Delhi HC rules that Tibetans born between 1950-87 in India are Indian citizens

The Delhi high court on Thursday ruled that the nationality of Tibetans born in India between 1950 to 1987 cannot be questioned under the Citizenship Act.

Tibetans born in India will not need to run from pillar-to-post to legally procure an Indian passport.

Tibetan exile students protest outside the Chinese Embassy on 57th Tibetan National Uprising Day in New Delhi, on March 10, 2016.(Ravi Choudhury/HT Photo)

In a landmark judgment, the Delhi high court on Thursday ruled that the nationality of Tibetans born in India between 1950 to 1987 cannot be questioned under the Citizenship Act. It ordered the home ministry to treat all Tibetans who meet the criteria of being Indian citizens by birth, as Indians and to issue them Indian passports.

Justice Sanjeev Sachdeva rejected the argument raised by the ministry of home affairs that granting of Indian passport to Tibetans living in India will be done on a case-by-case basis.

The judgment came in response to petitions filed by three Tibetan born in India -- Lobsang Wangyal (1970), Lobsang Wangyal (1977) and Tenzin Dhonden (1992).

Advocate Giriraj Subramanium, appearing for two of the petitioners, said his clients were denied passport despite owning other proofs of their Indian citizenship like a voter identification card.

Subramanium also said that a person born after 1987 but before the amendment to the Citizenship Act in 2003, is entitled to Indian citizenship if either one of the parents has Indian citizenship.