Professional Documents
Culture Documents
ADITYA DESHMUKH
LL.M
PRN -21010143062
BATCH 2021-2022
ABSTRACT
Most Sri Lankan Tamil refugees in India have been dwelling in camps in the State of Tamil
Nadu for over two decades under every minute of every day police reconnaissance, following the
assassination of the Indian prime minister. This paper attempts to examine the trends in the Sri
Lankan refugee inflows to India and outflows back to Sri Lanka through official channels over
the last three decades, and the government-sponsored responses and mechanisms for their
welfare and rehabilitation. In addition, it examines the livelihood options and strategies of the
camp refugees based on a primary survey among 100 households and 12 in-depth case studies in
the selected refugee camps in Tamil Nadu. The study documents that they do have access to
relief assistance from the State Government on humanitarian grounds. Their livelihood strategies
include gainful employment activities outside the camp, reliance on social networks both in India
and abroad, short-duration or seasonal migration, and investment in human resources such as
children’s education. This study opines that integrating the Tamil refugees into local society
could be a durable solution for their future, especially for those who married Indian citizens and
who wish to remain in India.
INTRODUCTION
India has been receiving a large number of refugees from neighbouring countries such as Sri
Lanka, Tibet, Bangladesh, Bhutan, Burma, and Afghanistan, although it has no legislation to
regulate entry and status of refugees. In addition, India is not a signatory to the 1951 Geneva
Convention Relating to the Status of Refugee or its 1967 Protocol. This act aims to protect the
social and economic rights assigned to refugees by international laws and agreements. Under
India’s Foreigners Act, 1946 “refugee” is covered under “foreigner”, and the term is used to
1 A. Nair, National Refugee Law for India: Benefits and Roadblocks, Research Paper, New Delhi, Institute of Peace
and Conflict Studies, 2007, available at: http://www.ipcs.org/pdf_file/issue/51462796IPCSResearchPaper11-
ArjunNair.pdf (last visited 13 Sep 2019).
2 B.S. Chimni, “The Legal Condition of Refugees in India”, Journal of Refugee Studies, 7(4), 1994, 378–401.
3 USCRI, World Refugee Survey 2009: India, USCRI, Washington, 2009, available at: http://www.refugees.org/
resources/refugee-warehousing/archived-world-refugee-surveys/2009-wrs-country-updates/india.html (last visited
13 Sep 2019).
4 C. Valatheeswaran, “Livelihood Strategies of Sri Lankan Refugees in Tamil Nadu”, Unpublished MPhil
Dissertation, Jawaharlal Nehru University, New Delhi, 2010.
5 A. Dasgupta, “Long-term Camp Life and Changing Identities of Sri Lankan Women Refugees in India”,
Bangladesh e-Journal of Sociology, 2(2), 2005, 1–12.
6 S. Bhaumik, “The Returnees and the Refugees: Migration from Burma”, in R. Samaddar (ed.), Refugees and the
State: Practices of Asylum and Care in India, 1947-2000, New Delhi, Sage Publication, 2003, 182–210; R. Kharat,
“Gainers of a Stalemate: The Tibetans in India”, in R. Samaddar (ed.), Refugees and the State: Practices of Asylum
and Care in India, 1947-2000, New Delhi, Sage Publication, 2003, 281–320; A. Bose, “Afghan Refugees in India”,
Economic and Political Weekly, 39(43), 2004, 4698–4701; Y. Nakama, “Reproductive Health among Refugees:
Case Studies from New Delhi”, Economic and Political Weekly, 40(51), 2005, 5380–5385; C. Prasad, “Students
Movements in Arunachal Pradesh and the Chakma - Hajong Refugee Problem”, Economic and Political Weekly,
42(15), 2007, 1373–1379.
7 Dasgupta, “Long-term Camp Life”; S. Das, Refugee Management - Sri Lankan Refugees in Tamil Nadu (1983-
2000), New Delhi, Mittal Publication, 2005.
8 R. Chambers & G.R. Conway, Sustainable Rural Livelihoods: Practical Concepts for the 21st Century, Discussion
Paper, United Kingdom (UK), Institute of Development Studies, 1991, available at: http://graduateinstitute.
ch/webdav/site/developpement/shared/developpement/mdev/soutienauxcours0809/Gironde%20Pauvrete/
Sustainable%20Livelihood%20Chambers%20%26%20Conway.pdf (last visited 13 Sep 2019).
9 K. Jacobsen, “Livelihoods in Conflict: The Pursuit of Livelihoods by Refugees and the Impact on the Human
Security of Host Communities”, International Migration, 40(5), 2002, 95–123; K. Amirthalingam & R.W.D.
Lakshman, “Displaced Livelihoods in Sri Lanka: An Economic Analysis”, Journal of Refugee Studies, 22(4), 2009,
502–523.
10 Jacobsen, “Livelihoods in Conflict”, 99.
11 L.M. Grobar & S. Gnanaselvam, “The Economic Effects of the Sri Lankan Civil War”, Economic Development
and Cultural Change, 41(2), 1993, 395–405; N. Arunatilake, S. Jayasuriya & S. Kelegama, “The Economic Cost of
the War in Sri Lanka”, World Development, 29(9), 2001, 1483–1500.
12 Census of Population and Housing, Department of Census and Statistics, Government of Sri Lanka, Sri Lanka,
1981.
13 H.W. Wriggins, “Impediments to Unity in New Nations: The Case of Ceylon”, The American Political Science
Review, 55(2), 1961, 313–320.
14 R.N. Kearney, “Language and the Rise of Tamil Separatism in Sri Lanka”, Asian Survey, 18(5), 1978, 521– 553;
S.J. Tambiah, Sri Lanka Ethnic Fratricide and the Dismantling of Democracy, New Delhi, Oxford University Press,
1986.
15 S.W.R. Samarasinghe, “Sri Lanka in 1983: Ethnic Conflict and the Search for Solutions”, Asian Survey, 24(2),
1984, 250–256; R.N. Kearney, “Ethnic Conflict and the Tamil Separatist Movement in Sri Lanka”, Asian Survey,
25(9), 1985, 898–917; A. Shastri, “The Material Basis for Separatism: The Tamil Eelam Movement in Sri Lanka”,
The Journal of Asian Studies, 49(1), 1990, 56–77; P. Peebles, “Colonization and Ethnic Conflict in the Dry Zone of
Sri Lanka”, The Journal of Asian Studies, 49(1), 1990, 30–55; B. Matthews, “University Education in Sri Lanka in
Context: Consequences of Deteriorating Standards”, Pacific Affairs, 68(1), 1995, 77–94; B.L. Panditharatna, The
Development of the Sri Lankan Settlement System, Economic Development and Social Change in Sri Lanka, New
Delhi, Manohar Publication, 1996; A.R.M. Imtiyaz, “Ethnic Conflict in Sri Lanka: The Dilemma of Building a
Unitary State”, in M. Chatterji & B.M. Jain (eds.), Conflict and Peace in South Asia, Amsterdam, Elsevier
Publication, 2008, 131–153.
16 A. Dasgupta, “Repatriation of Sri Lankan Refugees: Unfinished Tasks”, Economic and Political Weekly, 38(24),
2003, 2365–2367.
Sri Lankan refugees can also access free medical services from government hospitals. In
addition, they can claim financial assistance for major medical treatment from the State
Government, which is sanctioned from “the Sri Lankan Tamil Special Relief Fund” on the
recommendation of the district collector. The State Government has implemented an Integrated
Child Development Scheme (ICDS) to enhance the nutritional level of children, pregnant
women, and lactating mothers in Tamil Nadu. From April 2007, it was extended to female
refugees and children staying in the camps. The State Government has also extended the Dr
Muthulakshmi Reddy Maternity Assistance Scheme to pregnant Sri Lankan female refugees in
Tamil Nadu. Under this scheme, they get cash assistance of Rs.1,000 per month for nutritional
supplements during the three months before and after delivery. Nearly 805 pregnant female
refugees benefited from this scheme in 2009 and 905 in 2008.
The State Government has also been providing free educational facilities to refugee children.
Refugee camps now have electricity facilities and have a 24-hour power supply, though it was
for only 12 hours (from 6 p.m to 6 a.m) prior to 2006. Overall, the Indian Government spent a
sum of Rs.500 crore for the Sri Lankan refugee relief programme during 1983–2009. The entire
expenditure was initially met by the Tamil Nadu Government and reimbursed by the Indian
Government later.
17 S. Banki, “Burmese Refugees in Tokyo: Livelihoods in the Urban Environment”, Journal of Refugee Studies,
19(3), 2006, 328–344; A. Hardgrove, “Liberian Refugee Families in Ghana: The Implications of Family Demands
and Capabilities for Return to Liberia”, Journal of Refugee Studies, 22(4), 2009, 483–501.
CONCLUSION
Following the prolonged Sri Lankan Civil War, the exodus of Sri Lankan Tamil refugees to the
Indian State of Tamil Nadu since 1983 was much higher than that to other countries. The Indian
Government placed restrictions on this entry from 1991 onwards and controlled their movement
in camps, putting them under police surveillance due to the official ban on the LTTE in India
following the assassination of the former Prime Minster of India. This made their life in the
camps very difficult, as discussed earlier. At the same time, the civil war in Sri Lanka came to an
end in May 2009, which led the Sri Lankan Government to start a rehabilitation programme to
resettle the IDPs. So this is the right time to find enduring solutions for the problems of the Sri
Lankan refugees in India. The survey conducted in the refugee camps revealed that not all of
them wish to go back to Sri Lanka. Out of the total sample of 100 refugee households, nearly 85
per cent are willing to go back to Sri Lanka. They revealed that they want to rejoin their family
and friends in their native place. Most importantly, they want to salvage the landed property they
own in Sri Lanka. Otherwise, they feel that it will be encroached on or that the Sri Lankan
Government may use it to resettle others. They also feel that adapting as refugees is very difficult
in camps as they do not have any legal rights. Finally, the rest of them who feel already like they
are at home, those refugees can use their skills and knowledge for the development of the nation
and become an asset to the communities in which they live, with or without depending on
government aid.
18 Dasgupta, “Long-term Camp Life and Changing Identities of Sri Lankan Women Refugees in India”, pg. 6/12