The Allahabad High Court, India, has ruled that the government of the country cannot disbelieve apostilled documents issued by states that have ratified the 1961 Hague Convention.
The case concerned a lawsuit filed by a US citizen, Naromattie Devi Ganpat, seeking Overseas Citizenship of India (OCI). This is a special status that allows you to live, work and invest in India indefinitely, but does not give you the right to vote or hold the highest elected office in the country. It is available for foreign citizens of Indian origin.
The claimant alleged that her ancestors were moved by British colonial authorities to South America in 1882 and supported this with documentation from Guyana's archives. However, Indian migration officials found no confirmation of the moval of the claimant's ancestors in the local archives and questioned the Guyana documentation, requiring to provide further proof of the applicant's ancestry. This forced her to take legal action.
On 18 January 2024, the Allahabad High Court decided to grant the writ petition.
"The petitioner has produced enough evidence to show that her great grandparents had immigrated from India and hence, she is eligible to apply for the OCI Card.," Justice Mahesh Chandra Tripathi recorded in his judgement.
The Court separately emphasised the legal validity of foreign documents certified through the Apostille procedure. The judge noted that the State of India, being a party to the 1961 Hague Convention, cannot disbelieve foreign documents certified by Apostille.
