Mumbai:
A minor’s proper to acquire a passport and journey overseas can’t be taken away merely attributable to an ongoing matrimonial dispute between mother and father, the Bombay Excessive Courtroom has mentioned.
The courtroom in its order handed on Wednesday, a duplicate of which was made obtainable on Thursday, directed the Pune Regional Passport Workplace (RPO) to difficulty a passport to the 17-year-old lady inside two weeks, observing that the proper to journey overseas was a side of the elemental proper assured within the Structure.
The RPO had issued a communication to the lady’s mom in November 2024, stating that her passport software wouldn’t be processed as her father had objected to the identical.
As per the plea, the lady’s mother and father are embroiled in divorce proceedings.
In response to the passport workplace’s communication, the lady’s mom despatched a declaration that the daddy’s consent was lacking within the passport issuance type as there was a matrimonial dispute between the couple.
The excessive courtroom mentioned in its judgment that the precious constitutional proper of the petitioner lady can’t be prejudiced, a lot much less be taken away, merely on a communication issued by her father refusing to present his No Objection Certificates (NOC).
It mentioned the minor lady was residing along with her mom and is a shiny scholar having secured excellent marks in her Class 10 examination.
These marks have made her eligible to be chosen to take part in a research tour to Japan, being undertaken by her college, the HC added.
“In these circumstances, in our opinion, it can’t be that the petitioner’s (lady) proper to journey overseas by issuance of a passport can in any method be scuttled and/or taken away by denying her a passport to be issued/re-issued merely given that the daddy for the one motive that he has disputes with the mom, will not be supporting the petitioner’s software by consenting to it,” it mentioned.
The courtroom mentioned “private liberty” as talked about underneath Article 21 of the Structure contains the proper to journey overseas and “no individual could be disadvantaged of that proper besides in response to the process established in regulation.” “The process prescribed by regulation needs to be honest, simply and affordable, not fanciful, oppressive or arbitrary. The correct to journey overseas is a side of basic proper assured underneath Article 21 of the Structure of India,” the excessive courtroom mentioned.
The courtroom noticed that in up to date occasions touring overseas can’t be thought-about to be a fantastic affair however has turn out to be a necessary requirement of contemporary life.
“Such a have to journey which often is the requirement of a kid, a scholar or an worker, skilled or an individual from every other strata of the society, has undergone a monumental change. Thus, the proper to journey is required to be not solely recognised however made extra significant,” the excessive courtroom mentioned.
The division bench of Justices Girish Kulkarni and Advaith Sethna additionally pulled up the passport authority for adopting a mechanical method in such circumstances.
The bench mentioned the provisions of the Passports Act needs to be carried out by successfully recognising up to date wants.
It mentioned that within the current case, the lady has been given a possibility to undertake a research tour abroad.
Any motion of the Passport Authority in denying the passport would have extreme penalties not solely adversely affecting the applicant in a given scenario, however it might trigger irreparable hurt to the prospects of the applicant, for any enterprise he or she meant to undertake, the HC mentioned.
“Thus, a mechanical method on this regard by the passport authority can’t be countenanced,” it famous.
It added that the lady’s mom had submitted a declaration which needs to be now thought-about and processed by the passport authority.
The bench famous that your entire function of inviting a declaration underneath the provisions of the Passports Act turns into related in circumstances the place there exists disputes between the mother and father of a minor making use of for a passport.
The courtroom additionally mentioned that the lady’s father has not obtained any order from any courtroom that the petitioner or the petitioner’s mom ought to not pursue any software for issuance/re-issuance of passport to the petitioner.
Additionally, apart from stating that he refuses NOC, the petitioner’s father has not made out any authorized, legitimate or justifiable floor earlier than the passport authority which may justify denial of the issuance of passport to the petitioner, the HC mentioned.
(Apart from the headline, this story has not been edited by NDTV workers and is printed from a syndicated feed.)