Originally Posted by
smcgrath12
Now, as far as Indian passport goes, Indian govt will not issue unless you testify under oath that you do not hold any other passport. What people forget to appreciate is, PASSPORT DOES NOT EQUAL CITIZENSHIP. Just because you cannot hold Indian passport, DOES NOT MEAN that you cease to be an Indian citizen. (I am sorry if I missed that in the 6 pages somewhere).
So in my book, this issue is ripe for a court challenge in India when dual child citizens (where foreign citizenship is acquired involuntarily) are denied Indian passport while holding another country's passport. The issue is clear after 18. It is the first 18 years that needs to be challenged in court. Practically, unless someone is willing to bell the cat, Indian govt will keep denying legitimate Indian citizens from excercing their constitutional right to travel freely from/to India by not letting them have Indian passport if they hold foreign passport as the same time. I believe this is unlawful rulemaking on the actual law and should be struck down by Indian Supreme Court.
The situation in the case of minor children is pretty clear.
A minor child may hold the right to multiple citizenships by virtue of their birth, but they may not hold an Indian passport if they hold the passport of another country as well. The parents must affirm this under oath when applying for an Indian passport. However, this does not diminish their right to be a citizen of India or elsewhere - even if they were to hold the passport of another country while a minor.
On attaining the age of majority, a decision must be made within 6 months whether one wishes to be a citizen of India or a citizen of another country. If the choice is to be the citizen of India, one must renounce citizenship of all other countries. If the choice is to be a citizen elsewhere, one must renounce Indian citizenship.
Inaction in this circumstance will lead to the automatic loss of Indian citizenship. The Indian citizenship may subsequently be reclaimed via the process of registration, which would in its turn however require renunciation of other citizenships.
Hence the situation is :
a) acquire other citizenship while a minor = renounce other citizenship when turning 18 or else automatically lose Indian citizenship
b) acquire other citizenship after age of majority = automatic loss of Indian citizenship
There is nothing to prevent one from continuing to be eligible for the citizenship of another country (via birth, residence, marriage, etc...) without jeopardising one's Indian citizenship, provided that one does not assert claim to the alternate citizenship in which case circumstance (b) above would apply. This appears to be the situation in the case of the OP, which is why he has a somewhat catch-22 situation that may require him to make some choices.