Kerala HC Directs Centre To Grant Citizenship To Two Women Who Migrated From Pakistan As Minors, Not Insist On Renunciation Certificate

The Court was considering a plea by petitioners who were unable to obtain a Renunciation Certificate from the Pakistan government since they migrated before attaining 21 years of age as per Pakistan Citizenship Rules. The issue emerged when the Union Government denied them Indian citizenship due to their inability to provide the Renunciation Certificate required under Indian rules.

Justice T R Ravi directed the Government to grant Indian citizenship to petitioners based on the non-objection certificate issued by the Pakistani government and because they had surrendered their Pakistani passports upon migrating to India as minors. The Court deemed these factors sufficient proof of renunciation of Pakistani citizenship and observed thus:

“The requirement for the renunciation certificate can only be treated as a rule of evidence and cannot be treated as a substantive requirement. It is evident that the petitioners do not intend to and cannot also go back to Pakistan as Pakistani nationals, as they had surrendered their Pakistani passports long back when they migrated. The Pakistan High Commission, which is representing the Government of Pakistan, in India, has already issued certificates declaring that the Pakistan High Commission has no objection to the Indian Government granting nationality to the petitioners. I am of the opinion that the aforementioned documents, in the undisputed fact situation, are sufficient to show that the petitioners have renounced their Pakistani citizenship.”

Background Facts

The first petitioner-mother has approached the Kerala High Court seeking a direction to Union Government to grant Indian citizenship to her daughters aged 21 (2^nd petitioner) and 24 (3^rd petitioner), without insisting for Renunciation Certificate to prove renunciation of Pakistani citizenship.

The petitioner submitted that her husband was born in Kannur district in Kerala and that he migrated to Pakistan with his grandmother at the age of nine years. She submitted that her husband was employed in UAE and in 2008 their family moved to India with the permission of the Indian Government.

The petitioner stated that she submitted applications in Form VI as per Rule 8 (1) (a) of the Citizenship Rules, 2009 for registration as Indian Citizens under Section 5 (1)(f) of the Citizenship Act. The petitioner submitted that the government decided to give her daughters Indian citizenship, subject to the production of a Renunciation Certificate issued by the Pakistani Government.

The petitioner stated they were unable to obtain a Renunciation Certificate since her daughters surrendered their Pakistani passports before attaining the age of 21 years. The petitioners also relied upon the No-Objection certificate issued by the Pakistan High Commission.

Court Findings

The Court observed that the Pakistan High Commission had issued a certificate indicating no objection to granting Indian nationality to the petitioners. Additionally, it was noted that the petitioners had surrendered their Pakistani passports while they were minors and would therefore be unable to travel to Pakistan. The Court further noted that the petitioners had not received a Renunciation Certificate because such a certificate could only be issued after they turned 21 years old, in accordance with the Pakistan Citizenship Rules.

The Court observed that petitioners have to apply for citizenship by registration as per Section 5 (1) (f) of the Citizenship Act and Rule 8 of the Citizenship Rules, 2009. The Court noted that as per Rule 8, an applicant for Indian citizenship must give an undertaking of renunciation that he shall renounce their current citizenship if their application is approved. The Court further noted that Rule 8 does not account for cases involving minors who migrated to India with their parents and later applied for citizenship by registration after becoming a major.

In the facts of the case, the Court stated that Rule 8 should not be interpreted strictly to deny citizenship to petitioners. It said, “Where an applicant had migrated before attaining majority, after surrendering his Pakistani passport, but has not attained the age required under the Pakistan law for the issuance of a renunciation certificate, any application filed by such persons can never be processed, going by the strict interpretation of the Rules.”

The Court observed that the petitioners cannot provide a Renunciation Certificate because they surrendered their Pakistani passports as minors during migration and cannot return to Pakistan to claim Pakistani citizenship. Citing the Doctrine of Impossibility and relevant Supreme Court rulings, the Court ruled that the law does not require the performance of the impossible.

Additionally, the Court noted that since the petitioners have obtained a no-objection certificate from the Pakistan High Commission and their Pakistani passports were already surrendered, they cannot be compelled to produce a Renunciation Certificate from the Pakistani government.

Accordingly, the Court allowed the petition and directed the Union Government to issue orders granting the petitioners citizenship without insisting upon Renunciation Certificate.

Counsel for Petitioners: Advocates M.Sasindran, T.S.Bharath Krishna

Counsel for Respondents: Central Government Counsel Mini Gopinath, Government Pleader Sunil Kumar Kuriakose

Citation: 2024 LiveLaw (Ker) 482

Case Title: Rasheeda Bano v Union of India

Case Number: WP(C) NO. 18750 OF 2022

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