Indian citizenship and the Plight of Sri Lankan Tamil Refugees
Context:
Recently, the Union Ministry of Home Affairs was instructed to consider the Indian citizenship application of a Sri Lankan Tamil refugee, who has been residing in India since 1984, by the Madurai Bench of the Madras High Court .
Relevance:
GS-02 (Indian Polity)
Background:
- The British moved some of the Indian-origin Tamils to Sri Lanka as plantation labourers during colonial times.
- However, these Indian Tamil’s were marginalised by the indigenous Sinhalese and other native Tamil communities.
- After Sri Lanka got its independence in 1948, the dominant Sinhalese community denied citizenship to the Indian Tamils.
- Meanwhile, pacts (Sirimavo-Shastri Pact, 1964, and Sirimavo-Indira Gandhi Pact, 1974) were signed to grant citizenship to those Indian Tamils, but due to the Sri Lankan civil war, it all came to a standstill.
- Refugees who fled the war (1983–2009) remain ineligible for Indian citizenship under current laws, with no formal refugee framework ensuring their rights.
- The Madras High Court, in key rulings, has emphasised the need for a humanitarian approach, citing constitutional rights and the principles of the Citizenship (Amendment) Act, 2019, to address their plight.
Acquisition of Indian Citizenship
- India’s citizenship is governed by the Citizenship Act, 1955.
- It lays down two principles: jus soli (citizenship by birth) and jus sanguinis (citizenship by descent).
- Citizenship can be acquired through the following modes:
- By Birth:
- Born between 26th January 1950 and 1st July 1987: Automatically a citizen, regardless of parentage.
- Born between 1st July 1987 and 2nd December 2004: At least one parent must be an Indian citizen.
- Born after 3rd December 2004: Both parents must be Indian citizens, or one parent must be Indian while the other is not an illegal migrant.
- By Registration: Citizenship may be granted under specific conditions, such as:
- Individuals of Indian origin residing in India for at least 7 years.
- Persons of Indian origin living abroad in regions formerly part of undivided India.
- Spouses of Indian citizens residing in India for 7 years.
- Minor children of Indian citizens.
- By Descent:
- Born outside India after 26th January 1950: Eligible if the father is an Indian citizen by birth.
- Born between 10th December 1992 and 2nd December 2004: Either parent must be an Indian citizen by birth.
- Born after 3rd December 2004: Parents must declare the child does not hold another passport, and the birth must be registered at an Indian consulate within one year.
- By Naturalisation: Requires a minimum of 12 years of residence in India and fulfilment of the conditions specified in the Citizenship Act’s Third Schedule.
Related Posts
G20
Posted on
