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SOCIO-LEGAL REVIEW
VOL. 17
sanitation and inadequate toilet facilities in camps lead to dirty septic tanks,
overflowing drains, common bouts of typhoid, malaria and diarrhoea.235
Government hospitals are located at a distance and Camp-Refugees notably face discrimination, even if they can reach them,236 and even then there
are no mental health facilities available to them.237 Finally, camp facilities are
unevenly distributed such that some have all amenities whereas others have
none.238 Women are especially vulnerable to sexual assault, loss of material
possessions, are tormented by the inability to feed their children, and disproportionately burdened with recreating a familial environment in camps.239
The most significant want for Camp-Refugees is of addressing their lack of
mobility, since they cannot move outside the camps freely.240 Camp-Refugees
concede that although the government has undertaken generous measures,
they do not have “normal” lives like citizens.241 For Camp-Refugees, normalcy would manifest in transport facilities, identity documents or resources
to move outside the camps.242 As mentioned above, Indian courts have recognised the government’s unfettered right to restrict refugee movement by echoing the legal positions taken in Hans Muller and Louis de Raedt. Further,
Camp-Refugees have often been suspected of having ties with the LTTE,243
and been detained in special LTTE camps,244 opening them up to increased
interactions with the police, prisons and penalties.245 Picking up from Bentz
235
236
237
238
239
240
241
242
243
244
245
ibid.
ibid.
Neeraja Sanmuhanathan ‘Tamil Women in the Home Away from Home: The Impact of
War Trauma on Psychological Wellbeing’ in Niro Kandasamy and others (ed) A Sense of
Viidu: The (Re)creation of Home by the Sri Lankan Tamil Diaspora in Australia (Palgrave
Macmillan 2020); Miriam George, ‘Sri Lankan Tamil Refugee Experiences: A Qualitative
Analysis’ [2013] 6 International Journal of Culture and Mental Health 170.
Chimni (n 5).
Niro Kandasamy, ‘Memory and War: Tamil Women’s Experiences of Sri Lanka’s Civil War’
[2019] 42 Ethnic and Racial Studies 2661; Asha Hans, ‘Sri Lankan Tamil Refugee Women in
India’ [1997] 16 Refuge: Canada’s Journal on Refugees 3; Judy Mayotte, Disposable People?
The Plight of Refugees (Orbis Books 1993).
1946 Act, s 3 (2) (e).
Chimni (n 5).
Chimni (n 5); Chowdhory (n 64).
As in Part II (b).
The Tamil Nadu government created special camps to detain LTTE supporters and cadres
as in 1946 Act, s 3 (2)(e); Arulinbathevar (n 115); Premavathy (n 121); Yogeswari v State of
TN 2003-1-LW(Crl) 352; Gnanaprakasam v Govt of TN 2014 SCC OnLine Mad 9001 : AIR
2015 Mad 65; Manoj v State of TN 1991 SCC OnLine Mad 605 : 1992 Cri LJ 2053; TNN,
‘7 Refugees Freed from Chengalpet Special Camp’ (The Times of India, 29 August 2012)
<https://timesofindia.indiatimes.com/city/chennai/7-refugees-freed-from-Chengalpet-special-camp/articleshow/15909626.cms> accessed 28 July 2021.
Kalavathy (n 121); State v V. Jayachandra, (1997) 10 SCC 70; T. Udhayakala v Special
Deputy Collector, Mandapam Refugee Camp, (2018) 2 MLJ (Crl) 129; Sreekumar Kodiyath
and Sheethal Veetil, ‘Invisible People: Suspected LTTE Members in the Special Refugee
Camps of Tamil Nadu’ [2017] 36 Refugee Survey Quarterly 126; Baulah Shekhar and Vijaya
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