192 SOCIO-LEGAL REVIEW VOL. 17 IV. THE WAY FORWARD FOR INDIAN CITIZENSHIP LAW AND SRI LANKAN TAMIL REFUGEES’ CITIZENSHIP A. Pathways to Indian citizenship for Sri Lankan Tamil refugees At the outset, this section explores pathways to citizenship in the present scenario wherein Indian citizenship law continues to remain in a state of flux. The contemporary instability in citizenship law has to do with the backlash against the 2019 Act, the SC’s decision on the future of the NRC and the FTs, and the potential of legal recognition for stateless persons and refugees in India. Thus, this paper recommends these pathways in the interim period for Camp-Refugees till the government undertakes a holistic overhaul of citizenship law.256 There is no universal route to Indian citizenship for all Camp-Refugees. This section provides pathways which may be explored to cater to the specificities of each group; first, Jaffna Tamils and Estate Tamils,257 and second, camp children.258 In citizenship determination for Camp-Refugees, factors like their nationality, possession of Sri Lankan citizenship and parents’ place of birth are relevant. First, Jaffna Tamils and Estate Tamils were not born in India and cannot claim birthright citizenship.259 Second, most of the members of each group cannot seek citizenship by descent since their parents were Sri Lankan citizens.260 Third, from the date of the enactment of the 2004 Amendment, January 1, 2004, they cannot naturalise or register themselves as citizens because they are considered illegal migrants.261 Fourth, they may apply as refugees fleeing religious persecution under the LTV Guidelines at the discretion of the State.262 256 257 258 259 260 261 262 Further recommendations are discussed infra in Part IV (c). First, it is imperative to note the similarities and differences between Estate Tamils and Jaffna Tamils, wherein the most significant difference is that the former are stateless, and the latter are refugees in India. This is because several Jaffna Tamils hold Sri Lankan citizenship on paper, but are refugees in India in light of the religious and linguistic persecution they faced. However, Estate Tamils are divided; some are stateless, and others are Sri Lankan citizens. Despite this difference between refugeehood and statelessness, Indian citizenship requirements for both groups are similar as in Chowdhory (n 64); Shastri (n 69); discussed in detail in part II (b). Since the ‘repatriates’ already hold Indian citizenship, this paper shall not discuss them. 1955 Act, s 3. 1955 Act, s 4. 1955 Act, s 5, s 6; Kakarala and others (n 8); this group includes those who married Indian nationals. Long-Term Visa Guidelines, s 5; for Jaffna Tamils, the persecution is the danger of the civil war, whereas for Estate Tamils, the persecution includes the Ceylon Citizenship Act, 1948 and the civil war.