High Court's decision on Indian citizenship of Sri Lankan Tamil refugees

Why in the news?

• The Madurai Bench of the Madras High Court has directed the Central Government to consider the application for Indian citizenship of a Sri Lankan Tamil refugee 'Mathin'.

Background of the case

• Mathin was born in Jaffna, Sri Lanka in 1975.
  • Her parents were Tamils ​​of Indian origin.
  • In Sri Lanka, she was kept in a refugee camp and was not given Sri Lankan citizenship.
• When the civil war broke out in Sri Lanka in 1984, Mathin came to India with her family to save her life.
  • In India too, she was kept in a refugee camp and was identified as a Sri Lankan citizen.
• She had applied for Indian citizenship in 2019, but no decision was taken on it.

High Court's comment

• The High Court said that she got married here, and her children were also born in India.
• Keeping these facts in mind, it is necessary to seriously consider their citizenship application.
• Instructions to Home Ministry:
  • Justice GK Ilanthiraiyan has directed the Home Ministry Secretary to give a decision on Mathin's citizenship application within 12 weeks.

Possible impact of the comment

• This decision can also become an example for other Sri Lankan Tamil refugees.
  • For those who have been living in India for a long time and are trying to get Indian citizenship.

People of which communities live in Sri Lanka?

• Mainly two communities live in Sri Lanka-
• Sinhalese
• Tamil
  • Sri Lankan Tamils
  • Indian origin Tamils
• In Sri Lanka-
  • 74.9% Sinhalese
  • 11.2% Sri Lankan Tamils
  • 4.2% Indian Tamils

How did Tamils ​​reach Sri Lanka?

• Sri Lankan Tamils:
  • The ancestors of Sri Lankan Tamils ​​came to Sri Lanka from South India (mainly Tamil Nadu) centuries ago and settled there.
  • These people have been living there since ancient times in Sri Lanka and are also called "Eelam Tamils".
• Indian origin Tamils:
  • They were brought to Sri Lanka by the British from Tamil Nadu (India) in the 19th and 20th centuries.
  • Their main purpose was to work as laborers in tea, rubber, and coffee plantations.
  • They were always considered 'outsiders' in Sri Lanka.
    • Both Sinhalese and Sri Lankan Tamils ​​were not ready to accept them as their own.

 Sinhalese and Tamil dispute

• There have been historical and cultural differences between the Sinhalese and Tamil communities.
  • This led to violence and civil war from 1983 to 2009.

Tamils ​​of Indian origin:

Situation after independence

• Sri Lanka became independent in 1948, but Tamils ​​of Indian origin were not given citizenship.
• They were declared 'stateless' as citizens of no country.

India-Sri Lanka Accords

• Agreements were signed between India and Sri Lanka in 1964 and 1974, in which it was decided to give Indian citizenship to 6 lakh Tamils ​​of Indian origin.
  • Due to civil war and other reasons in Sri Lanka, this agreement could not be fully implemented.

Law of 2003

• Under a law in 2003, citizenship was given to those Tamils ​​who came to India before 1982.
  • Tamils ​​who came after 1983 were declared 'illegal migrants'.

Civil war and migration

• Civil war continued in Sri Lanka from 1983 to 2009.
• During this period, thousands of Tamil people came to India to save their lives.

Status of refugees in India

• There is no special law for refugees in India.
• Because of this, there is no clear path for Tamil refugees from Sri Lanka to get citizenship or permanent residence.