Born in India, still stateless? SC to examine citizenship law
New Delhi, Jan. 12 -- The Supreme Court has agreed to examine whether India's citizenship law can be interpreted liberally to ease the path to citizenship for children born in India to foreign nationals, including whether such children can be treated as "persons of Indian origin" (PIO) or otherwise granted citizenship by registration.
A bench of justices JB Pardiwala and KV Viswanathan issued notice to the Union government on a petition filed by an 18-year-old girl born and raised in Andhra Pradesh to parents who were Overseas Citizens of India (OCI) cardholders at the time of her birth but later acquired United States citizenship. The matter will be heard next on January 30, 2026.
The petitioner, Rachita Francis Xavier, was born in 2006 in Andhra Pradesh. Her parents were originally Indian citizens but later became US citizens -- her father in 2001 and her mother in 2005. At the time of Rachita's birth, both parents were lawfully residing in India as OCI cardholders.
India's citizenship framework draws sharp distinctions based on date of birth and parental citizenship. While those born in India before July 1, 1987 are citizens by birth, children born after December 3, 2004 acquire citizenship only if at least one parent is an Indian citizen. As a result, despite being born and educated entirely in India, Rachita was not recognised as an Indian citizen because her parents were foreign nationals at the time of her birth....
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