After more than a decade of being stuck without a valid travel document, a Tibetan woman born in India has finally been recognised as an Indian citizen by birth. The Delhi High Court ruled that Ms. Yangchen Drakmargyapon, born in Dharamshala in 1966, is entitled to Indian citizenship under the Citizenship Act and must be issued an Indian passport.
The case exposed how overlapping immigration rules left a family effectively stateless for years, unable even to travel for last rites.
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Background of the Case
Ms. Drakmargyapon was born in Dharamshala, Himachal Pradesh, to Tibetan refugee parents on 15 May 1966. In 1997, she moved to Switzerland with her young son to reunite with her husband. For several years, the family travelled using Swiss-issued foreign passports.
That arrangement collapsed in 2014 when Swiss authorities refused to renew the passports, stating that the family should instead approach Indian or Chinese authorities for national passports.
China never responded.
India declined to issue documents.
After her husband’s death, Ms. Drakmargyapon and her children were left without any valid travel papers. They could not even travel to India to perform his final rites.
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Why the Case Reached the High Court
Swiss authorities repeatedly told Ms. Drakmargyapon that she was eligible for Indian citizenship by birth, since she was born in India between 1950 and 1987. Acting on this, she approached Indian authorities for a passport.
Her request was rejected, with officials arguing that Tibetan refugees and their children formed a separate category and that holding Tibetan identity documents amounted to giving up Indian citizenship.
With no remedy left, she approached the Delhi High Court seeking two things:
- Recognition as an Indian citizen by birth
- A direction to issue her an Indian passport
What the Law Says
The case turned on Section 3(1)(a) of the Citizenship Act, 1955, which clearly states that:
Any person born in India between 26 January 1950 and 1 July 1987 is an Indian citizen by birth, unless specific exceptions apply.
The government did not claim that any of those exceptions applied to Ms. Drakmargyapon.
Court’s Observations
Justice Sachin Datta noted that the facts were undisputed:
- Ms. Drakmargyapon was born in India in 1966
- Her place of birth was supported by official documents
- None of the legal disqualifications applied
Rejecting the government’s arguments, the court observed that executive instructions cannot override a clear law passed by Parliament.
“The petitioner squarely falls within Section 3(1)(a) of the Citizenship Act,” the bench observed, adding that describing oneself as Tibetan or holding an identity certificate does not amount to renouncing Indian citizenship.
The court relied heavily on earlier Delhi High Court rulings which had already settled this issue for similarly placed Tibetan refugees born in India.
Government’s Stand Rejected
The Union government argued that children of Tibetan refugees should not automatically get citizenship and must apply separately.
The court disagreed, stating plainly that:
- Citizenship by birth is automatic under the law
- No application is required to “claim” it
- Citizenship cannot be taken away by internal government circulars
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Final Decision
The Delhi High Court held that Ms. Yangchen Drakmargyapon is an Indian citizen by birth under the Citizenship Act, 1955.
The court directed the authorities to issue her an Indian passport, bringing an end to years of uncertainty and document-less existence.
Case Title: Ms. Yangchen Drakmargyapon v. Union of India
Case No.: W.P.(C) 16380/2024
Decision Date: 02 February 2026
