Under Section 9 of the Citizenship Act, 1955, once you voluntarily acquire foreign citizenship (in your case, Belgian citizenship), your Indian citizenship automatically ceases by operation of law. This is not optional and does not require any declaration from your side. What follows thereafter is only an administrative requirement—surrender of your Indian passport and issuance of a surrender certificate.
Section 8, on the other hand, is a voluntary renunciation provision, applicable where a person is still an Indian citizen and chooses to renounce. It is conceptually different from Section 9. In your case, since you have already acquired Belgian citizenship, you are no longer an Indian citizen in law—so invoking Section 8 is legally redundant.
Your concern regarding your minor child is also well-founded. Section 8(2) provides that when a person renounces citizenship, minor children may also lose citizenship, subject to later restoration. While in practice authorities often interpret this provision narrowly, the wording itself is broad enough to create ambiguity and risk. You are right to avoid triggering that route unnecessarily.
Now, coming to the Embassy’s insistence:
The Embassy cannot override the statute, but in practice, missions sometimes standardize processes through the online portal, which routes all cases through a “renunciation workflow,” even where the legal basis is cessation under Section 9. This is more of an administrative conflation, not a correct legal distinction.
The fact that other embassies (such as in the Netherlands) explicitly allow surrender without Section 8 strengthens your position. It shows that there is no uniform legal mandate requiring Section 8 in your situation.
Now, on what you can do—this is where strategy matters.
First, you should escalate beyond routine email responses. Instead of general queries, send a formal written representation (marked clearly as such) addressed to:
The Head of Chancery / Acting Head of Mission, and
Copy to the Consular Section
In this representation, clearly state:
that you have already ceased to be an Indian citizen under Section 9,
that Section 8 is not applicable in your case,
that invoking Section 8 creates unintended legal consequences for your minor child,
that other Indian missions follow Section 9-based surrender without Section 8, and
that you are willing to submit any declaration confirming foreign citizenship acquisition instead.
Avoid arguing emotionally—frame it as a legal inconsistency requiring clarification.
Second, if the Embassy remains rigid, you have the option of escalation within the system:
You may write to the Ministry of External Affairs (Consular, Passport & Visa Division) and also to the Ministry of Home Affairs (Foreigners/Citizenship Division). These authorities are above the Embassy and can issue clarifications or directions.
Third, on court remedies:
Yes, you can approach the court, but the practical route is important.
Since the Embassy is an arm of the Government of India, you can file a writ petition in India (under Article 226), typically before a High Court (Delhi High Court is commonly used for such matters), seeking:
a declaration that your citizenship ceased under Section 9,
a direction to process surrender without insisting on Section 8, and
protection of your minor child’s citizenship status.
Courts in India do entertain such matters, especially where administrative action conflicts with statutory provisions. However, litigation will take time and cost, so it is usually a last resort after escalation fails.
Fourth, a practical workaround (only if you want to avoid delay):
Some applicants proceed with the renunciation form but include a clarificatory declaration stating that:
citizenship has already ceased under Section 9, and
the renunciation is being filed only for procedural compliance without intending to affect minor children.
However, I would advise caution here, because the language of Section 8 is not entirely risk-free, and your concern about your child is legitimate.
In conclusion, your position is legally sound:
You are covered under Section 9 (automatic cessation),
Section 8 should not be mandatorily imposed,
Your concern regarding your minor child is valid and not hypothetical,
The Embassy’s insistence appears administrative, not statutory.
The correct approach is escalation within the system first, and if required, judicial intervention.
If you want, I can help you draft a strong formal representation or even structure a writ petition strategy so that the issue is resolved without risking your child’s status.
