Home > Polity
27 views 5 mins 0 comments

Court Directs Centre to Address Citizenship Application of Sri Lankan Tamil Refugee

In Polity
January 19, 2025
Sri Lankan Tamil Refugee

Context:
The Madurai Bench of the Madras High Court recently directed the Union Ministry of Home Affairs to address the citizenship application of a Sri Lankan Tamil refugee, Mathine, within 12 weeks. This case underscores the plight of stateless persons and highlights the legal avenues available under the Citizenship Act, 1955.

Key Developments

  1. The Petitioner’s Background:
    • Mathine, born in Jaffna, Sri Lanka, in 1975, fled to India in 1984 at the age of nine due to the ethnic strife in Sri Lanka.
    • Her family, identified as Indian-origin Tamils, lived as stateless persons in Sri Lanka and were housed in refugee camps.
  2. Legal Framework:
    • Mathine applied for Indian citizenship under Section 5(1)(a) of the Citizenship Act, 1955, which allows individuals of Indian origin residing in India for at least seven years to apply for citizenship by registration.
    • The petitioner’s application has been pending since 2022, with no significant progress made by the Ministry of Home Affairs.
  3. Court’s Directive:
    • Justice G.K. Ilanthiraiyan instructed the Union Ministry of Home Affairs to consider her application on merit and provide her an opportunity for a hearing.
    • The court emphasized that the decision must align with the legal provisions and be delivered within 12 weeks.

Legal and Humanitarian Considerations

  1. Statelessness and Identity:
    • Mathine and her family represent the challenges faced by stateless persons who lack citizenship rights in both their country of origin and the host country.
    • In Sri Lanka, they were denied citizenship and housed in camps as “Indians,” while in India, they were categorized as “Sri Lankans,” exacerbating their identity crisis.
  2. Compliance with the Citizenship Act:
    • The petitioner demonstrated compliance with Section 5(1)(a) of the Citizenship Act by proving her Indian origin, continuous residence in India for 40 years, and peaceful coexistence.
    • Her case reinforces the importance of expediting citizenship applications for eligible individuals under the law.
  3. Judiciary’s Role in Upholding Rights:
    • The court’s intervention highlights the judiciary’s role in ensuring that administrative delays do not deprive individuals of their fundamental rights and legal entitlements.

Implications of the Case

  1. Impact on Stateless Individuals:
    • This case could set a precedent for other Sri Lankan Tamil refugees and stateless persons seeking Indian citizenship under the Citizenship Act.
    • It emphasizes the need for clear administrative procedures and timely resolution of citizenship applications.
  2. Strengthening India’s Refugee Policy:
    • The case sheds light on gaps in India’s refugee management framework, particularly concerning stateless persons and long-term refugees.
    • It underscores the importance of integrating stateless individuals into the social and legal fabric of the country.
  3. Regional and Bilateral Relations:
    • Addressing the concerns of Sri Lankan Tamil refugees aligns with India’s historical and cultural ties with Sri Lankan Tamils.
    • Resolving such cases can strengthen India’s moral standing in addressing humanitarian crises and maintaining bilateral relations with Sri Lanka.

Key Provisions: Section 5(1)(a) of the Citizenship Act

ProvisionDetails
EligibilityPersons of Indian origin residing in India for at least 7 years.
Criteria for RegistrationMust meet the residency requirement and prove Indian ancestry.
Administrative ResponsibilityMinistry of Home Affairs processes the application after an inquiry.
Rights Granted Post-CitizenshipFull rights as Indian citizens, including the right to vote and own property.

Conclusion

The court’s directive to address Mathine’s citizenship application within 12 weeks underscores the urgent need to address the plight of stateless persons and refugees in India. By providing a legal resolution, this case highlights the importance of timely administrative action and the judiciary’s role in safeguarding individual rights. Moving forward, a robust and inclusive refugee policy is essential to address similar cases and ensure the integration of stateless individuals into society.

Source : The Hindu

Useful Links:

Israel-Hamas Ceasefire Agreement 2025

Related Post