Delhi HC orders Indian passport for stateless Tibetan woman, Pg7

Key Highlights:

• The Delhi High Court ruled on February 2, 2026, that a stateless Tibetan woman born in India is entitled to an Indian passport.
• Yangchen Drakmargyapon, born in Dharamshala in 1966, has been living in Switzerland as a stateless person since 2014.
• The court order recognizes her citizenship by birth under the Citizenship Act.
• The Ministry of External Affairs (MEA) had opposed her petition, but the court rejected their arguments.

Detailed Insights:

• Yangchen Drakmargyapon sought the court's direction in 2024 to be granted an Indian passport after being stranded in Switzerland without valid travel documents.
• The court relied on Section 3(1)(a) of the Citizenship Act, which states that individuals born in India between January 26, 1950, and July 1, 1987, are citizens by birth.
• The court also dismissed the MEA's argument that holding an identity certificate as a Tibetan refugee implies voluntary renunciation of Indian citizenship, citing past judicial precedents.
• This ruling could have broader implications for Tibetan refugees born in India within the specified timeframe, potentially allowing them to claim Indian citizenship.

Key Concepts Involved:

• Citizenship Act: The primary law governing citizenship in India, outlining the requirements and procedures for acquiring and losing citizenship.
• Stateless Person: An individual who is not considered a national by any country under the operation of its law.
• Refugee: A person who has been forced to leave their country in order to escape war, persecution, or natural disaster.