Not An Illegal Migrant, Can't Be Left Stateless: Bombay HC Asks Authorities To Decide Citizenship Plea Of Woman Living In India For 60 Yrs

The Bombay High Court recently ordered the Deputy Collector of Mumbai to decide an application filed by a septuagenarian 'Stateless' woman, who has sought Indian Citizenship after spending 60 years in the country. 

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale noted that the petitioner Ila Popat–born in September 1955–had entered India along with her Ugandan-national parents when she was 10 years old on February 15, 1966. However, her parents subsequently died and since then, she has stayed in India and had  settled here by marrying an Indian man from whom, she has two children.

The authorities, on her plea for Indian Citizenship, termed her to be an 'illegal migrant' and refused to confer Indian citizenship on her.

"Admittedly, the Petitioner is not an 'illegal migrant'. She has entered India as a minor, on valid documents of her mother and hence, her stay in India is not illegal. Ideally, she ought to have taken steps to regularise her continued stay in India. Be that as it may, in the absence of any illegal act committed by her; her husband and children holding valid Indian passport; she herself now being a senior citizen having resided in India for the past 60 years, she cannot be rendered Stateless," the bench said in the order passed on April 3. 

In her plea, through advocate Sumedh Ruikar, Popat pointed out that she had applied for Indian passport initially on April 3, 1997. The authorities, however, asked her to furnish travel documents to verify as to how she entered India and therefore, she submitted her mother's passport. There was no response from the Authorities. Thereafter, on May 14, 2008, she once again applied for an Indian passport and was again required to submit her travel documents and once again there was no response.

A third Application was made on May 17, 2012, to which the authorities advised the Petitioner to first register herself as an Indian Citizen, without which her request for passport will not be considered.

"Thus, she made an online Application on March 15, 2019 to the Authorities concerned seeking Indian Citizenship. She also submitted the necessary documents in support of her Application. However, by the impugned order, the Authorities disposed off her Application holding that she was a Stateless national and had mentioned incorrect details regarding validity of her visa," her counsel submitted. 

Agreeing with the submission, the bench opined that Popat could not be termed to be either an 'illegal migrant' or a 'Stateless' person. 

"Therefore, we remit the matter back to the Deputy Collector (GEN), Mumbai Suburban District to consider the Petitioner's Application for Citizenship afresh in accordance with law. The Authority concerned is requested to decide the said matter within a period of three weeks, uninfluenced by the impugned order passed on December 31, 2019," the judges ordered. 

The bench has adjourned the hearing in the matter till April 20, for reporting compliance. 

Appearance:

Advocates Sumedh Ruikar, Aditya Chitale, Prathamesh Bhosale and Prashant Shetty instructed by MNSQ Legal appeared for the Petitioner.

Advocate Ajinkya Jaibhye represented 

Government Pleader Poornima Kantharia represented the Collector.

Case Title: Ila Popat vs Union of India (Writ Petition 3434 of 2022)

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