Court Directs Authorities to Expedite Passport Issuance for Minor, Emphasizing Fundamental Rights Over Parental Non-cooperation
In a landmark judgment, the Allahabad High Court has reinforced the fundamental rights of minors by directing passport authorities to process and issue a passport to a minor child despite ongoing matrimonial disputes between her parents. The court held that such disputes should not infringe upon the child's fundamental right to personal liberty, as guaranteed under Article 21 of the Constitution of India.
The case, titled "Poem Jaiswar v. Union of India," involved a two-year-old minor, represented by her mother, seeking the issuance of a passport. The application had been pending due to non-cooperation from the father, who was embroiled in a matrimonial dispute with the mother. The court noted that the passport authority had not outright refused the application but had delayed processing due to the lack of consent from one parent.
The bench, comprising Justices Ajit Kumar and Swarupama Chaturvedi, emphasized that the right to a passport is an integral facet of the right to personal liberty and cannot be denied on account of parental disagreements. They cited precedents, including the Supreme Court's ruling in "Maneka Gandhi v. Union of India," which underscored the right to travel as a component of personal liberty.
The court also referred to Section 6 of the Passports Act, 1967, which delineates specific grounds on which a passport can be refused, none of which pertain to parental disputes. Additionally, it highlighted the procedural flexibility provided under the Passport Rules, 1980, and the Passport Manual, 2020, which allow for the issuance of passports to minors even in cases of parental discord.
In its judgment, the court directed the authorities to complete the routine verification formalities and issue the passport within four weeks, provided all procedural requirements are met. This decision aligns with similar judgments from other high courts, including those in Delhi and Bombay, which have consistently prioritized the welfare and rights of minors over procedural hurdles in parental conflict scenarios.
The ruling is expected to have significant implications for similar cases, reinforcing that the rights of minors should not be compromised due to the personal disputes of their guardians. The judgment is a step forward in ensuring that administrative processes do not become barriers to the exercise of fundamental rights.
Bottom Line:
Issuance of passport to a minor child cannot be delayed or denied on account of matrimonial disputes or non-cooperation by one parent, as it infringes upon the minor's fundamental rights under Article 21 of the Constitution of India.
Statutory provision(s): Article 21 of the Constitution of India, Passports Act, 1967 - Section 6, Passport Rules, 1980, Passport Manual, 2020
Poem Jaiswar v. Union Of India, (Allahabad)(DB) : Law Finder Doc Id # 2835296
