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The single-judge bench directed the respondents to forward a woman's citizenship application to the Central Government after taking note of the fact that although the woman's parents are Sri Lankan citizens and who came to India due to ethnic strife, she had never been a Srilankan citizen.
Justice G R Swaminathan of the Madras High Court recently held that although Sri Lanka has not been covered under the Citizenship Amendment Act (CAA) 2019, the opportunity to obtain Indian citizenship will apply to Hindu Tamils of Sri Lanka as well who were the primary victims of the racial strife.
The Parliament recently amended the Citizenship Act, 1955, and allowed persecuted minorities from neighboring countries such as Pakistan, Afghanistan, and Bangladesh to have the opportunity to obtain Indian citizenship.
The court was hearing a petition filed by a 29-year-old girl S. Abirami whose parents are Sri Lankan citizens and who came to India due to ethnic strife. Abirami sought Indian Citizenship.
Abirami was born on December 14, 1993, in a Nursing home at Trichy. She attended school in India and was also issued an Aadhar Card and has spent the last 29 years in the country. However, her efforts to obtain citizenship have gone in vain and therefore, she filed the present petition.
The petitioner sought directions to the District Magistrate/District Collectors to permit her to forward her application seeking citizenship to the Central government. She also sought direction that after the Central government receives her application the same shall pass orders within six weeks. Abirami’s plea stated that the Central Government should take note of the unique situation in which she is placed.
The single-judge bench noted that Abirami is a descendant of migrant parents, and she was born in India. Court added that since she has never been a Srilankan citizen therefore the question of renouncing the same does not arise. The court opined that if her request is not granted it would lead to her “Statelessness”.
Conclusively, the court directed the Assistant Solicitor General and the Additional Government Pleader to forward Abirami’s petition to the Central government for consideration.
Furthermore, the court also directed the Additional Government Pleader to forward Abirami’s petition dated April 25, 2022, to the Assistant Solicitor General, who is further directed to forward the same to the Central Government.
“Following that, the first respondent (Central Government) must make a decision in the matter within sixteen weeks,” the court ordered.
Case Title: Abirami S. v. The Union of India & Ors.
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