New Passport Rules – Date of Birth and Only one Parents Name


New Passport Rules  –  
December 23, 2016

  1. In order to streamline, liberalize and ease the process of issue of passport, the Ministry of External Affairs has taken a number of steps in the realm of passport policy which is expected to benefit the citizens of India applying for a passport. The details of these steps are given below:-

    PROOF OF DATE OF BIRTH

  2. As per the extant statutory provisions of the Passport Rules, 1980, all the applicants born on or after 26/01/1989, in order to get a passport, had to, hitherto, mandatorily submit the Birth Certificate as the proof of Date of Birth (DOB). It has now been decided that all applicants of passports can submit any one of the following documents as the proof of DOB while submitting the passport application:

    (i) Birth Certificate (BC) issued by the Registrar of Births & Deaths or the Municipal Corporation or any other prescribed authority whosoever has been empowered under the Registration of Birth & Deaths Act, 1969 to register the birth of a child born in India;

    (ii) Transfer/School leaving/Matriculation Certificate issued by the school last attended/recognized educational board containing the DOB of the applicant;

    (iii) PAN Card issued by the Income Tax Department with the DOB of applicant;

    (iv) Aadhar Card/E-Aadhar having the DOB of applicant;

    (v) Copy of the extract of the service record of the applicant (only in respect of Government servants) or the Pay Pension Order (in respect of retired Government Servants), duly attested/certified by the officer/in-charge of the Administration of the concerned Ministry/Department of the applicant, having his DOB;

    (vi) Driving licence issued by the Transport Department of concerned State Government, having the DOB of applicant;

    (vii) Election Photo Identity Card (EPIC) issued by the Election Commission of India having the DOB of applicant;

    (viii) Policy Bond issued by the Public Life Insurance Corporations/Companies having the DOB of the holder of the insurance policy.

    Report of the Inter Ministerial Committee

  3. A three-member Committee comprising of the officials of the Ministry of External Affairs and the Ministry of Women and Child Development was constituted to examine various issues pertaining to passport applications where mother/child has insisted that the name of the father should not be mentioned in the passport and also relating to passport issues to children with single parent and to adopted children. The Report of the Committee has been accepted by the Minister of External Affairs.

    The following policy changes have been made inter-alia on the basis of the recommendations of this Committee:

    (i) The online passport application form now requires the applicant to provide the name of father or mother or legal guardian, i.e., only one parent and not both. This would enable single parents to apply for passports for their children and to also issue passports where the name of either the father or the mother is not required to be printed at the request of the applicant.

    (ii) The total number of Annexes prescribed in the Passport Rule, 1980, has been brought down to 9 from the present 15. Annexes A, C, D, E, J, and K have been removed and certain Annexes have been merged.

    (iii) All the annexes that are required to be given by the applicants would be in the form of a self declaration on a plain paper. No attestation/swearing by/before any Notary/Executive Magistrate/First Class Judicial Magistrate would be henceforth necessary.

    (iv) Married applicants would not be required to provide Annexure K or any marriage certificate.

    (v) The Passport application form does not require the applicant to provide the name of her/his spouse in case of separated or divorced persons. Such applicants for passports would not be required to provide even the Divorce Decree.

    (vi) Orphaned children who do not have any proof of DOB such as Birth Certificate or the Matriculation Certificate or the declaratory Court order, may now submit a declaration given by the Head of the Orphanage/Child Care Home on their official letter head of the organization confirming the DOB of the applicant.

    (vii) In case of children not born out of wedlock, the applicant for the passport of such children should submit only Annexure G while submitting the passport application.

    (viii) In case of issue of passport to in-country domestically adopted children, submission of the registered adoption deed would no longer be required. In the absence of any deed to this effect, the passport applicant may give a declaration on a plain paper confirming the adoption.

    (ix) Government servants, who are not able to obtain the Identity Certificate (Annexure-B)/ No-Objection Certificate (Annexure-M) from their concerned employer and intend to get the passport on urgent basis can now get the passport by submitting a self-declaration in Annexure-‘N’ that he/she has given prior Intimation letter to his/her employer informing that he/she was applying for an ordinary passport to a Passport Issuing Authority.

    (x) Sadhus/ Sanyasis can apply for a passport with the name of their spiritual Guru mentioned in the passport application in lieu of their biological parent(s) name(s) subject to their providing of at least one public document such as Election Photo Identity Card (EPIC) issued by the Election Commission of India, PAN card, Adhar Card, etc wherein the name of the Guru has been recorded against the column(s) for parent(s) name(s).

  4. Necessary notifications would be soon published in the Official Gazette to give effect to these changes. Instructions are also being issued to the Passport Issuing Authorities in India and abroad on these revised regulations.

  5. The Ministry of External Affairs expects that the above changes in the Passport Rules would further ease the process for passport applicants in getting their Passport. At the same time, it would enable this Ministry to continue to deliver passport related services to the citizens in a timely, transparent, more accessible, reliable manner and in a comfortable environment through streamlined processes and committed, trained and motivated workforce.


New Delhi
December 23, 2016

 

Passport – Cancellation or Rejection of Passport without any Notice

 

Issue of Passport – Sovereign Function

The decision to issue a passport or not is a sovereign function. The Govt. of India does have the right to reject issue or rejection of Passport in appropriate cases.

Having said that, not issuing a passport for wrong and invalid reasons can amount to deficiency in services. And the aggrieved person can approach the Consumer Forums or the High Court for relief.

 

4 January 2016 – Bombay High Court 

The Bombay High Court took the passport office to task over pending applications and rejections without valid reasons. 

A division bench comprising Justice S C Dharmadhikari and Justice B P Colabawalla issued a warning to the passport office that if the court came across such cases in the future, the concerned passport officer would be penalized heavily.

 

Brief Facts of the Case

A Kandivali resident Amit Agarwal filed a writ that his passport, which was renewed in 2013, had been abruptly cancelled after he approached the passport office to get his birth date corrected on it. 

Agarwal’s lawyer, Vivek Kantawala, informed the court that the passport was cancelled without giving his client a hearing. Agarwal is a businessman who travels often – substantiated by the numerous visa stamps on his previous passport. He had applied for a renewal of his passport well before its expiry date of July 2014, and was provided with the same in 2013. 

However, when he approached the passport office to correct his birth date, which showed that he was a year younger than he was, the passport office cancelled his passport saying that Agarwal had failed to disclose a case that had been filed against him by his wife. Agarwal, in his petition, had said that the disclosure of the case was not held relevant by him as it was filed after he had already received his renewed passport. 

When the court inquired from the passport office about the compliance of the sections pertaining to the issuance of passports/travel documents, which mandate an order, the passport authorities had no reply. The court then issued a warning to the authorities, directing them to pass an order on Agarwal’s application by January 11. 

 

Court’s Observations

“We fail to understand as to why this court’s precious time should be wasted by the regional passport officer by forcing parties, like the petitioner, to approach this court and seek a direction of such nature. The passport officer must realize that it is his obligation and duty to consider the application. The applications, as made online, or presented physically, have all to be considered,” observed the bench. 

Asking the passport officers to treat online as well as regular applications at the same level, the court observed that the rules laid down under the Passport Act 1967 should be followed properly. 

“If the passport officer is satisfied after the enquiries that are required to be made that the passport must be issued with or without endorsement or should be refused, has to pass a reasoned order.
Hereafter, if applications of the above nature are kept pending without any orders being passed forcing parties to approach this court, then, we would take a serious view of the conduct of the Regional Passport Officer concerned and while allowing the request we would impose heavy costs to be paid personally by the Regional Passport Officer,” the bench added.

 

My Views

I myself have come across instances of cancellation of passport without issuing any valid show cause notice, without giving a personal hearing, on wrong and illogical reasons simply because the police submit some unconnected report. This illegal practice should be stopped.

 The National Commission has held that matters relating to passport come within the ambit of the Consumer Protection Act.

http://164.100.72.12/ncdrcrep/judgement/00RP238908.htm