Delhi HC issues notice to Centre on plea seeking issuance of OCI card to adopted minor girl
Apr 25, 2022
New Delhi [India], April 25 : The Delhi High Court on Monday issued notice to the central government on a plea moved by a minor girl seeking the issuance of an Overseas Citizen of India (OCI) card.
The petitioner is the adopted daughter of Indian parents who are Singapore citizens and OCI cardholders.
Justice Yashwant Varma issued notice to the central government on the petition. Counsel for the centre sought time to take instruction on the petition. The bench granted four weeks time to counsel to take instructions and listed the matter in the next month.
The petitioner has moved a petition through Advocate Fabin Mathew Varghese, Advocate Munavvar Naseem and Dhiraj Philip. The petition stated that the petitioner had moved an application for grant of OCI card in May 2021 which was pending for the last ten months.
Petitioner's counsel Fabin Mathew Varghese argued that the petitioner and her parents applied for a grant of OCI card in May 2021. Parents were granted OCI cards in June 2021.
The petitioner's application is pending for the last ten months which is a violation of Rule 32 of the Citizenship Rules, 2009 stipulating registration of a person as an OCI cardholder as soon as possible but not later than thirty days.
The petition has stated that, on March 14, 2022, the petitioner's father received a communication from the authorities asking the petitioner to apply for a grant of OCI card again with the requisite fee. No information was provided about the previous application.
The respondent further informed the petitioner that no timeline can be prescribed to consider the petitioner's OCI application.
Petitioner's grandparents and extended family live in India and an OCI card would enable her to enter India and enjoy rights conferred under the Act. Her adoptive parents and elder sister have been granted OCI cards.
The petitioner was born in Malaysia in May 2010. She was adopted by an Indian couple in March 2011. After that, she was granted an Indian Passport after surrendering the Malaysian Passport. In May 2021 the petitioner along with her parents had surrendered her India Passport on acquiring citizenship in Singapore.
