Jodhpur: The Rajasthan High Court has directed passport authorities to issue a passport to a 17-year-old student seeking to study abroad, holding that the absence of his father’s consent cannot deprive him of his right to travel and pursue education.
Justice Anoop Kumar Dhand passed the order on August 18 on a petition filed by the minor through his mother. The passport authorities had refused the application because it did not carry the father’s consent.
The Court noted that the petitioner’s parents had divorced in 2022 and that he had been living with his mother. His father had neither sought his custody nor applied for visitation rights.
‘Children Are Not Property of Their Parents’
Justice Dhand observed that “children are not property of their parents; rather they are independent individuals under the law. Parents are guardians and not owners.”
The Court held that the student’s future could not be made dependent on the consent of a father who had not sought custody or visitation.
Right to Travel Abroad Is Part of Article 21
The Court reiterated that the right to travel abroad is an integral part of the fundamental right to personal liberty under Article 21.
It observed that travelling abroad today “cannot be considered to be a fanciful affair but has become an essential requirement of modern life.” Denying the passport could seriously affect the student’s educational and career prospects.
The Court also pointed out that under the Passport Rules, a minor’s passport can be issued without both parents’ consent where the applying parent submits the prescribed Annexure-C affidavit.
Holding that “the future and career of the petitioner cannot be allowed to remain dependent upon the wish, will and desire of one of his parents,” the High Court allowed the petition and directed the passport authority to issue the passport forthwith without further delay.