INDIAN CITIZENSHIP FOR SRI LANKAN TAMIL REFUGEES
The Madurai Bench of the Madras High Court recently directed the Union Ministry of Home Affairs to review the Indian citizenship application of a Sri Lankan Tamil refugee who has been living in India since 1984. This decision highlights the challenges faced by long-term refugees and their struggle for legal recognition.
Background of Sri Lankan Tamil Refugees
- Colonial History: Indian-origin Tamils were brought to Sri Lanka by the British for plantation work.
- Social Marginalization: These communities faced discrimination from both Sinhalese and native Tamils.
- Post-Independence Challenges: After Sri Lanka gained independence in 1948, Indian-origin Tamils were denied citizenship and rendered stateless.
- Bilateral Agreements: The Sirimavo-Shastri Pact (1964) and Sirimavo-Indira Gandhi Pact (1974) aimed to grant Indian citizenship to some Tamils, but progress stalled.
- 1983 Civil War Exodus: Thousands of Sri Lankan Tamils fled to India during the conflict between the LTTE and the Sri Lankan government.
Challenges Faced by Sri Lankan Tamil Refugees in India
- Legal Uncertainty: Lack of refugee laws leaves them without clear citizenship pathways.
- Court Interventions:
- Ulaganathan vs Government of India (2019): Denial of citizenship violates Article 21 (Right to Life).
- Abirami S. vs Union of India (2022): Advocated a humanitarian approach to granting citizenship.
- Exclusion from CAA 2019: Sri Lankan Tamil refugees are not included in the Citizenship Amendment Act (CAA), which grants citizenship to religious minorities from Afghanistan, Bangladesh, and Pakistan.
Current Legal Provisions for Citizenship in India
Indian citizenship is governed by the Citizenship Act, 1955, through the following means:
By Birth:
- Born before 1987: Citizenship granted irrespective of parents’ nationality.
- Born between 1987-2004: At least one parent must be an Indian citizen.
- Born after 2004: Both parents must be Indian citizens or one must not be an illegal migrant.
By Registration:
- A person of Indian origin residing in India for 7 years.
- Spouse of an Indian citizen residing in India for 7 years.
By Descent:
- Children born abroad to Indian parents can claim citizenship if registered at an Indian consulate within one year.
By Naturalization:
- Requires 12 years of residence and adherence to specified conditions.
Statelessness and Its Challenges
- Lack of Basic Rights: No access to education, healthcare, and social welfare.
- Legal Vulnerability: Prone to exploitation and abuse.
- Economic Hardships: Restricted access to formal employment and financial services.
- Social Exclusion: Limited integration and opportunities in the host society.
- Generational Impact: Stateless status can be inherited, perpetuating poverty and uncertainty.
India’s Approach to Refugees
Historical Context: India has hosted refugees from Tibet, Bangladesh, Sri Lanka, and Myanmar.
Challenges Faced:
- No formal refugee law.
- Security concerns due to porous borders.
- Strain on resources and infrastructure.
Recommendations for Resolving Refugee Issues
Legislative Action:
- Amend citizenship laws to include Sri Lankan Tamils under humanitarian grounds.
- Formulate comprehensive refugee laws to provide legal clarity.
Simplified Naturalization Process:
- Reduce residency requirements.
- Offer special provisions for long-term residents.
Humanitarian Considerations:
- Recognize their contributions and ensure dignity.
- Provide access to welfare schemes and public services.
International Cooperation:
- Engage with Sri Lanka to address refugee concerns.
- Work with international organizations for refugee resettlement programs.
Public Awareness Initiatives:
- Encourage social inclusion through awareness campaigns.
- Promote employment opportunities and skill development programs.
Conclusion
Sri Lankan Tamil refugees have contributed to India’s economy and society for decades. A compassionate and structured approach is necessary to provide them with citizenship and legal recognition, ensuring their integration into Indian society.