The Supreme Court of India recently made a significant statement while rejecting a plea from a Sri Lankan Tamil refugee. Asserting that "India is not a Dharamsala" (charitable shelter) and cannot indefinitely host refugees from across the world.
This ruling is notable for its implications on India's refugee policy, national security and constitutional limitations on foreign nationals.
The petitioner Subaskaran is Sri Lankan Tamil who entered India and was convicted under the Unlawful Activities (Prevention) Act (UAPA) in 2018. He was accused of having links with the Liberation Tigers of Tamil Eelam (LTTE) a proscribed terrorist organization in both India and Sri Lanka. Originally sentenced to 10 years, his prison term was reduced to 7 years by the Madras high Court in 2022.
High Court's order
The High Court directed his deportation back to Sri Lanka immediately upon completion of his sentence. Until depotation, he was to remain confined in refugee camp.
Plea Arguments by Subaskaran
He claimed that returning to Sri Lanka would endanger his life due to past LTTE links and political repression against former rebels. He argued that his wife and children live in India, making his deportation inhumane and unjustice.
Bench Composition
Justice Dipankar Datta and K. Vinod Chandran heared the case.
Supreme Court's Rejection
The Court refused to intervene, upholding the High Court's order of deportation. Justice Dipankar Datta made a strong observation "is India to host refugees from all over the world? we are struggling with 140 crore. This is not a Dhramsala that we can entertain foreign nationals from all over".
Grants fast track Indian citizenship to non-Muslim persecuted minorities from Pakistan, Afghanistan and Bangladesh. Sri Lankan Tamil were excluded despite their decades long exile in India, especially in Tamil Nadu (about 1 lakh refugees live there). Thus, there is no structured pathway to citizenship for people like Subaskaran.
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