India’s Passports Act: Regulating Foreign Travel

The Passports Act of 1967 oversees the issuance of travel documents and passports and governs the departure of Indian citizens from India. This crucial legislation regulates travel of Indians and is applicable to residents within the country and people living abroad.

The Act of 1967 replaced the Passport Act of 1920 and the British Indian passport, enacted by Act 15 of 1967. Initially, a privilege of the affluent, the possession of the passport has evolved into a computerised system. Notably, the Act prohibits dual citizenship in pursuance of Article 9 of the Indian Constitution.

History of the Act

The Indian Passport Ordinance, 1967, was promulgated by the President of India during a period of economic uncertainty and political unrest. Passport issuance and international travel regulation is highly crucial for the prevention of unauthorised border crossings and illegal immigration. Therefore, the establishment of a legislative framework was critical.

The Passports Act of 1967 was enacted to provide guidelines regarding identity verification, fees to be paid, and background checks for identity verification. Before the enactment of the Act, passports were issued by the central government as part of its executive function with respect to foreign relations.

The Act provides the citizens of the nation with certain privileges for overseas travel. The Act also places a few obligations, such as obeying local laws and restricting travel during political instability. The issuance of passports has encouraged foreign travel and has influenced national identity.

Passport or Travel Document for Departure from India

As per Section 3 of the Passports Act, being in possession of a valid passport or any other travel document is essential for departing Indian territory. A person must hold a passport to attempt to depart the country. The passport can also be one that a foreign government issues. However, certain conditions prescribed under the Passport (Entry into India) Act, of 1920 should be satisfied if the passport is foreign. Additionally, if an individual is travelling using any other travel document bar a passport, then it must satisfy certain conditions.

Passports and other travel documents are of different types and classes. The documents to be issued to persons is determined by the Central Government according to certain customs and procedures.

The following three types of passports are issued:

• Diplomatic passport
• Ordinary passport
• Official passport

Furthermore, the following three classes of travel documents can be issued:

• A certificate of identity to establish the identity of the individual.
• An emergency certificate authorising an individual to enter the country
• Any other document or certificate as prescribed

All of this is described under Section 4 of the Act.

Application for Passport and Travel Documents

Section 5 of the Passports Act details applications for the issuance of passports and travel documents. This section specifies any orders that the government may pass in this regard.

If one wishes to visit a foreign country, they must submit an application to the passport authority in the prescribed form to issue a passport. The passport issuing process involves expenses such as printing, lamination, and special security paper, which are to be borne by the applicant at the time of filing the application. Such fee should not exceed the amount of Rs. 50.

On receiving an application, the passport authority makes certain inquiries. Thereafter, a travel document or a passport is issued by an order in writing. The document includes an endorsement for the foreign country that is to be visited. If the application contains a request to visit more than one country, then the passport authority can issue a travel document or passport allowing entry into one nation, but refusing visitation rights to another. The Authority may also deny the issuance of a passport or travel document.

Refusal of Passports and Travel Documents

The Passport authority can deny endorsement to an individual for visiting a foreign country due to any of the following reasons:

• Such a person travelling abroad may endanger the security of India.
• Public Interest may be violated if the individual travels abroad and is present in a particular nation.
• The applicant may indulge in activities that may be prejudicial to the integrity and sovereignty of India in the foreign country he or she is visiting.
• India’s friendly relations with the country of visitation may be prejudiced if such an individual is allowed to travel there.
• The applicant is not a citizen of India.
• If the applicant has been convicted of an offence involving moral turpitude by an Indian Court and the punishment provided was not less than 2 years.
• If the applicant has been repatriated and has not reimbursed the expenditure amount, then a travel document is not issued.
• Proceedings are pending regarding offences committed by an individual who wants to travel abroad before an Indian Court.
• A court in India has issued a warrant for arrest against such an individual.

All this information is available under Section 6 of the Act.

Duration of Travel Document

The validity period of a passport or travel document differs based on document classes. A passport may be issued for a shorter duration due to specific circumstances. In such cases, the reason must be communicated to the applicant in the written form.

If a passport was initially issued for a shorter period, as outlined in Section 7, its validity can be extended. However, this extension can only be granted to ensure that the total duration is within the prescribed limit, including the original shorter period and the extended time. The passport authority reserves the right to deny such an extension under Section 8 of the Passports Act.

Conditions and Forms of Passports and Travel Documents

Certain conditions are imposed in accordance with which a passport or a travel document is issued. The guidelines for the same are provided under Section 9 of the Act. However, the conditions and forms to be filled and submitted differ based on the class of the passport or travel document being issued. With approval from the Central Government, the passport authority can impose additional conditions on a passport or travel document.

Impounding and Revocation of Passports and Travel Documents

The passport authority has the power to cancel endorsements on a passport or travel document. It can also cancel conditions subject to which a passport or travel document has been issued. As per Section 10 of the Passports Act, the holder of a cancelled passport or travel document must deliver the document to the authority.

A passport or travel document may be revoked or impounded under the following conditions:

• The holder obtained the passport or travel document by providing wrong or suppressing information.
• The holder of the passport or travel document is in wrongful possession of the same as per the passport authority.
• If the holder of the passport has contravened any of the conditions of the passport or travel document.
• If the holder of the passport or travel document has been convicted of any offence involving moral turpitude by an Indian Court.
• Trial procedure concerning an offence committed by the holder is pending before a criminal court.
• If the holder of the passport obtains a passport from another nation.
• If the revocation of the passport of an individual is necessary for maintaining India’s foreign relations with another nation.
• A passport holder can also apply for their passport to be revoked.
• If a holder of a passport is convicted by a court of law for an offence under this Act.

When an order has been made by the appropriate authority regarding the revocation of a passport, the holder must surrender the same within the stipulated time to the prescribed authority in case the passport is yet to be impounded.

Offences and Penalties

As per Section 12 of the Passports Act of 1967, a punishment of maximum imprisonment for 5 years but not less than a year, or a maximum fine of Rs 50,000 but not less than Rs 10,000, or both may be imposed for the following offences:

• If someone holds a travel document or passport that is forged.
• If an individual obtains a passport or applies for a passport by concealing their nationality information.

A punishment of imprisonment for a maximum term of 2 years or a maximum fine of Rs 5000 or both are imposed for the following offences:

• If a person allows another person to use a passport or travel document issued to them.
• If a person departs or attempts to depart from India without holding a valid passport.
• If a person knowingly uses a passport or travel document issued to another person.
• If a person, with the intention of obtaining a passport or a travel document, furnishes false information about oneself or withholds any information.
• If a person, when asked by the prescribed authority, fails to produce his/her passport or travel document.
• If a person alters any entries made in a passport or travel document, without being lawfully authorised to do the same.

A punishment of a maximum imprisonment of 3 months, or a fine of Rs. 500, or both may be imposed on a person contravening any conditions of a passport or a travel document. Such a punishment is also prescribed for contravening the provisions of the Act.

For a subsequent offence under this Act, any offender will be punished with double the penalty provided for the respective offences.

Conclusion

The right to life, a fundamental right enshrined in Article 21 of the Indian Constitution, encompasses the right to travel. The government is not authorised to deny the issuance of a passport to any applicant. This principle was reinforced by the Supreme Court’s ruling in the case of Satwant Singh Sanhey v. D. Ramarathnam. The Passports Act of 1967 facilitates the engagement of Indian citizens with the global community through travel while safeguarding national interests and security. This legislation has emerged as a cornerstone of Indian citizens’ rights.