The minor entered India on an Indian passport and sought to travel out of India on the same passport, exercising his legitimate rights
- Authorities' actions were arbitrary and unsupported by written orders under the statutory scheme of the Citizenship Act
Legal Arguments Presented
Advocate Jagan Mohan P, counsel for the petitioner, contended that the authorities' actions were wholly arbitrary and contrary to the statutory scheme under the Citizenship Act. The petition challenged the refusal to issue an exit permit for travel to the United Kingdom and the subsequent deboarding of the minor.
The authorities had argued that under existing immigration guidelines, an Indian citizen cannot hold a foreign passport. However, the court found this position unsustainable when applied to minors protected by specific provisions of the Citizenship Act.
Broader Implications of the Ruling
This judgment establishes important precedents regarding:
- The primacy of statutory rights over administrative guidelines in citizenship matters
- Protection of minors' citizenship rights until they reach majority
- Proper adjudication procedures under the Citizenship Act before any citizenship cessation can be declared
- The rights of children born abroad to Indian parents who may acquire citizenship of both countries
The case highlights the complex intersection of immigration guidelines, citizenship laws, and individual rights, particularly concerning minors who may hold citizenship of multiple countries through birth circumstances beyond their control.
