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Can a child of a Pakistani father get Indian citizenship? Know the controversy regarding Sania Mirza’s son

Sania Mirza brought India a good name in tennis, but in the year 2010, she also had to face a lot of anger. This was the time when Sania married Pakistani cricketer Shoaib Malik. This marriage officially ended after 14 years. Sania has been living apart from Shoaib for a long time in Dubai with her son Izhaan Mirza Malik.

There is a lot of discussion on social media regarding Izhaan whether Sania will return to India with her son after the divorce, or will she get him Indian citizenship.

What is the citizenship status of Izhaan Mirza Malik?

Izhaan’s case is quite complicated. Currently he is living with his mother in Dubai on Golden Visa. This UAE visa gives someone the freedom to stay there for a long time. There are many other benefits too, which Sania would be getting there. The tennis star did not give up her Indian citizenship even after marrying a Pakistani citizen, but continued playing for India. Even their child was born in an Indian hospital. If seen this way, Izhaan himself can be called a citizen of India, if Sania wants.

Pakistan refused to give citizenship

After the birth of Izhaan, Pakistan’s intelligence service – Federal Investigation Agency had said that the child will not be considered a citizen of Pakistan if he takes Indian citizenship. Let us tell you here that having dual citizenship is legally recognized in Pakistan. Many people hold two passports, like one from Pakistan and the other from some big country. But this agreement of Pakistan is not with India. Meaning, if an Indian citizen wants to keep a Pakistani passport also, then it is not possible.

There is no dual citizenship in the Constitution of India

If an Indian wants to get a passport of another country, then for this he will have to give up his Indian citizenship. That means, if Izhaan is considered a citizen of this country, then he cannot take citizenship of any other country. After his birth, Shoaib had said that his son would neither be a citizen of India nor of Pakistan. So perhaps by this he meant UAE.

It is possible that apart from the golden passport, Izhaan may be given permanent citizenship there. At present it is not clear where the child will be given citizenship, or what his parents are thinking. It is also possible that they have citizenship of some other country.

Who gets citizenship in India

Any person born in India after January 26, 1950 is an Indian citizen by birth. There is another rule also. Under this, any person born in India after July 1, 1987 is an Indian citizen if at that time one of his parents holds an Indian passport.

Citizenship can be obtained even if one is not born in the country if one of the parents is a citizen of India at the time of birth. But parents have to register for this in the Indian Embassy within one year of the birth of the child.

Citizenship is also obtained through registration. There are many conditions for this, like living in India for at least 7 years. Residents of Commonwealth nations can also become Indian citizens if they start living in India.

Citizenship even after merger with the country

If any other country wants to join India, or if any new territory gets included in India, then the people living there will automatically be considered Indians. For example, in the year 1954, Puducherry merged with the country and the people living there started being called Indians.

Citizenship can also be taken away if…

  • Someone’s Indian citizenship can also be lost if he wants to take a passport of another country.
  • If it is proved that the person entered India illegally and obtained citizenship.
  • Citizenship can also be revoked for involvement in anti-national activities or spreading terrorism.
  • Any act that tampers with the Constitution or fundamental rights can put citizenship at risk.