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Madras High Court on Srilankan Refugees
March 17 , 2024
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- The Madras High Court refused to issue a general direction to the Centre to grant Indian citizenship to all children born at the special camps for Sri Lankan refugees in Tamil Nadu.
- An Indian citizenship was granted to Indian origin Tamils as per the terms of Sirimavo - Shastri Agreement of the year 1964 and the Sirimavo - Gandhi Agreement of the year 1974.
- Then, the issue was dealt with under Section 5(1)(b) of the Citizenship Act of 1955, applicable to people of Indian origin.
- However, the statutory time limit for making an application under the Sirima - Shastri pact of 1964 was fixed to be October 31, 1981.
- The Indian Origin Tamils who had failed to apply before the cut-off date were not entitled to get Indian citizenship even under Section 5(1)(b).
- A foreigner who had entered India without valid travel documents and remained beyond permitted period of time would be considered only an illegal migrant under Section 2(1)(b) of the Citizenship Act of 1955.
- Section 3(1)(c) of the Citizenship Act of 1955 clearly states that those who were born in India after the commencement of the 2003 amendment could claim citizenship by birth only if both the parents were Indian citizens or if one of the parents was an Indian citizen and the other was not an illegal migrant.
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