Overview of Citizenship Act, 1955 and amendments made there-under:
Indian Parliament enacted the Citizenship Act, 1955 (57 of 1955) and the Citizenship Rules were framed in 1956. The Citizenship Act, 1955 was amended extensively in 2003. Citizenship is a matter dealt with by Ministry of Home Affairs (MHA) in the Government of India (www.mha.gov.in).
As per the Indian Citizenship Act of 1955 (amended in 2003), an individual can obtain Indian citizenship by one or more of the following means:
1. Citizenship by birth: Every person born in India on or after 26.1.1950 but before the commencement of the Citizenship (Amendment) Act, 2003, where both the parents are citizens of India or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of birth, shall be a citizen of India by birth.
2. Citizenship by descent: Every person born outside India shall be a citizen of India by descent if both the parents or either of them is an Indian citizen, not being an illegal migrant, provided his/her birth is registered at an Indian Mission/Post abroad within one year of the birth. After one year period birth, permission of MHA is required.
3. Citizenship by registration: MHA may, on an application made in this behalf, register as a citizen of India any person, not being an illegal migrant, if he/she belongs to any categories viz.,
- A person of Indian origin who is resident in India for 7 years, before making the application;
- A person of Indian origin who is ordinarily resident in any country or place outside undivided India.
- A person who is married to an Indian citizen and is ordinarily resident in India for 7 years before making the application
- Minor children of persons who are citizens of India
- A person of full age and capacity whose parents are registered as Indian citizens under clause 5(a) or 6(1) of the Act.
- A person of full age and capacity who, or either of his parents was earlier citizen of independent India, and has been residing in India, for one year immediately before making the application.
- A person of full age and capacity who has been registered as an Overseas Citizen of India for 5 years, and who has been residing in India for two years before making the application.
4. Citizenship by naturalization: A person of full age and capacity can apply to MHA for citizenship by naturalization, in the prescribed form, under the provisions of Third Schedule to the Act.
Registration of Birth & Issue of Passport to new born child
As per the provisions of Section 4(1) of the Citizenship Act, 1955 – Birth of every child born abroad should be registered with the Consulate, within one year from the date of birth of the child. Only after registration of birth as Indian citizen, the child becomes citizen of India and eligible for Passport or any other services rendered to Indian citizens.
Further Section 3 of the Citizenship Rules, 2009 provides that – A person may submit an application for registration of birth of his/her minor child born outside India in terms of sub-section (1) of section 4 in Form-I to the Indian Consulate in the country, where such child was born, together with a declaration that child does not hold the Passport of any other Country.
Ministry of Home Affairs (MHA), Government of India who administers the matters related to citizenship made it mandatory for online Registration of Birth of all the child born abroad. The detailed instructions can be seen at: http://indiancitizenshiponline.nic.in/Ic_GeneralInstruction_4_1.pdf
Accordingly, every birth of the child, born in Paraguay should be registered with the Embassy of India, Asuncion within a period of one year. The application is to be first submitted online at either of the following link: https://indiancitizenshiponline.nic.in/
(Click the last bullet point *Registration of birth of a minor child at an Indian consulate under section 4(1) of the citizenship act, 1955)
Follow the instructions carefully as provided on the website and complete the procedure for submission of application online. At the end after Final Submission of application to Ministry / MHA, the complete form will be shown with the Photograph of child & signature of Parent. Take print out the completed application having MHA File Number. Keep one copy of this application with you for the future reference.
Documents to be submitted for Birth Registration & Passport for new born baby:
- Original documents to be shown while submission of Passport Application for minor child.
- In case one of the parent of child is non-Indian, leave the column in the online application seeking Mother’s/Father’s details regarding Indian citizenship i.e., Citizen of India by; Citizen of India by Section; Certificate No.; & Certificate No.
- At least one of the Parent’s passports must be having the spouse name, showing mother/father name of the child.