The Madras High Court on Wednesday ruled that even if parents renounce their Indian citizenship and opt for citizenship of another country, their unborn child at the time of renunciation is entitled to claim Indian citizenship. Justice Anita Sumanth delivered the verdict while allowing a writ petition by 22-year-old Pranav Srinivasan, seeking Indian citizenship. He sought quashing of the Union Home Ministry’s order dated 30 April 2019, which had dismissed his petition.
In fact, the parents of petitioner Pranab Srinivasan, though originally Indian citizens, renounced their citizenship and took Singapore citizenship in December 1998. The petitioner was at that time in the womb of his mother as a fetus of seven and a half months. Pranav was born on 1 March 1999 in Singapore and got citizenship on the basis of birth there.
Pranav on 5 May 2017 before the Indian Consulate in Singapore seeking the restoration of his Indian citizenship. According to the petitioner, he ceased to be an Indian citizen as his parents became citizens of Singapore on December 19, 1998, though he was still in the womb of his mother. Pranav argued that because both his parents and grandparents were citizens of India by birth and his grandparents are still Indian citizens.
Allowing Pranav’s plea, the judge observed that on December 19, 1998 (the day he took Singaporean citizenship), the petitioner, who was seven and a half months old as a fetus, had certainly acquired the status of a child. In this case he can get Indian citizenship of his parents. Thus the protection/right available under section 8(2) for restoration of citizenship cannot be denied.
“The order attempting to deny such position to the petitioner is in my view clear language and contrary to the express intent of section 8(2),” the judge said. Set aside the rejection order of the Union Ministry. The judge said that the petitioner is entitled to reinstatement of citizenship and will be issued a citizenship document within four weeks.