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Madras HC Held Foetus Can Be Considered Minor Child While Granting Indian Citizenship

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MADARAS HC LAW INSIDER

Paridhi Arya

Published on May 20, 2022 at 16:26 IST

A Bench of Madras High Court led by Justice Anita Sumanth held that foetus of seven and a half month will be considered a minor child in case of resuming the Indian Citizenship.

Pranav Srinivasan had filed a Case, seeking to resume his Indian Citizenship. In 1998, when Pranav was seven and half month-old foetus in his mother’s womb. At that time his parents renounced their Indian Citizenship and obtained Singapore Citizenship.

He was born in Singapore so accordingly he became the Citizen of Singapore due to birth place.

The minor child whose Indian Citizenship is ceased can reclaim it within a year of becoming 18 years old under Section 8(2) of Citizenship Act.

In 2017, Pranav applied for Indian Citizenship when he turned 18 years old before Indian Consulate of Singapore but Home Affairs Ministry rejected his application and told to apply again under Section 5(1) (f)/(g) of Citizenship Act.

The Court struck down the Order of Ministry of Home Affairs.

The Bench observed “I have devoted anxious study in setting out the discussion as aforesaid and can arrive at no other conclusion except to state that a foetus or embryo, particularly one who was 7 1/2 months on the critical date, that is 19.12.1998, certainly has acquired the status of a child.”

“With this status, he obtains his parents’ citizenship, i.e., Indian citizenship, which they renounced on the aforementioned date. As a result, he cannot be denied the protection/entitlement provided by Section 8(2) for resumption of citizenship.”

Many judgements of Indian and Foreign Courts along with UN Conventions has been cited by the Bench to explain the circumstances.

Pranav was directed to collect documents of Citizenship within four weeks of Issuance of Order.