Mentor’s Comment

The recent Immigration and Foreigners (Exemption) Order, 2025, marks a turning point in India’s refugee policy, particularly concerning Sri Lankan Tamil refugees. While it offers legal relief, many gaps remain in ensuring citizenship, dignity, and durable solutions. This article explores the issue through a UPSC lens, connecting it with governance, international relations, and humanitarian concerns.

Introduction

The Union Ministry of Home Affairs notified the Immigration and Foreigners (Exemption) Order, 2025, exempting specified groups from passport and visa requirements for entering, staying, and exiting India. For the first time, Sri Lankan Tamil refugees, who have lived in Tamil Nadu since the 1990s, find explicit mention, gaining protection from forcible repatriation. However, questions of legal status, citizenship, and long-term rehabilitation remain unresolved, making this both a humanitarian and policy challenge.

Why in the News

For over three decades, Sri Lankan Tamil refugees have lived in India without a clear roadmap for citizenship or repatriation. The 2025 Order gives them temporary relief but does not resolve their “illegal migrant” status. This is significant because, unlike the six religious minorities from Afghanistan, Bangladesh, and Pakistan who received relief under the Citizenship Amendment Act (CAA), the Sri Lankan Tamils had been left out earlier. The recognition in 2025 is thus both a success and a reminder of unaddressed policy gaps.

What Does the New Immigration Order Provide?

1. Exemption Granted: Nationals of Nepal and Bhutan, Tibetan refugees, six religious minorities from Afghanistan, Bangladesh, Pakistan, and Sri Lankan Tamils are exempted from strict passport and visa rules.
2. Historical Reference: Refugees must have entered India before January 9, 2015, and registered themselves to avail of the benefit.
3. Protection from Forcible Return: This safeguards Sri Lankan Tamils from involuntary repatriation after decades of uncertainty.

Why Are Sri Lankan Tamil Refugees a Special Case?

1. Civil War Displacement: Many fled to Tamil Nadu in the 1990s during Sri Lanka’s civil war.
2. Post-war Welfare: Both Union and Tamil Nadu governments provided welfare after the civil war ended in 2009.
3. Exclusion from CAA 2019: Unlike refugees from Afghanistan, Pakistan, and Bangladesh, Sri Lankan Tamils were excluded from citizenship benefits.

What Legal Hurdles Do Refugees Still Face?

1. Illegal Migrant Tag: Despite the order, they remain classified as “illegal migrants” under Indian law.
2. Citizenship Barriers: They cannot easily apply for citizenship under Section 5 (registration) or Section 6 (naturalisation) of the Citizenship Act, 1955.
3. Long Term Visa (LTV) Gap: Exclusion from LTV eligibility blocks access to gainful employment and higher education.
4. Missed Precedent: Tibetan refugees receive certificates of identity, which could serve as a model for Sri Lankan Tamils.

What Are the Policy Options Ahead?

1. Liberalisation of LTVs: Extending LTVs to Sri Lankan Tamil refugees would facilitate education and jobs.
2. Voluntary Repatriation: India and Sri Lanka can collaborate on structured assistance for safe return.
3. Local Integration: For those unwilling to return, gradual local integration with a humane approach can be considered.
4. Model Replication: Certificates of identity, as given to Tibetan refugees, can help provide dignity and legal standing.

Conclusion

The 2025 Immigration Order is a step forward, but it leaves critical questions unresolved. Sri Lankan Tamil refugees deserve a humane, durable solution, whether through voluntary repatriation with assistance, or integration with rights and dignity. India, while balancing domestic concerns and foreign relations with Sri Lanka, must craft a policy that reflects compassion, legality, and long-term stability.

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