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Technologist (Business owner)     17 June 2010

Is it constitutional for Indian Embassy to reject affidavit

Of late, the Indian Embassies in the USA mandated a requirement that anyone including person of Indian origin must produce a copy of birth certificate to obtain a visa to India. To the best of my knowledge, mandatory requirement to register birth came into effect only in 1969. In view of this fact that there are several millions of Indians who do not have birth certificate because they may not registered birth as it was not required.

Is it a whim and fancy for the Indian Embassies in the USA to ask everyone to produce birth certificate to get a visa. Unlike in western nations such as in the USA where people have baptismal certificates and birth certificates after birth, the earlier Indian tradition was having an horoscope after birth. The new rule is like using fork and spoon to eat sambar curry like in the western nations. This sucking up to the western way of life ignoring the past of India may be considered as an upstart trend of no commonsense bearing. Another funny thing is that the Indian Embassies in the USA do not even accept notorised sworn affidavit from parents stating that one is a son or daughter of that person of Indian origin. What a non-sense? Is this not unconstitutional ?
This is like an old hippie  bell bottoming India's past with broken thread sleeves. The general requirement of birth certificate for all may be struck down by the Supreme court of India as it is absurd with the past of India that has little comparison to the West. I was been told that several thousands of person of Indian origin people could not get Indian visa to visit their relatives on account of this impractical restrictions and their applications were worthless as toilet paper in an European toilet settings.
My question again is, whether it is unconstitutional to reject sworn affidavit from an Indian citizen by an Indian Embassy? I ask the learned lawyers in this forum for an answer.


 6 Replies

Arvind Singh Chauhan (advocate)     17 June 2010

I do could not understand the reason behind the requirement of birth certificate. Even  Passport is granted after a lots of inquiries and submitting authentic certificates as domicile, school certificates for birth, police report etc.

                                                                                                 Such provisions are giving chance of corruption. Every such certificates whenever are demanded are being made, but these are not based on official record, because there is no official record.

1 Like

Technologist (Business owner)     17 June 2010

You are absolutely right. In every passport en every country, the nationality and place of birth are recorded. If they do not respect this, what reason they have to stick anything on these passports?

There are two aspects to this unwanted documents for visa. One is to promote corruption. Secondly, the source which is often manipulating the Indian government to be an ally of the USA pass on this and that to get them all paranoid.
To protect a nation what needs to be done is to avoid corruption and not to suck up to foreign governments. India does have( at least did have when I was studying there ) all the expertise to be self reliant and self sufficient. There is no need for India to have dependency on other nations just like the USA has on China and India to get work done by outsourcing and have high unemployment and credit crisis. Besides, blindly following foreign government's demands and their tricks may weaken India's independence which was once lost because of the greedy kings who sucked up to the British.
It is alarming that the Indian embassy does not accept notorised sworn documents from their own nationals. This twitch and tendency of dancing to the tune of foreign government must be stopped and requirements such as birth certificate to get visa must be abolished for good.
Once again my question was whether nonacceptance of sworn affidavit on Indian Stamped Duty paper
is a violation of constitutional rights of Indians and a contempt of due judicial process done by Indian embassies in the USA?

Technologist (Business owner)     18 June 2010

Someone told me that sworn notarised affidavit is only valid for courts and that too there has to be an oral testimony. Is this true? Also, when one says sworn notarised affidavit what is the answer when one asks “to whom it was sworn?

I would appreciate if learned lawyers give me an answer to these questions.

Technologist (Business owner)     19 June 2010

May I know why there is is a Non-Judicial Stamp paper? Is it valid to to have a swon notarised affidavit on a Non-Judicial Stamp paper?

Arvind Singh Chauhan (advocate)     19 June 2010

The affidavit which is submitted in court, is sworn and verified on judicial stamp paper only or on a plain paper affixing proper court fee ticket. Such affidevit may be verified by Notary or Oath Commissioners appointed by court.

But every affidevit which is to be presented before authorities other than court is sworn and verified on non judicial stamp paper.

1 Like

Technologist (Business owner)     25 June 2010

Why is it that Indian Embassies have a problem accepting passport issued by foreign government on which nationality, place of birth and date of birth are clearly written?

One of the recent criteria put out by the Indian Embassy is to have birth Certificate for all ! Many people of older generation did not have birth certificate from India as it was only compulsory after Registration of Births & Deaths Act, 1969 and they did not register their birth. They may not even have their SSLC( Secondary School Leaving Certificate) book after all these years. What is rationality of not accepting a government documeent which is a passport issued from another country?

Another question is that, is it possible to use an affidavit written on a Non-Judician stamp paper in court?


Thanks in anticipation of reply.

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