Delhi High Court Declares Tibetan-Origin Woman Born in Dharamshala as Indian Citizen, Orders Passport Issuance
Court Upholds Citizenship by Birth Under Section 3 of the Citizenship Act
Ruling Brings Relief to Stateless Individuals of Tibetan Descent
By Our Legal Reporter
New Delhi: February 05, 2026:
Citizenship disputes often highlight the tension between law, identity, and international politics. In a landmark judgment, the Delhi High Court has recognized a Tibetan-origin woman, Yangchen Drakmargyapon, as an Indian citizen by birth. Born in Dharamshala in 1966, she had lived in Switzerland since 1997 but was rendered stateless after her Swiss “foreigner’s passport” expired in 2014. Despite repeated requests, Indian authorities refused to issue her a passport, leaving her stranded. The Court’s ruling not only restores her rights but also sets a precedent for others in similar situations .
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Case Background
- Petitioner: Yangchen Drakmargyapon, born in Dharamshala, Himachal Pradesh, in 1966.
- Migration: Moved to Switzerland in 1997 to join her husband.
- Swiss documents: Issued “foreigner’s passports,” which expired in 2014. Renewal was denied, with Swiss authorities insisting she obtain an Indian passport.
- Indian authorities’ response: Despite repeated representations to the Indian Consulate in Geneva, she received only oral refusals, leaving her without valid travel documents.
- Urgency: Following her husband’s death, she sought to bring his ashes back to India, intensifying her plea for recognition of citizenship.
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Court’s Observations
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- Justice Sachin Datta ruled that under Section 3(1)(a) of the Citizenship Act, 1955, anyone born in India between January 26, 1950, and July 1, 1987, is an Indian citizen by birth.
- The Court rejected the Ministry of External Affairs’ claim that she had “voluntarily renounced” her citizenship.
- It directed the authorities to issue her an Indian passport, recognizing her as a citizen by birth.
Significance of the Ruling
1. Clarifies Citizenship Rights
- Confirms that Tibetan-origin individuals born in India before 1987 are Indian citizens by law.
- Removes ambiguity for thousands of Tibetans who face challenges in obtaining official documents.
2. Humanitarian Relief
- Prevents statelessness, ensuring individuals have access to travel, healthcare, and legal rights.
- Recognizes the dignity of those who have lived in India for decades.
3. Policy Implications
- May influence future government decisions on Tibetan refugees and their descendants.
- Strengthens India’s legal framework on citizenship by birth.
Wider Impact
- For Tibetan community: The ruling is a major relief for many who struggle with documentation issues.
- For Indian law: Reinforces the principle that citizenship by birth is a legal right, not subject to arbitrary denial.
- For international relations: Highlights India’s responsibility towards individuals of Tibetan origin who were born on its soil.
Expert Reactions
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- Legal experts: Called the judgment a reaffirmation of constitutional and statutory rights.
- Human rights activists: Welcomed the ruling as a step towards ending statelessness.
- Policy analysts: Noted that the decision could impact India’s approach to refugee communities.
Conclusion
The Delhi High Court’s ruling in favour of Yangchen Drakmargyapon is a landmark in citizenship law. By recognizing her as an Indian citizen by birth, the Court has upheld the principle of fairness and legality. This judgment not only restores her rights but also provides clarity for others in similar situations, ensuring that no one born in India before 1987 is left stateless.
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