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Right to Travel Abroad

As on today the law is very clear that right to travel aborad is a fundamental right guaranteed under Article 21 of the Constitution of India. It has been laid down in Satwant Singh Sawhney vs. Assistant Passport Officer, AIR 1967 SC 1836 and the same has been reiterated in Meneka Gandhi vs. Union of India AIR, 1978 SC 597. Therefore, the right cannot be curtailed whimsically and arbitrarily except in a manner known to law.

The law on the subject is governed by Passport Act, 1967 whereby section 3, clearly lays down that no person shall depart from this country unless he holds on this behalf a valid passport or travel document.

What is Passport ?

A passport is a document which by its nature and purpose is a political document for the benefit of its holder. it recognizes him as a citizen of the country granting it and is in the nature of a request to the other country for his free passage there. There can, therefore, be no doubt that a passport is a document of importance for travel abroad and is of considerable value to the holder. [Nrisingha Murali Charkaborty vs. State of West Bengal AIR 1977 SC 1174 at pp. 1175, 1176].

A passport is an identity of a person during his stay in foreign country, the nationality of person is not recognised in other country. So without a passport a person cannot be permitted to move into another country. Passport can be used basides identity or recognition, for different purposes. [Satwant Singh Sawhney vs. Assistant Passport Officer, AIR 1967 SC 1836].

Is Passport a Right ?

Yes, you have a right to obtain a passport within the prescribed time frame and without harassment.

What are the Types of Passport ?

The following classes of passports may be issued under the Passport Act, 1967:

(i)

Ordinary Passport

(ii)

Official Passport

(iii)

Diplomatic Passport

Ordinary Passport: It is issued to citizens of India.

Official Passport : These are issued to the following classes of persons :

(i)

Government officials and non-officials when their passages are paid by the Government and members of their families, when such members of the families, also proceed out of India at the expenses of Government.

(ii)

Officials of Reserve Bank of India, the State Bank of India, Nationalized Banks, corporations, undertakings and other institutions owned or controlled by the State and officials of autonomous bodies set up by he State, proceeding out of India on the official work of their respective organizations; and the members of their families when such members also proceed out of India at the expense of such organizations.

(iii)

Permanent Government Oficials on deputation to foreign Govern-mens, the United Nations Organisations and its specialized agencies and other inter-Government organizations/agencies recognized by the Government of India, and the members of their families, provided such deputation is arranged through the Government of India.

(iv)

Government Officials sponsored by the Ministries in the Government of India and their departments, for attending international conferences, seminars and meetings or for undergoing training either independently or under any of the scholarship schems for the time being in force, provided he deputation out of India is treated as duty and the Government official is allowed to draw his duty pay and allowances in india and the members of the family of such official deputed out of India for a period not less than twelve months when travelling with or joining such oficial at his post abroad.

(v)

Fully dependent mother/father/mother-in-law/brother/sister of an officer belonging to Indian Foreign Service (Branch B) and fully dependent mother-in-law/brother/sister of an officer belonging to Indian Foreign Service (Branch A), when proceeding out of India, with the permission of the Government, to reside with the officer at the place of his posting abroad.

(vi)

Any other person who, in the opinion of the Government of India should have an official passport because of the nature of his foreign missions.

Note: The following person shall not be entitled to the issue of official passports, namely:

(a)

Persons sponsored by a Government department for attending international conferences, seminars and meetings or for studies or training outside India either independently or under any of the scholarship schemes for the time being in force when such persons go on study leave or leave of any other kind.

(b)

Persons proceeding outside India at their own expenses on commercial or other purposes although a department of the Government certifies that such purpose would be in Government interest.

Diplomatic Passports :
These are issued to the following classes of persons :

(i)

(a)

Officers of the Indian foreign Service (Branch A) when proceeding out of Indian on official business.

(b)

Such oficers of the Indian Foreign Service (Branch B) and the other officers of the Ministry of External Affairs or other Ministries or Department of the Government of India who are proceeding abroad on official business or are posted to Indian Mission or Posts abroad, as may be determined by the Foreign Service Board in the Ministry of External Affairs.

(c)

Wife or official hostess or husband, as the case may be, dependent son, dependent unmarried, separated, divorced or windowed daughter, dependent parents fo an officer referred to in (a) and (b) above when travelling with or joining such officer at his post abroad, on condition of dependent status being recognised by the Ministry.

Note: Any member of the family referred to in (c) above of an officer who is actually holding deplomatic assignment abroad may also be issued a diplomatic passport for staying in a country other than te country of accreditation of the officer for study or other purposes approved by the Central Government. A diplomatic passport issued in such a case shall, however, be surrendered when the diplomatic assignment of the officer is terminated or when the officer is posted back to headquarters.

(ii)

(a)

A person having or having been granted a diplomatic status either because of the nature of his foreign mission or because of the position he holds, as may be determined by the Central Government.

(b)

Wife or husband, as the case may be, of a person referred to in (a) above when accompanying the said person.

In which Form should you apply for a fresh Passport ?

An application for a fresh passport should be made in revised Form No. 1. The revised Form No. 1. consists of three cards & eighteen pages as under :

Index Card

This card (front side) should be filledin by applicant in Block Letters. Back side of the card is filled by e Regional Passport Office. It is meant for the purpose of keeping permanent record by te Regional Passport Office.

Card for Machine Writing

This card (front side) is also filled-in by the applicant in Block Letters in Black Ink. Back side of the card is filled by the Regional Passport Office. As and when the computer writing of the Passport is introduced, the information in the Card will be used by the computer operator for computer writing of the passport.

Acknowledgement Card

This card (both sides) is also filled in by the applicant and is used by the application form for passport and other documents.

Pages No. 1 to 4 :

These consist of main application form and should be filled in extremely carefully in Block Letters.

Please ensure that details of passport, if any, held earlier are given. If passport was applied for but not issued for any reason, please furnish file number or key number and date of submission of passport application to avoid future complications.

Pages 5 & 6 :

In page 5 specimen signatures or thumb impression of applicant in the boxes given and on the two stickers should be given. Two clear photographs (without signature) may also be pasted in the boxes provided for this purpose. Sing with black ball point pen only. Kindly note the earlier practice of giving two photographs in separate envelope has been dispensed with. Nothing should be written in the blank space mean for office use on page 5 & 6.

Pages 7 to 10:

These pages constitute Personal Particulars Form in duplicate and are needed by the regional Passport Office for the purpose of Police Verification. The form should be filled - in completely and correctly otherwise delay in issue of passport may occur due to late / note re3ceipt of Police Verification Report.

If the applicant has not continuously stayed at the present address for the last one year, please photocopy the 'Personal Particulars form' and enclose an additional set (in duplicate with photographs) for each additional of stay.

Pages 11 to 18 :

These pages consist of Passport Information Booklet. The instructions contained in the booklet should be read carefully before filling the form. Before submitting the application remove and keep the booklet for future handy reference.

What are the recent changes in the New Application Form ?

The new form incorporates the following changes.

(i)

Period of Police Verification / Certification from Deputy secretary etc. has been reduced from two years to one year.

(ii)

The requirement of giving two photograph in a separate envelope has been dispensed with. Instead of it, two extra photographs have to be pasted on a separate sheet provided in the form.

(iii)

Column meant for declaration of parents / guardian in case of passport for minor, now clearly provides for signatures by both the parents / guardian.

(iv)

Affidavit to be submitted by illiterate applicant as proof of date of birth can now also be attested by Notary Public as against the earlier requirement of attestation by the Magistrate only.

(v)

A new card has been added for machine writing of the Passport.

(vi)

While applying for a minor's passport, attested photocopy of passport if any of both parents should incorporate their present marital status. Moreover, at least one of parents of the minor child must hold a valid Indian passport failing which passport to minor applicant shall be issued only after receipt of clear police report.

(vii)

The cut off period for issue of out of turn passport has been increased from four weeks to weeks.

(viii)

If the applicant has resided at more than one place during last one year then all previous addresses with the relevant dates should be mentioned in the verification certificates.

Documents while applying for passport after 10 years Attach old passport and attested photocopy of the first four and last four pages. In addition items (I), (iv), (v) and (vi) above are also required.

Documents while applying for A minor’s Passport

(i)	Affidavit by legal guardian (annexure V) only if parents are not legal guardian.
(ii)	Affidavit by two responsible persons who know the legal guardian as well as minor in specimen given at annexure VI.
(iii)	Attested photocopy of passport, if any of both parents incorporating their present marital status.

Note: The consent of both parents is necessary for issue of passport of minors (below 15 year). Hence both parents are required to affix their signatures under the declaration in column 19. Incase where the parent(s) is/are resident outside India, such consent from the parent(s), in the form of a sworn affidavit, duly attested by the Indian Mission Post abroad, is acceptable. At least one parent of the minor child must hold a valid Indian passport, failing which passport to minor applicant shall be issued only after clear police report.

Documents While applying for Change of Name

I.	Following marriage, remarriage or divorce:
	(a)	A woman applying for first time for a passport in her married name or for change of name/surname in existing passport on account of marriage must furnish:
		(i)	Photocop of the husband's passport if any, and
		(ii)	an attested copy of marriage certificate issued by Registrar of Marriages or an affidavit from the husband and wife along with a joint photograph
	(b)	Divorcees applying for change of name or for deletion of spouse's name in existing passport myst furnish:
		(i)	Divorce deed duly arthenticated by court
			or
		(ii)	Deed poll/sworn affidavit (Annexure VII).

	(c)	Re-married applicants applying for change of name/spouse's name must furnish:
		(i)	Divorce deed/death certificate as the case may be in respect of first spouse, and
		(ii)	Documents as at (a) above relating to second marriage.

II	In other circumstances for change of name, the applicant (both male and female) should furnish
	(a)	Deep poll/sworn afficavit (Annexure VII);
	(b)	Paper cuttings of two leading daily newspaper (one daily news-paper should be of the area of applicant's and present address or nearby area)
	(c)	Court Order.

Photographs

(a)	Six identicat photographs in black and white or in colour of 35mm x 45mm size showing frontal view of full face against a lignt background are required. Four photographs should be provided. On these four photographs, the applicant should sign across the pasted photographs in such a way that half the signature appears on the photograph and the remaining on the application form. The signature across the photographs should be the same as the specimen signature given by the applicant in the form. Two clear photographs should be pasted on Page 5 without signature.
(b)	Photos taken with coloured or dark glasses and in uniform will not be accepted.

Out of Turn Issue of Passport

An applicant desiring to obtain his passport out of turn in view on any emergency should submit necessary dounumentation substantiating the urgency. In case the applicant wishes to obtain his passport in less then five weeks from the date of submission of the application form a verification certificate as per the specimen at Annexure VII should also be submitted along with the documentation of urgency. The Passport Officer shall retain the right to verify in writing the authenticity of the Verification Certificate from the official who has issued it. All applicants seeking a passport out of turn are advised to meet the Passport Officer concerned after submitting their applications with the documentation as specified. The head of Passport Office shall reserve the right to accept or reject such priority requests for issue of out of turn passports. Police Verificatrion shall be done in all cases of issue of passport. The applicant's passport size photograph is also required to be affixed on the Verification Certificate and attested by the officer issuing the Varification Certificate with his/her signature and rubber stamp in such a way that half the signature and stamp appear on the photograph and half on the certificate. If the applicant has resided at more than one place during the last one year then all previous with the relevant dates could be mentioned.

This Verification Cerfificate may be got signed by any of the following:
(i)	A Deputy Secretary / Director / Joint Secretary / Additional Secretary / Special Secretary / Secretary / Cabinet Secretary to Govt. of India.
(ii)	A Joint Secretary / Addiitional Secretary / Special Secretary / Chief Secretary to a State Govt.
(iii)	A Sub-Divisional Magistrate / Additional District Magistrate / District Magistrate of the kistrict of residence of applicant.
(iv)	A District Supdt. of Police / Range, DIG / IG / DGP of district of residence of applicant.
(v)	A Colonel and above or equivalent ranks in the Air Force and the Navy.
(vi)	A General Manager of a Public Sector Undertaking.

Anyone who issues incorrect verification certificate may be prosecuted under section 12(2) of the Passports Act, 1967. Tatkal Scheme A "Tatkal" scheme for issue of out-turn passport has been introduced from January 1. 2000 Under this scheme, passports are issued on payment of additional fee to those in genuine urgency to go abroad. The additional fee is payable, beside normal fee. Thus businessmen, relatives of seriously ill persons, winnirs of promotional awards and schemes, those getting married or wanting to go on honeymoon and people wishing to attend marraige of a close relative, students etc. are among various categories to get benefit under the scheme. The proscribed fee structure under the Tatkal Scheme is as under;