1. CITIZENSHIP AND IDENTITY ISSUES OF
UP-COUNTRY TAMILS AFTER THE
CITIZENSHIP ACT OF 1948 OF SRI LANKA
-A CRITICAL STUDY-
By
S.Susarithaa
2. INTRODUCTION
Who can be defined as Indian Origin Up-Country
Tamils?
Indian Origin Up- country Tamils are also known as ‘Hill-
Country Tamils’ and ‘Up-Country Tamils’.
Indian Origin up-country Tamils are instrumental in the
plantation sector economy which is one of the largest
source of income in Sri Lanka.
They were brought into Sri Lanka as a result of opening
up International market for migrant labour in 19th
century to work in rubber, tea and coffee plantations.
They were brought into Sri Lanka from several parts of
South India and they are all termed as Tamils today .
3. OBJECTIVE OF THE RESEARCH
OBJECTIVE OF THIS RESEARCH IS TO
FIND OUT THE ISSUES REGARDING
CITIZENSHIP OF THE UP- COUNTRY
TAMILS OF SRI LANKA DURING
CITIZENSHIP ACT OF 1948.
SECOND OBJECTIVE IS TO FIND THE
IDENTITY ISSUES THEY ARE FACING
EVEN TODAY AS A RESULT OF
CITIZENSHIP ACT OF 1948.
4. METHODOLOGY
The research is based on library research.
The necessary information was gathered
from primary sources of legislation and
the Constitution and secondary sources
accessible and available in the library
such as constitution, journal articles, text
books, working papers, government
publications, newspapers, electronic data
bases and e - journals. In addition, for the
purpose of providing a clear view of
historical background of Indian origin
upcountry Tamils information was
gathered from various historical sources.
6. Source:- Department of Census and Statistics of Sri Lanka.
HISTORICAL POPULATION OF INDIAN ORIGIN UP_COUNTRY
TAMILS.
Historical population
Year Pop. ±%
1911 531,000 —
1921 602,700 +13.5%
1931 818,500 +35.8%
1946 780,600 −4.6%
1953 974,100 +24.8%
1963 1,123,000 +15.3%
1971 1,174,900 +4.6%
1981 818,700 −30.3%
1989 (est.) 873,000 +6.6%
7. Source:- Department of Census and Statistics of Sri Lanka.
http://www.statistics.gov.lk/PopHouSat/CPH2012Visualization/htdocs/ind
ex.php#
8. Sri Lanka
C olombo
Gampaha
Kalutara
Kandy
Matale
Nuwara Eliya
Galle
Matara
Hambantota
Jaffna
Mannar
Vavuniya
Mullaitivu
Kilinochchi
Batticaloa
Ampara
Trincomalee
Kurunegala
Puttalam
Anuradhapura
Polonnaruwa
Badulla
Moneragala
Ratnapura
Kegalle
District Indian Tamil
842323
27336
10879
23611
83234
23400
375795
5641
11984
136
499
394
1292
2182
1682
1015
165
6531
3582
2503
957
1190
149662
4590
62595
41468
Source:- Department of Census and Statistics of Sri Lanka.
http://www.statistics.gov.lk/PopHouSat/CPH2012Visualization/htdocs/index.php
?usecase=indicator&action=Data&indId=11
CENSUS OF POPULATION AND HOUSING - 2012
9. Statistics reveal that in 1911
upcountry Tamils population was
12.9 per cent and in 1981 it was 5.5
per cent. These statistics show a 50
per cent fall of population within 7
decades which makes it a puzzle in
our minds. Also 2001 and 2011
census statistics reveal the fact that
approximately 5 per cent of
upcountry Tamils are living in Sri
Lanka.
10. CITIZENSHIP ACT NO 18 OF 1948
2 (2) A person shall be or become entitled to
the status of a citizen of Sri Lanka in one of
the following ways only:
(a) by right of descent as provided by this Act
(b) by virtue of registration as provided by
this Act or by any other Act authorizing the
grant of such status
(c) by registration in any special case of a
specified description.
(3) Every person who has possessed of the
aforesaid status is hereinafter referred as a
"Citizen of Sri Lanka".
11. GRANT OF CITIZENSHIP TO STATELESS PERSONS
ACT, NO. 5 OF 1986
As an impact of Indo- Ceylon agreement in 1964 (Also known as
Sirima - Shastri Pact) ‘Grant of Citizenship to Stateless Persons
Act, No. 5 of 1986’ came into force .
According to the agreement it has been agreed that 300000
people would be granted Sri Lankan Citizenship.
525000 people would be granted Indian citizenship and
repatriated to India.
There were 150000 people remained in Sri Lanka as stateless
people.
According to the Indo –Ceylon agreement in 1974 it has been
agreed that 75000 people would be granted Sri Lankan
Citizenship.
75000 people would be granted Indian citizenship and
repatriated to India.
12. GRANT OF CITIZENSHIP TO
STATELESS PERSONS (SPECIAL
PROVISIONS) ACT NO 39 OF 1988
13. 2. Any person of Indian origin, who, on the date of
the
coming into operation of this Act,—
(a) has been a permanent resident of Sri Lanka
since October 30, 1964 ; or
(b) is a descendent, resident in Sri Lanka, of a
person who has been a permanent resident of Sri
Lanka since October 30, 1964, shall be granted the
status of a citizen of Sri Lanka, with effect from
such date and be entitled, in like manner and to
the same extent, to all the rights and privileges to
which a citizen of Sri Lanka is entitled to, by law :
GRANT OF CITIZENSHIP TO PERSONS
OF INDIAN ORIGIN ACT, No. 35 OF 2003
14. ‘FIGHTING FOR SURVIVAL NOT FOR
RIGHTS’
Education
Basic Needs
Disenfranchisement (Voting Rights)
Representation in Legislative body.
Lack of bargaining power in a labour
regime .