HC decision on Sri Lankan refugees -End the uncertainty

Source: The post HC decision on Sri Lankan refugees has been created on the article “End the uncertainty-Centre’s proactive approach to resolve issues of Sri Lankan repatriates is must” published in “The Hindu” on 14th December 2023.

UPSC Syllabus Topic: GS paper 3- security- internal security

News: The article discusses a court decision in India granting citizenship to T. Ganesan, a long-time Sri Lankan refugee. It highlights the broader issue of many refugees in similar situations and the government’s role. The article suggests steps for helping eligible refugees gain citizenship or return to Sri Lanka voluntarily.

What is the Madras High Court’s position on Sri Lankan refugees?

The Madras High Court has taken a proactive and compassionate stance towards refugees, particularly those from Sri Lanka seeking refuge in India. A notable example of this is the case of T. Ganesan.

The court has been actively involved in similar cases, as evidenced by the approximately 5,130 citizenship applications from Indian Origin Tamils that it has acknowledged.

These efforts by the Madras High Court are significant, considering the larger context of around 91,000 refugees in Tamil Nadu, with close to 58,000 residing in camps.

This approach showcases the court’s understanding and responsive attitude towards the challenges faced by refugees in India.

What is the government’s position on Sri Lankan refugees?

Generally, refugees are considered illegal migrants, but they are still entitled to certain benefits.

The government follows the principle of non-refoulement, ensuring that refugees are not forced to return to places where they might face serious threats.

While the Citizenship (Amendment) Act of 2019 excluded Sri Lankan refugees, the government shows a preference for voluntary repatriation of these refugees back to Sri Lanka.

What is the legal framework for refugees in India?

Read here

What should be done?

The Union government should identify eligible refugees and confirm the consent of these refugees for citizenship, respecting their choice and circumstances.

Issue passports to those recognized as Indian citizens, following the Madras High Court’s lead in cases like T. Ganesan’s.

Allowing eligible refugees to pursue higher education or work abroad, provided they have no criminal record.

Engage in discussions with the Sri Lankan government to arrange voluntary repatriation.

Adopt a proactive approach to ensure refugees lead a life of dignity, reflecting the Madras High Court’s empathetic stance.

Question for practice:

Evaluate the role of the Madras High Court and the Indian government in addressing the issue of Sri Lankan refugees.