Photo used for indicative purpose only. Source internet
Shimla/New Delhi, Feb 5,
In a significant judgment with implications for hundreds of Tibetan-origin families in Himachal Pradesh, the Delhi High Court has declared a Dharamshala-born woman an Indian citizen by birth and directed authorities to issue her an Indian passport, bringing to an end nearly a decade of legal uncertainty.
Justice Sachin Datta, while allowing the writ petition filed by Yangchen Drakmargyapon, held that the denial of citizenship recognition and travel documents had effectively pushed the petitioner and her children into a condition of statelessness. The court observed that such administrative inaction struck at the very foundation of dignity and freedom of movement.
Born in Dharamshala, Citizen by Law
The petitioner was born on May 15, 1966, in Dharamshala, the headquarters of the Tibetan government-in-exile and home to one of the largest Tibetan refugee settlements in India. Referring to Section 3(1)(a) of the Citizenship Act, 1955, the court clarified that every person born in India between January 26, 1950, and July 1, 1987, is an Indian citizen by birth.
Since her date of birth fell squarely within this statutory window, the court held that her Tibetan parentage was irrelevant to her citizenship status. Even her Identity Certificate recorded Dharamshala as her place of birth, leaving no factual ambiguity.
The court concluded that her citizenship flowed directly from the statute and did not require any discretionary approval from authorities.
Swiss Travel Documents Not Citizenship
The legal complication arose after the petitioner moved to Switzerland in 1997 to join her husband. Swiss authorities issued her and her family “foreigners’ passports”—travel documents meant for non-citizens. When those documents expired in 2014, Swiss authorities declined renewal and advised her to approach Indian authorities for an Indian passport, citing her Indian birth.
However, the Indian Consulate in Geneva allegedly refused her request orally without issuing a written order. Swiss authorities, on the other hand, refused to issue any further document in the absence of written proof that India had formally denied her nationality.
The result was a bureaucratic deadlock that lasted years, leaving the family unable to travel internationally. The petitioner was even unable to visit India to perform the last rites of her deceased husband.
Rejecting the government’s contention, the High Court ruled that Swiss “passports for aliens” were humanitarian travel papers and could not be equated with voluntary acquisition of foreign citizenship under Section 9 of the Citizenship Act. Therefore, her Indian citizenship remained intact.
Wider Impact for Himachal’s Tibetan Community
The ruling carries particular resonance for Himachal Pradesh, especially Dharamshala and surrounding Tibetan settlements. Many Tibetans born in India before July 1, 1987, fall within the same statutory framework of citizenship by birth.
Legal experts say the judgment reinforces an important principle—that citizenship by birth under the 1955 Act is a statutory right and cannot be nullified through administrative hesitation or absence of documentation.
The court’s direction to issue an Indian passport effectively restores not only the petitioner’s legal identity but also her mobility and access to civil rights.
A Human Rights Dimension
Beyond the technical interpretation of the Citizenship Act, the court’s observations underline a broader constitutional concern: that prolonged denial of nationality recognition can erode fundamental rights, including dignity, family life, and freedom of movement.
For Himachal Pradesh, which has long hosted Tibetan refugees since 1959, the judgment may serve as a reference point for similarly placed individuals who were born in India but remain uncertain about their formal status.
The decision signals that statutory citizenship, once conferred by birth under the law, cannot be erased by bureaucratic silence.
About the Author
The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
