Indian-origin Tamils - A pathway to citizenship for Indian-origin Tamils

• The Supreme Court of India has now posted the 232 petitions challenging the Citizenship (Amendment) Act (CAA) to be heard on December 6, 2022.
• However, there is another issue linked to the subject, i.e., the unresolved status of Indian-origin Tamils who repatriated from Sri Lanka.
• For over four decades, nearly 30,000 Indian-origin Tamils have been classified as stateless persons, based on technicalities. 
• Given their genealogical link to India, the Government of India needs to consider extending citizenship benefits to them in accordance with Indian bilateral obligations and international humanitarian principles and international conventions. 
• Under the British colonial government, Indian-origin Tamils were brought in as indentured labourers to work in plantations.
•  They remained mostly legally undocumented and socially isolated from the native Sri Lankan Tamil and Sinhalese communities due to the policies of the British. 
• After 1947, Sri Lanka witnessed rising Sinhalese nationalism, leaving no room for their political and civil participation. 
• They were denied citizenship rights and existed as a ‘stateless’ population, numbering close to 10 lakh by 1960. 
• As an ethno-linguistic minority without voting rights, this resulted in a double disadvantage till the two national governments addressed this issue.

Constitutional provisions for Citizenship in India: 

• Article 5: All those domiciled and born in India were given citizenship.
• Article 6: It provided the rights of citizenship of certain persons who have migrated to India from Pakistan.
• Article 7: Provided Rights of citizenship of certain migrants to Pakistan.
• Article 8: Provided Rights of citizenship of certain persons of Indian origin residing outside India. 
• Article 9: Provided that if any person voluntarily acquired the citizenship of a foreign State will no longer be a citizen of India.
• Article10: Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
• Article 11: It empowers Parliament to make any provision with respect to the acquisition and termination of citizenship and all matters relating to it.