Minor's right to passport cannot be denied due to parental dispute: Bombay HC

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A minor's fundamental right to obtain a passport and travel abroad cannot be curtailed merely because of an ongoing matrimonial dispute between her parents, the Bombay High Court has ruled.

In an order passed on Wednesday, the court directed the Pune Regional Passport Office (RPO) to issue a passport to a 17-year-old girl within two weeks. According to PTI, the court underscored that the right to travel abroad is an essential aspect of personal liberty under Article 21 of the Constitution. A copy of the judgement was made available on Thursday.

The RPO had earlier declined to process the girl's passport application after her father raised objections. As per the plea submitted to the court, the girl's parents are undergoing divorce proceedings. In response to the RPO's communication in November 2024, the girl's mother had clarified that the father's consent was missing due to the ongoing matrimonial discord.

According to PTI, the court emphasised that the constitutional rights of the minor cannot be jeopardised merely because the father refused to provide a No Objection Certificate (NOC). It noted that the girl, who resides with her mother, is a bright student and had achieved exemplary marks in her Class 10 examination. These academic achievements qualified her to join a study tour to Japan, organised by her school.

The division bench of Justices Girish Kulkarni and Advaith Sethna observed, "The petitioner's right to travel abroad by issuance of a passport cannot be impeded solely because of the father's refusal to support the application. Personal liberty, as guaranteed under Article 21 of the Constitution, includes the right to travel abroad, and such a right cannot be deprived except through a lawful, fair, and reasonable procedure."

The court further remarked that travelling abroad is no longer a fanciful pursuit but has become an integral aspect of contemporary life. "The need to travel - whether for educational, professional, or other purposes - has transformed significantly in modern times. Denying this right can cause irreparable harm to an individual's prospects," the bench stated.

Pulling up the passport authority for adopting a mechanical approach, the court reminded the RPO to implement the provisions of the Passports Act in a manner aligned with modern-day realities. According to PTI reports, the bench noted that the girl's mother had submitted a declaration as required under the Act, and this should suffice for processing the application.

The court also criticised the father for failing to provide any legal justification for opposing the passport issuance. It observed that he had not secured any court order to prevent the minor or her mother from pursuing the application. The father's mere refusal to issue an NOC, without valid grounds, could not be a basis for denying the passport, the court held.