Why in News: The Union Ministry of Home Affairs notified the Immigration and Foreigners (Exemption) Order, 2025 (September 1, 2025), which exempts certain groups — including Sri Lankan Tamil refugees in Tamil Nadu — from passport/visa requirements, offering protection from forcible repatriation.
Key Provisions of the Order
- Covers nationals of Nepal, Bhutan; Tibetan refugees; six religious minorities from Afghanistan, Bangladesh, Pakistan; and Sri Lankan Tamils.
- Protects Sri Lankan Tamil refugees from forcible repatriation, provided they had taken shelter before January 9, 2015 and registered themselves.
Background
- Around 30 years of stay: Many Sri Lankan Tamils have been in Tamil Nadu since 1990.
- Neither the Union nor the State government has initiated unilateral repatriation.
- Post-2009 civil war, both governments have ensured welfare measures.
- However, Sri Lankan Tamils were excluded from the Citizenship Amendment Act, 2019 that benefitted six non-Muslim minorities from neighbouring countries.
Significance of the Order
- Safeguards humanitarian principles by protecting refugees from forced return.
- Recognises the special historical and cultural linkages between Tamils in India and Sri Lanka.
- Ensures welfare continuity, as both Union and Tamil Nadu governments have avoided unilateral repatriation.
Challenges
1. Citizenship Hurdles: Refugees are tagged as “illegal migrants,” making them ineligible under Sections 5 & 6 of Citizenship Act.
2. Lack of Long-Term Visa (LTV) Access: Denies higher education, gainful employment, and integration opportunities.
3. Exclusion from CAA (2019): Unlike other minorities from Afghanistan, Bangladesh, Pakistan.
4. Identity Concerns: No clear framework for legal identity or travel documents.
5. Dependency on Welfare: Without legal rights, refugees remain dependent on state support.
Way Forward
- Liberalisation of LTV Policy: Grant work, study, and residency rights; use Tibetan “Certificate of Identity” as model.
- Voluntary Repatriation: India and Sri Lanka must create structured, safe, and assisted return schemes.
- Local Integration: For those unwilling/unable to return, pathways for permanent settlement and citizenship should be considered.
- Humane Approach: Policy must balance sovereignty with compassion, ensuring dignity of refugees.
Conclusion
A balanced framework of repatriation, integration, and rights-based legal recognition is essential. Both India and Sri Lanka must act jointly, keeping humanitarian principles at the core.
UPSC Relevance
GS-II (Governance & Polity): Citizenship Act, refugee management, rights of vulnerable sections.
Mains Practice Question
Q. “India’s refugee policy remains ad-hoc and welfare-oriented rather than rights-based. In light of the Immigration and Foreigners (Exemption) Order, 2025, critically analyse the challenges and opportunities in addressing the long-pending issue of Sri Lankan Tamil refugees.” (250 words, 15 marks)