In India, citizenship by birth is a constitutional right, yet a significant minority—particularly among the elderly, rural poor, and those affected by historical gaps—face harsh legal and social invisibility due to missing supporting documents. These individuals are undeniably Indian citizens under the law, but without proof like birth certificates, they are often barred from fully exercising their rights. This “documentation gap” persists in early 2026, even as digitization drives near-universal coverage for recent births.
A citizen of India is a person legally recognized as a member of the Indian nation, entitled to all rights and protections under the Constitution. The Constitution of India, through Articles 5 to 11, initially defines citizenship and its acquisition at the commencement of the Constitution, while the Citizenship Act, 1955 provides detailed provisions for acquiring citizenship by birth, descent, registration, naturalization, or incorporation of territory.
Generally, persons born in India on or before 1 July 1987 are citizens by birth, and those born after must meet conditions regarding the citizenship of their parents. Citizenship confers fundamental rights, such as the right to vote, access government services, and protection under the law, as well as duties like obeying the law and contributing to national welfare.
Under the Citizenship Act, 1955, Indian citizenship is acquired by birth, descent, registration, naturalisation, or incorporation of territory; the Act does not say that a birth certificate is legally required to establish citizenship.
Sustainable Development Goals 16.9 (SDG 16.9)
SDG 16.9 (part of Goal 16: Peace, Justice & Strong Institutions) states: By 2030, provide legal identity for all, including birth registration. This target ensures everyone—especially children and marginalized groups—has official proof of identity, unlocking rights, services, education, healthcare, and inclusion. Globally, over a billion people still lack it, but India’s Aadhaar and Civil Registration System (CRS) initiatives are driving strong progress toward this inclusive goal.
The Legal Framework
Under the Constitution of India and the Citizenship Act, 1955, citizenship by birth applies as follows:
- Persons born in India before July 1, 1987, are citizens by birth, regardless of parental nationality.
- From July 1, 1987, to December 3, 2004, at least one parent must be an Indian citizen.
- After December 3, 2004, both parents must be citizens, or one must be a citizen and the other not an illegal migrant.
Citizenship itself is not contingent on documents, but proving it in practice often requires evidence like birth certificates, which many lack.
Important clarification: Government statements (as of 2025–2026) emphasize that documents like Aadhaar, PAN, and ration cards prove identity and residence only, not citizenship or date of birth. Only birth certificates and domicile certificates are recognized as definitive proof of citizenship.
Causes of the Documentation Gap
The issue stems from systemic and socio-economic factors:
- Home births in rural/remote areas: Many older births occurred without hospital registration.
- Poverty and marginalization: Bureaucratic hurdles deter low-income families.
- Displacement and disasters: Floods, conflicts, or migration lead to lost records.
- Lack of awareness: Families often overlooked early registration in the past.
- Lack of necessity: In earlier times, there was little emphasis on formal identity or documentation; these requirements have become prominent only in recent years.”
While registration has improved dramatically—with the Civil Registration System (CRS) reporting a national average of ~98.4% for births in recent data (e.g., 2023 trends)—gaps persist among the elderly (born pre-digitization era), remote communities, and marginalized groups.
Challenges Faced by Undocumented Citizens
The lack of documents creates cascading barriers:
- Education: School enrollment often demands birth proof.
- Healthcare & welfare: Access to schemes like Ayushman Bharat or rations is restricted.
- Employment & finance: Formal jobs, bank accounts, and benefits require ID.
- Voting rights: Voter registration can be impossible without valid proof, leading to disenfranchisement (e.g., issues in voter list revisions in states like Bihar and now in West Bengal).
- Legal & travel issues: Proving identity in courts, emergencies, or for passports becomes daunting.
Recent passport rules (2025 amendments) make birth certificates mandatory as the sole proof of date of birth for those born on or after October 1, 2023, while alternatives remain available for older applicants.
Government Measures and Ongoing Limitations
India has advanced toward universal coverage:
- Aadhaar: Biometric ID for residents (including via introducers or Head of Family for those without documents); free online document updates (Proof of Identity/Address) extended until June 14, 2026, via the myAadhaar portal.
- Digital birth registration: Hospital-linked systems and online portals.
- Late registration: Allowed under the Registration of Births and Deaths Act, 1969, with provisions for non-availability certificates.
However, the classic “catch-22” of needing documents to get documents persists for some, especially the elderly. Aadhaar allows “declared” or “approximate” date of birth without proof, but it does not resolve citizenship verification needs.
The Human Cost
Undocumented citizens often face exclusion from welfare, social stigma, and uncertainty. Children (and now young adults) without birth certificates risk lifelong disadvantages in opportunities and mobility. In border states or migration-heavy areas, this intersects with broader debates on identity and migration.
The Way Forward
A comprehensive solution demands:
- Proactive outreach: Mobile registration camps in remote/marginalized areas.
- Simplified processes: Greater acceptance of affidavits, community certifications, or non-availability certificates.
- Legal protections: Safeguards ensuring fundamental rights are not denied solely due to missing papers.
- Awareness & digitization: Nationwide campaigns and full record integration.
Conclusion
Citizenship in India is a birthright, not a paperwork privilege. Yet for those born Indian but undocumented, it remains an unfulfilled promise. With CRS coverage nearing universal levels and ongoing pushes like extended Aadhaar updates, closing remaining gaps is more achievable than ever. Bridging this divide is essential for dignity, inclusion, and true equality—as India advances toward universal legal identity aligned with SDG 16.9, addressing this invisible struggle is both a governance necessity and a moral imperative.
