Delhi High Court reaffirms passport right of Tibetan citizens of India

The Delhi High Court has on Feb 3 upheld its series of previous decisions since 2010, saying Tibetans born in India on or after Jan 26, 1950, and before Jul 1, 1987, are citizens by birth under the country’s citizenship law. Crucially, it has rejected the contention of the Ministry of External Affairs (MEA) that once registered as a “Tibetan Refugee” and issued with an identity Certificate (IC), such a Tibetan should be considered to have voluntarily renounced their Indian citizenship.

IC is the travel document issued by the government of India to Tibetans registered as foreigners. But it is not universally recognized by immigration authorities at international airports, with even those with visas issued on them being sometimes turned back.

The High Court has also rejected the MEA’s submission that it was “under process” to challenge a bunch of orders pertaining to “Tibetan Refugees”, where the Delhi HC had ruled in favour of them, declaring them as Indian nationals, dating back to 2010.

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