Editorial 2: Exiting refugee status, getting back dignity

Context

India’s way of dealing with Sri Lankan refugees and Tibetan refugees is very different from each other.

Introduction

Two recent and unrelated events — one in India and one in Sri Lanka — have brought attention to the long-pending issues of whether Sri Lankan refugees in Tamil Nadu should be sent back or allowed to settle locally. The first event was in India, where the Supreme Court chose not to overturn a Madras High Court decision from 2022. That decision had reduced a refugee's jail term from 10 years to 7 years, even though he had been found guilty under the Unlawful Activities (Prevention) Act.

Key Developments Highlighting the Challenges Faced by Sri Lankan Refugees

• Case 1: Supreme Court Verdict in India
  • A Sri Lankan refugee, convicted under the Unlawful Activities (Prevention) Act, had his sentence reduced by the Madras High Court from 10 to 7 years in 2022.
  • He had earlier given a written commitment to leave India after completing the sentence.
  • However, he later approached the Supreme Court, requesting to stay in India due to personal reasons, as he had already served his term.
  • During the hearing, a two-judge Bench orally remarked that “India is not a dharamshala (free shelter)”, indicating reluctance to accept all refugees.
  • This comment surprised and upset refugee communities, as Indian courts have generally shown empathytowards refugees in the past.
• Case 2: Detention in Sri Lanka of a Returning Refugee
  • An elderly refugee, who had voluntarily returned to Sri Lanka after many years in Tamil Nadu, was detained at Palaly airport in Jaffna.
  • Authorities held him because he had earlier left Sri Lanka without valid travel documents.
  • This occurred despite the repatriation being facilitated by the UNHCR’s Chennai office.
  • The detention sparked outrage, leading to his eventual release.
  • Sri Lanka’s Transport Minister and JVP leader Bimal Rathnayake responded quickly, attributing the detention to an automatic legal provision and promised to amend the policy affecting such returnees.

Refugee Presence in India: Tibetan vs. Sri Lankan

• Around 90,000 Sri Lankan refugees live in Tamil Nadu, both inside and outside rehabilitation camps.
• Tibetan refugees, numbering around 63,170, have been in India for a longer period.
• Despite this, there are major differences in treatment and policies for both groups.

Differences in Arrival and Settlement

Union Government’s Policy Approach

• The Ministry of Home Affairs refers to repatriation as the final goal for Sri Lankan refugees in its reports.
• However, such language is not used for Tibetan refugees, who are seen as a community to be locally integrated.
• A clear policy shift is evident in the Tibetan Rehabilitation Policy (TRP):
  • TRP allows Tibetans to access welfare schemes.
  • It enables them to participate in employment programs and private sector jobs.

Missed Opportunities for Sri Lankan Refugees

• The Tamil Nadu government has extended welfare schemes to Sri Lankan refugees, but there is no national framework like TRP.
• Despite nearly 500 young Sri Lankan refugees in Tamil Nadu holding engineering degrees:
  • Only about 5% have jobs in their respective fields.
  • Private firms, especially in IT, hesitate to hire them due to lack of formal refugee integration policies.

Live up to the theme

• It has been over 40 years since the first group of Sri Lankan refugees arrived in India.
• Around two-thirds of the refugee population in Tamil Nadu still live in rehabilitation camps.
• There is a growing need for public debate on how long these camps should continue to operate.
• Despite the good intentions of both the Central and State governments,
  • living with the “refugee” label is not something a person with self-respect would want to carry forever.

Conclusion

Repatriation and local integration should be considered together as part of a comprehensive and lasting solution, to be developed by the authorities in close consultation with all relevant stakeholders, including the Sri Lankan government. The theme of this year’s World Refugee Day (June 20) is “solidarity with refugees,” but such solidarity will hold true meaning only when refugees are able to live their lives with dignity and respect.