Citizenship issues of Indian Origin Tamils of Sri Lanka

1. CITIZENSHIPAND IDENTITY ISSUES OF UP-
COUNTRY TAMILS AFTER THE CITIZENSHIP
ACT OF 1948 OF SRI LANKA -A CRITICAL
STUDY-
ANNUAL RESEARCH SYMPOSIUM
FACULTY OF LAW
UNIVERSITY OF COLOMBO
04th and 05th of October 2013
By
S.Susarithaa
Lecturer (Probationary)
Department of Public and International Law
Faculty of Law
University of Colombo

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.

5. DISCUSSION

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%
2001 855,000 −2.1%
2011 842,323 −1.5%

7. Source:- Department of Census and Statistics of Sri Lanka.
http://www.statistics.gov.lk/PopHouSat/CPH2012Visualization/htdocs/index.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=i
ndicator&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. CITIZENSHIPACT 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 .

15. THANK YOU