Madras High Court Asks MEA To Reconsider Passport For ‘Stateless’ Woman, Finds ‘Overwhelming Records’ Of Her Birth In India

The Madras High Court has directed the passport authorities to consider an application filed by a “Stateless woman”, born to Sri Lankan parents, seeking an Indian passport.

Justice C Saravanan of the Madurai bench noted that there were overwhelming records available to indicate that the woman was born in India and was issued a Birth Certificate. The court also noted that documents had been produced to show that the woman had completed her schooling in India and had also pursued her undergraduate degree in India. The court thus noted that there was nothing to show that the woman had travelled from Sri Lanka or that she had entered the country illegally.

“Further, the overwhelming records indicate that the petitioner was born in India and has been residing in India. The petitioner has also been issued an Aadhaar Card by the Government of India. There are no records to indicate that the petitioner travelled from Sri Lanka or that she illegally entered India after she was purportedly born in Sri Lanka,” the court said.

The court was dealing with a writ petition filed by Harinaa seeking directions to the authorities to issue a passport to her as per Section 20 of the Passport Act.

It was submitted that Harinaa had earlier approached the court challenging an order by the authorities rejecting her passport application. While disposing the application, the court had noted that Harinaa had made out a case for relief and had permitted her to submit a fresh application. The court had also directed the authorities to consider her application and pass orders as per law.

Following this, Harinaa had applied for fresh travel document in June 2023. The Ministry of External Affairs, however, refused to give a No Objection Certificate and had advised Harinaa to approach the Deputy High Commission of Sri Lanka in Chennai to get a passport to Sri Lanka. This communication by the Minister was also challenged in the present plea.

The Deputy Solicitor General of India contended that Harinaa was neither a citizen of India for entitled to travel documents under Section 20 of the Passport Act.

Harinaa submitted that she was born in India and was not registered as a Sri Lankan citizen or as a National of Sri Lanka. Thus, she submitted that there was no question of obtaining a one-way passport to return to Sri Lanka.

The court considered the materials placed on record and noted that there were overwhelming records available to show that she was born in India. The court also noted that the authorities had not considered the documents while rejecting her application. Thus, the court deemed it fit to remit the matter back to the authorities to reconsider it, after obtaining fresh report from the police.

The court also added that if the application was to be rejected again, all materials and information relied upon by the Ministry of External Affairs should be furnished to Harinaa to enable her to make out her case. The court also directed the authorities to complete the entire exercise expeditiously, within 3 months.

Counsel for the Petitioner: Mr. I. Romeo Roy Alfred