Consider plea of Tibetan descent for passport: HC to Centre

The Delhi High Court today asked the Centre and its instrumentalities to consider a plea for renewal of passport of an India-born journalist of Tibetan descent, saying he has fundamental right to have the document as he has acquired his citizenship by birth.
"The passport is his (petitioner's) fundamental right. He also acquired his citizenship by birth. These are short issues and should be sorted out. He is naturally born in India which is not in dispute (as per the ministry)," Justice Sanjeev Sachdeva said.
Lobsang Wangyal was denied renewal of the passport on the ground that he has to first apply for Indian citizenship under the Indian Citizenship Act.

The court's observation came while hearing a petition by a 46-year-old journalist of Tibetan origin who contended that authorities were not applying the Indian Citizenship Act in his case for procuring for himself the Indian passport.
Wangyal pressed for a direction that despite being a registered voter, his application for an Indian passport was rejected on the ground that though born in India in 1970, he was of Tibetan descent.
Taking note of the issue raised in the petition and also by his counsel Abhay Gupta's contention that he is on the verge of being thrown out of India as he does not have his passport, the court asked the authorities concerned, "How can they deny him (Wangyal) the passport."

It observed that the petitioner already had his passport and it was for renewal.

Wangyal has sought necessary directions to the Regional
Passport Officer (RPO) to consider Tibetan persons who are born in India on or before January 26, 1950, but before July 1, 1987 as Indian citizens by law.
He has submitted that he is currently "stateless" with no nationality or citizenship.
"Petitioner is holding a Yellow Book or Identification Certificate which is treated as a travel document within the meaning of Section 4(2)(b) of the Passport Act, 1967," the plea has said.
India's citizen law, passed in 1955, recognised all persons born in the country after January 26, 1950 as citizens. The law was later amended with the result that those born in the country from July 1, 1987 could no longer claim citizenship by birth unless one of their parents was an Indian citizen.

However, all Tibetans, born in India, irrespective of their date of birth, are required to register themselves as foreigners once they reach the age of 16 years.
The registration gives them a temporary but renewable permit to remain in the country. For overseas travel, they are issued an identity certificate instead of a passport.
The petitioner has said he had made an application for issuance of a passport on August 29, 2014, but it was not accepted by the RPO on the ground that he is a holder of Yellow Book/Identification Certificate.
He was advised to apply for Indian citizenship in order to be eligible for issuance of passport, the plea said.