The Supreme Court on Monday, May 19, rejected a Sri Lankan Tamil man’s plea for refuge in India, asserting that the country “is not a dharamshala (free shelter)” to accommodate refugees from across the world.
Convicted under UAPA, sentenced to jail
A bench comprising Justice Dipankar Datta and Justice K Vinod Chandran was hearing the petition of a man arrested in 2015 for alleged links with the banned Liberation Tigers of Tamil Eelam (LTTE).
Convicted under the Unlawful Activities (Prevention) Act, he was sentenced to 10 years in jail by a trial court in 2018. In 2022, the Madras High Court reduced his sentence to seven years but directed that he be kept in a refugee camp and deported once his term ended.
Petitioner cites danger in Sri Lanka, family settled in India
In his plea to the Supreme Court, the petitioner said he had entered India on a visa, feared for his life in Sri Lanka, and had been detained for nearly three years despite the deportation process not being initiated. He also stated that his wife and children were settled in India.
Responding to the arguments, Justice Datta remarked, “Is India to host refugees from all over the world? We are already struggling with 140 crore people. This is not a dharamshala to entertain foreign nationals from everywhere.”
The petitioner had invoked Article 21 of the Constitution (protection of life and personal liberty) and Article 19 (which includes the right to movement and residence), but the bench noted that Article 19 applies only to Indian citizens and that his detention was lawful.
Questioning his right to stay in India, the court suggested he seek refuge in another country if he feared returning to Sri Lanka.
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