Kochi: The Kerala High Court has made it clear — people born in Pakistan cannot get Indian citizenship unless they officially renounce their Pakistani nationality.
What the Kerala High Court Said
A division bench of Justices Sushrut Arvind Dharmadhikari and VM Syam Kumar struck down a single-judge order that had asked the Union government to grant citizenship to two sisters from Thalassery in Kannur.
The Union government challenged that order, saying the law requires a renunciation certificate from Pakistan. The High Court backed the Centre and said the certificate is mandatory and no other document can replace it.
“The Citizenship Act, 1955, does not recognise dual citizenship,” the judges explained. “India can recognise a person as a citizen only if no other country makes a competing claim.”
Background of the Case
The story began in 2008 when the sisters’ father, Muhamed Maroof, came back to India from Pakistan with government approval.
Maroof, born in Kottayam-Malabar village of Kannur, had moved to Pakistan in 1977 with his grandmother. Later, he worked in the UAE before shifting his family to Thalassery.
His daughters, who were born in Pakistan, eventually joined him in Kerala and applied for Indian citizenship. https://nayakgrowth.com/category/leatest-news/
The Sisters’ Argument
The sisters produced a “No Objection Certificate” (NOC) from the Pakistan High Commission instead of the required renunciation certificate.
They argued that Pakistan’s law allows renunciation only after the age of 21. By then, they had already surrendered their Pakistani passports.
Why the Petition Failed
The High Court rejected their plea. The judges ruled that an NOC does not count as a renunciation certificate and said only Pakistan’s official document satisfies India’s citizenship law.
Without that certificate, the sisters cannot become Indian citizens.
FAQ on Kerala HC Citizenship Case
1. Can Indians hold dual citizenship?
No. The Citizenship Act, 1955 allows only single citizenship. Anyone applying for Indian citizenship must give up their previous nationality.
2. What is a renunciation certificate?
It is an official document that confirms a person has given up their old nationality.
3. Why did the Kerala High Court reject the sisters’ plea?
The court ruled that an NOC from Pakistan was not enough. Only a renunciation certificate proves the person has legally given up Pakistani citizenship.
4. How can Pakistani citizens apply for Indian citizenship?
They must apply through India’s Ministry of Home Affairs and submit a renunciation certificate from Pakistan along with other required documents.
5. Does surrendering a Pakistani passport end citizenship?
No. Surrendering a passport is not the same as renouncing citizenship. Official renunciation papers are still necessary.