Birth in India before 1 July 1987 confers citizenship under Section 3.

The petitioner sought a passport, relying on a birth certificate recording that she was born on 3 May 1972 at Patlikuhl, Manali, Himachal Pradesh.

Her application was declined on the basis of a Police Verification Report (PVR) describing her as a Nepali national.

The State also relied on a Sub-Divisional Magistrate’s communication reporting that the petitioner and her son were permanent residents of Nepal, while an earlier police verification recorded them as Indian citizens and residents of Patlikuhl.

The petitioner filed a writ petition seeking correction of the PVR and consideration of her passport application.

1. Whether the petitioner, whose recorded date and place of birth were 3 May 1972 in India, was entitled to be treated as an Indian citizen by birth under Section 3 of the Citizenship Act, 1955.

2. Whether the State was required to issue a fresh PVR, in light of the conflicting verification reports, before the passport authorities considered the petitioner’s application.

Section 3(1)(a) of the Citizenship Act, 1955 provides that a person born in India on or after 26 January 1950 but before 1 July 1987 is a citizen by birth, subject to the exceptions in Section 3(2), including specified cases involving a parent with diplomatic immunity or an enemy alien.

Applying this provision, the Court treated the petitioner’s recorded birth in India in 1972 as establishing citizenship by birth; it directed the State to issue a fresh PVR taking Section 3 into account.

The birth certificate issued by the Registrar of Births and Deaths recorded the petitioner’s birth in Patlikuhl, Himachal Pradesh, on 3 May 1972.

Because that date fell within the period covered by Section 3(1)(a), the Court concluded that she could be treated as an Indian citizen by birth.

The verification material was inconsistent: one report described the petitioner and her son as Indian residents, while another reported them as Nepalese nationals.

The Court did not fault the passport authorities for refusing the application on the basis of the existing PVR, but held that the State should provide a fresh report addressing citizenship under Section 3.

The State was directed to issue, within two weeks, a fresh police verification report concerning the petitioner’s character and residence, specifically taking note of Section 3 of the Citizenship Act, 1955.

The passport authorities were then to consider her application in light of that report; the Court did not itself direct issuance of a passport.