The recent implementation of India's Citizenship Amendment Act (CAA) has sparked discussions and debates across the nation.

One particular question that has been raised by some sections is why Sri Lankan Tamils have not been included in the list of minorities eligible for citizenship under the CAA.

While this exclusion may seem perplexing to some, there are valid reasons behind this decision that require our understanding.

There is a genuine concern that if Sri Lankan Tamils were included in the CAA, they might be subjected to persecution in their home country which may compel them to move towards India.

In the long run this could create a cycle of displacement and further exacerbate the challenges faced by the Tamil population in Sri Lanka. The inclusion of Sri Lankan Tamils in the CAA could potentially lead to a situation that strips them of their voice and rights within their own country.

Furthermore, including Sri Lankan Tamils based on language as a criterion for the CAA could potentially open the floodgates for demands from tribal linguistic minorities in other neighbouring countries. For instance, linguistic minorities such as Baloch and Sindhis in Pakistan.

Sri Lankan Tamils share linguistic ties with the Tamil-speaking population in India, and including them in the CAA based on language could create other repercussions. This could pose challenges for India's diplomatic relations and could potentially complicate the delicate balance of ethnic and linguistic diversity in the region.

India has a rich tapestry of linguistic diversity within its own borders, with over 1,600 languages spoken across the country. While linguistic minorities in the sub-continent require genuine efforts for preservation and protection, CAA is not the solution for their problems.

Therefore, India's decision to exclude Sri Lankan Tamils from the CAA based on language is not just about the specific case of Sri Lanka but also about maintaining a strategic balance in the region. By avoiding a language-based criterion, India is able to focus the scope of the CAA on its original intent: “providing refuge to persecuted minorities based on religious grounds from countries that were part of pre-Independent India”.

Returning to the central theme of the act, one has to understand the definition of ‘refugees’ or ‘immigrants’ and how India perceives them constitutionally. India is not a signatory to the 1951 Convention relating to the Status of Refugees, under the United Nations High Commission for Refugees.

The government of India categorises all refugees within its borders as 'illegal migrants' and lacks specific laws regarding refugee status.

Consequently, Sri Lankan refugees who sought shelter in India due to the violence and persecution during the civil war from 1983 to 2009 are not eligible for Indian citizenship, regardless of their duration of stay in the camps.

In an effort to address the citizenship challenges of the 9.75 lakh Indian Tamils living in Sri Lanka, the Sirimavo-Shastri Pact was signed on 30 October 1964. Under this agreement, approximately 3 lakh individuals were to be granted Sri Lankan citizenship, while the Indian government was to facilitate the repatriation of 5.25 lakh people.

As of March 2023, there are 58,457 refugees in the camps in Tamil Nadu, and 33,735 refugees outside the camps. Most of the Sri Lankan Tamil refugees in India, either want to move back to Sri Lanka, or move away to a third country.

In an attempt to facilitate the latter, the National Democratic Alliance (NDA) government had persuaded the Sri Lankan counterparts to facilitate all country passports to Tamil refugees in India. This provided the option for Tamil refugees to obtain visas to any country from India itself.

The decision to exclude Sri Lankan Tamils from the CAA was not made in haste but with careful consideration of the complex realities and potential consequences.

It not only protects the interests of the Tamil community within India but also ensures that the delicate balance of relations with Sri Lanka remains intact. India's stance on the CAA not only reflects its commitment to protecting persecuted minorities but also demonstrates its role as a responsible regional power.

Those who desire fast-tracked Indian citizenship under this law are individuals from the Muslim majority countries who faced persecution due to their non-Muslim identity. In this context, India's decision to exclude Sri Lankan immigrants aligns with the foundational principles of the CAA.

The exclusion of Sri Lankan Tamils from India's CAA is a decision rooted in multiple considerations, including the rights and aspirations of the Tamil community, diplomatic relations, domestic stability.

It is a prudent step to avoid unintended consequences and preserve the interests of all stakeholders involved.

India's handling of this issue underscores its emergence as a strategic superpower in the subcontinent, capable of navigating complex challenges.

Gopinath Vijayaraj

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