Source: The Hindu

Introduction

The Madras High Court has affirmed citizenship of a person of Indian origin seeking Indian Citizenship who was treated as Sri Lankan refugee and was living in Sri Lankan Refugee Camp. The bench of Justice G R Swaminathan of Madurai Bench granted him citizenship in the case of T Ganesan v. Government of India and Others (2023).

What is the History Behind Tamilians of Indian Origin Staying in Sri Lanka?

• Demographic Composition:
  • The court mentioned that the demographic composition of Sri Lanka is characterized by a majority of Sinhalese and a minority of Tamils.
  • However, Tamils do not form a single homogeneous group; a significant portion of them are indigenous to Sri Lanka, particularly from the northern and eastern regions.
  • Another segment of the Tamil-speaking population in Sri Lanka consists of descendants of laborers who migrated from Tamil Nadu to work on tea estates in Sri Lanka during the 19^th century.
    • Upon Sri Lanka gaining independence, this group faced statelessness.
• Agreement of 1964:
  • The status and future of individuals of Indian origin in Sri Lanka were the focus of multiple agreements between the governments of India and Sri Lanka.
  • The first agreement was established on 30^th October 1964, addressing the complex situation of these individuals in Sri Lanka.
• Citizenship Based on Agreement of 1964:
  • In the 1970s, the Indian government allowed 5,25,000 people and their children from Sri Lanka to return to India and become citizens.
  • The Sri Lankan government agreed to grant citizenship to 300,000 people, while the fate of the remaining persons was initially undecided.
  • In 1974, both governments decided that 50% of the remaining persons would get Sri Lankan citizenship, and the rest would be sent back to India with citizenship.
• Petitioner’s Claim:
  • A petitioner claims to have applied in 1970 at 16 years old and received passport in 1982 from the Indian office in Kandy. This passport is important evidence for the petitioner's case.
• Agreement of 1974:
  • In 1974, another agreement was entered into between the two governments. In the said agreement, it was agreed that of the remaining 1,50,000 persons, Sri Lankan Government was to grant citizenship to 50% of them and the remaining 75,000 together with the natural increase in that number were to be repatriated to India and citizenship conferred on them.
  • Later, the Government of India undertook to repatriate 600,000 people. However, citizenship was only conferred on 461,639 Indian Origin Tamils (IOTs). Nevertheless, the petitioner was still not considered an Indian citizen.

What was the Matter in T Ganesan v. Government of India and Others?

• The petitioner was living at Irumboothipatty, Sri Lankan Refugee Camp in Karur District.
• He reached India in the year 1990 following the intensification of hostilities between the Sri Lankan Army and LTTE.
• The petitioner's case is that he is an Indian Citizen and sought confirmation of the same from the Government regarding which he filed a writ petition in court where the court disposed of his writ giving directions to the Government of India to consider his representation.
• Pursuant thereto, an order came to be passed stating that the material placed by the petitioner is not sufficient to come to any conclusion that he is an Indian Citizen.
• Then he filed a writ petition before Madras HC into which Article 8 of the Constitution of India was discussed by the Amicus Curie along with other contentions.

What is Article 8 of the Constitution of India, 1950?

• Article 8 is enshrined under Part II of the Constitution which deals with Citizenship.
• Article 8 talks about the Rights of citizenship of certain persons of Indian origin residing outside India.
• The Article mentions that Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

What were the Conclusions Made by the Madras High Court?

• The HC held that it is high time the petitioner's status as Indian citizen is recognized.
• But mere recognition is not sufficient. He is also entitled to the rehabilitatory measures announced by the Government of Indian for Sri Lankan repatriates.
• Only if such assistance is extended to the petitioner and his family, he can seamlessly integrate into the mainstream.