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SOCIO-LEGAL REVIEW
VOL. 17
B. Role of courts in extending Indian citizenship for Sri Lankan
Tamil refugees
Rulings by Indian courts on citizenship issues of Camp-Refugees and stateless persons are a mixed bag. However, the role of courts is of paramount
importance in charting paths to inclusive citizenship generally, and specifically
for Camp-Refugees because the State has unfettered discretion in dealing with
these groups under present law.275
First, in Sasikumar,276 the Madras High Court (“HC”) held that a Sri Lankan
Tamil refugee born in India was a citizen under the 1955 Act since they were
born in India on March 10, 1987.277 In a similar vein, the noteworthy Namgyal
Dolkar decision held that children of Tibetan refugees born in India after
January 26, 1950, and before July 1, 1987, are Indian citizens by birth.278
Although these decisions seem like a stride forward for stateless persons’
citizenship in India by the court’s reading, a close reading of Section 3 reveals
that the petitioners in Sasikumar and Namgyal Dolkar were eligible for citizenship by the simple fact of their birth in India. The courts in both cases were
tasked with interpreting textbook illustrations of Section 3(1)(a), under which
all persons irrespective of all other factors (like the citizenship status of their
parents, religion of the applicant) are Indian citizens if they are born in India’s
territory after January 26, 1950, and before July 1, 1987.279 Section 3 only complicates requirements for persons born after July 1, 1987, by looking into one
As in Part III (a).
M Sasikumar v State of TN (2009) 5 Mad LJ 167.
277
1955 Act, s 3 (1) (a).
278
Namgyal Dolkar v Govt of India, Ministry of External Affairs 2010 SCC OnLine Del 4548 :
(2010)
12 DRJ 749; this stance has been followed by other HCs as well as in Tibetan Review, ‘Third
High Court in fourth case upholds Tibetans’ Indian citizenship status’ (15 March 2017)
<https://www.tibetanreview.net/third-high-court-in-fourth-case-upholds-tibetans-indian-citizenship-status/>; Namgyal Dolkar also received executive recognition in 2017 when the government allowed applications from Tibetan refugees born in India after January 26, 1950,
and before July 1, 1987, for Indian citizenship as in Phuntsok Wangyal v Ministry of External
Affairs 2016 SCC OnLine Del 5344 and Tenzin Passang v Union of India 2017 SCC OnLine
Del 12865 : (2017) 240 DLT 649; however, despite allowance for applications from Tibetan
refugees, the bureaucratic procedure was quite technical. Tibetan applicants had to abide by
certain conditions, including a prohibition on returning to original refugee settlements and
renouncing certain benefits in writing. These conditions discouraged many Tibetans from
applying because they wished to visit refugee settlements or could not afford to relinquish
governmental benefits. For instance, one refugee had to support her parents financially and
could not afford to live outside the refugee settlement. These executive impediments show that
court rulings by themselves are not sufficient for refugees to attain citizenship as in Abhinav
Seetharaman, ‘Tibetan refugees in India: The challenges of applying for Indian citizenship’
[2020] 54 Revue d’Etudes Tibétaines <http://himalaya.socanth.cam.ac.uk/collections/journals/
ret/pdf/ret_54_05.pdf> accessed 28 July 2021.
279
1955 Act, s 3
275
276
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