Hindu Tamils Were Primary Victims Of Racial Strife In Srilanka; Principles Of CAA 2019 Applicable To Them: Madras High Court

In a significant observation, the Madras High Court (Madurai Bench) has said that the principles of the Citizenship (Amendment) Act 2019 can very well be made applicable to the Hindu Tamils who were the primary victims of the racial strife in Srilanka.

The bench of Justice G. R. Swaminathan observed thus as it took into account the fact that Srilanka does not fall within the ambit of CAA 2019, a parliamentary law that permits the persecuted minorities from Pakistan, Afghanistan, and Bangladesh to get Indian Citizenship. 

"The Parliament has recently amended the Citizenship Act. The persecuted minorities from the immediate neighborhood such as Pakistan, Afghanistan, and Bangladesh now have an opportunity of getting Indian Citizenship. Though Srilanka does not fall within the said amendment, the very same principle is equally applicable. One can take judicial notice of the fact that the Hindu Tamils of Srilanka were the primary victims of the racial strife," the bench remarked.

The bench was essentially dealing with the case of a 29-year-old girl named S. Abirami. Her parents (Srilankan Citizens) came down to India (before her birth) from Srilanka on account of the ethnic strife prevalent there. The petitioner/Abirami was born in December 1993 in a Nursing Home in Trichy and to date, she has been living in India, did her schooling in Tamil Nadu, and was issued with Aadhar Card.

However, she could not obtain Indian citizenship and when all her efforts had gone in vain, she moved the instant plea praying for a direction to the District Collector Tiruchirapalli to forward her application seeking Indian citizenship to the Secretary, Government of Tamil Nadu for eventual consideration by the Central Government.

Taking into account her pleadings and the facts of the case, the Court, at the outset, noted that though the petitioner is a descendant of migrant parents, she was born in India. Further, the Court noted that she has never been a Srilankan citizen and therefore the question of renouncing the same does not arise. The Court also stressed that if her request is not granted, that would lead to her statelessness.

Therefore, taking note of the principles of the Citizenship (Amendment) Act, the Court directed respondent 3 (District Collector Tiruchirapalli) to forward her application to the second respondent (The State of Tamil Naud) and further ordered the State Government to forward the same to the first respondent (Union of India).

Consequently, allowing the writ plea, the Court asked the UOI to take a call on the matter within a period of sixteen (16) weeks.

Case title - Abirami S v. The Union of India and others

Case Citation: 2022 LiveLaw (Mad) 432

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