Tenzin Nyidon
DHARAMSHALA, Feb. 6: The Delhi High Court on February 2 ruled that an India-born Tibetan woman living as a stateless person in Switzerland is a citizen of India by birth and directed authorities to issue her an Indian passport, rejecting the Ministry of External Affairs’ claim that she had voluntarily renounced Indian citizenship, according to a report by the Indian Express.
The petitioner, Yangchen Drakmargyapon, was born in Dharamshala in 1966 and has been stranded in Switzerland since 2014 without valid travel documents. Following the death of her husband, whose ashes were to be brought to India, she approached the court seeking recognition of her citizenship under Section 3(1)(a) of the Citizenship Act.
Under the Citizenship Act, 1955, citizenship by birth for children of refugees is restrictive. Individuals born in India between January 26, 1950, and July 1, 1987, including children of Tibetan refugees, are automatically considered citizens by birth, even if they hold identity certificates. The Delhi High Court has reasserted this principle, enabling such individuals to obtain Indian passports.
The MEA opposed her plea, arguing that Tibetans registered as refugees and issued Identity Certificates are deemed to have voluntarily renounced Indian citizenship and can only obtain citizenship through naturalisation or registration. It also stated that it is in the process of challenging earlier Delhi High Court rulings, dating back to 2010, that recognised India-born Tibetans as Indian citizens.
Justice Sachin Datta, a sitting Judge of the Delhi High Court, rejected the MEA’s position, holding that Yangchen fully satisfies the statutory requirement for citizenship by birth and that possession of an Identity Certificate does not amount to voluntary renunciation of Indian citizenship. The court noted that renunciation requires a formal declaration under law, which Yangchen had never made, and that her citizenship had not terminated since she had not acquired citizenship of any other country.
The court further clarified that the issuance of a temporary “passport for aliens” by Swiss authorities does not constitute voluntary acquisition of foreign citizenship. Accordingly, the High Court concluded that Yangchen continues to retain Indian citizenship and is entitled to an Indian passport.
