CAA Is Against Tamil Race; Exclusion Of Tamil Refugees From Sri Lanka Illogical: DMK Tells Supreme Court

The Affidavit filed by DMK's Organising Secretary, RS Bharathi states that the CAA is arbitrary as it relates to only three countries, that is Pakistan, Afghanistan and Bangladesh and confined to solely only six religions i.e., Hindu, Sikh, Buddhist, Jain, Parsi and Christian community and expressly excludes Muslim religion. Even while considering religious minorities, it keeps such Tamils of Indian origin who are presently staying in India as refugees after fleeing from Sri Lanka due to persecution, DMK states.

The 2019 Act amends the Citizenship Act 1955 to liberalize the norms for granting citizenship to non-Muslim migrants who came to India from Pakistan, Bangladesh and Afghanistan before December 31, 2014. The Centre has said that the Act is intended to protect minorities who migrated from these countries due to fear of religious persecution.

DMK, which is one among the over 200 petitioners who have challenged the Act, has contended that there is no rationale in confining the benefit of the amendment to only three countries. The party has argued that it is an arbitrary classification as minorities who are facing similar persecution in other neighbouring countries are excluded.

Giving a background into the ground realities, the affidavit states that the tension between Sinhalese and Tamil population in Sri Lanka has deep historical roots. There are two separate Tamil communities in Sri Lanka - Sri Lankan Tamils and Indian Tamils, though they both are of the same ethnic origin and speak the same language, the Indian Tamils were introduced to Ceylon from South India by a British as bonded labor. The Sinhalese population of Sri Lanka, which is a Buddhist majority has historically considered the Tamils as invaders infringing on Sinhalese territory.

The Affidavit states that in order to resolve the citizenship issues faced by 9,75,000 Indian Tamils residing in Sri Lanka, in 1964, an agreement was entered into by the Indian government and Sri Lankan government on the status and future of persons of Indian origin in Ceylon by an exchange of letters also called as 'Shirimavo-Shastri Pact'.

The Central Government's counter affidavit dated October 30, 2022 has categorically remained silent to the plight of Tamil refugees, DMK argues.

"I humbly submit that the step motherly behavior of respondent number one towards Tamil refugees has left them living in constant fear of deportation and an uncertain future."

Adding on, the affidavit informs that being stateless, they have been denied of employment in the government services are in organized private sectors, the right to hold property the right to vote and enjoyment of government benefits received by many citizens and others, despite being there being an agreement for the same.

"…Due to such an ambiguity, they are forced to stay in camps where they are often exploited, having no prospects of security in future. The lack of jobs, access to basic rights and amenities have left these refugees handicapped and destroyed."

Further, it says that the request for citizenship by these Tamil refugees who have spent years in refugee camps have fallen on deaf ears of the Central Government.

According to DMK, the CAA introduces a completely new basis for the grant/non grant of citizenship on the grounds of religion, which destroys the basic fabric of secularism.

"There are no reasons as to why Muslims were altogether excluded, even in the six countries wherein they have suffered from persecution."

The CAA, the affidavit says, firstly gives undue advantage and benefits to illegal migrants, while failing to achieve the real objective of the enactment, that is to provide support to persons persecuted on the grounds of religion. Secondly, such classification is being made applicable only to Pakistan, Afghanistan and Bangladesh having no rational nexus with policy and object of the influence act, despite clause (9) of the Sri Lankan Constitution itself gives importance to Buddhism all over other religions.

The CAA is against the Tamil race and keeps out some similarly placed Tamils who are residing in Tamil Nadu from the purview of the Act, the ruling party contends.

"I further submit that the impugned Act ignores the reality for several decades that Tamil refugees who have settled in Tamil Nadu are deprived with fundamental rights and other rights due to non-citizenship and due to non-naturalization and the impugned Act does not provide any reasons to exclude them."

Case Title: DMK Vs UOI | Writ Petition (Civil) 1539/2019