Can Ugandan woman residing in India for 56 years claim Indian Citizenship? Bombay High Court seeks Centre's response
Popat claimed to have been born on September 6, 1955, in Uganda, East Africa, and had come to India on her mother’s Indian passport in 1966, when she was ten years old. Thereafter, she got married to an Indian Citizen, Jatin Popat in 1977, and applied for an Indian Passport in 1997, 2008, and 2012, when she was advised to first register herself as an Indian citizen.
The Bombay High Court on Friday has sought the Centre’s response in the plea of a Ugandan Woman residing in Andheri West, Mumbai for 56 years seeking citizenship.
A division bench of Justice Sanjay Gangapurwala and Justice Shriram Modak was hearing a plea moved by a 66-year-old Indian-origin woman, Ila Popat seeking citizenship, to quash and set aside a December 31, 2019 order given by the collector (suburbs) that rejected her citizenship.
Popat’s plea stated that on receiving the collector’s order she was in a state of depression.
The Collector (suburbs) while rejecting Popat’s application for citizenship had stated “You are a stateless national by birth. You do have not a valid passport or visa. Therefore, you are not filling the condition of the Indian Citizenship Act, 1955.”
Plea further stated that although Popat had virtually spent her life in India and her husband, children, and grandchildren all are Indian citizens, she was unable to secure citizenship.
Her plea further mentioned that right after her marriage she became eligible for Indian citizenship, as the Citizenship Act states that a person must ordinarily be a resident of India for 7 years.
“Popat has been residing in India since 1966. Consequently, she qualifies for Citizenship of India,” the plea added.
Counsel for the Centre argued that Popat had been staying in the country without a valid visa since 1966 and must follow the procedure after which her citizenship application could be considered.
It was further argued that the British High Commission rejected her application for citizenship as she didn’t have documents.
Furthermore, it was contended that Popat should have approached the Ugandan embassy, as she has to have a valid visa.
The matter has been listed for hearing on August 22, 2022.
[Source: TOI]