legal protection for Tibetan refugees
I am doing a case study on the conditions of the Tibetan refugee communities in India and how this increasingly significant situation needs to be looked at. The Tibetan refugees are not legally recognized as refugees. They are governed under the law relating to foreigners but They are held to be "stateless" by the Government of India. The ones who arrived and continue to arrive after 1986 are not entitled to citizenship as per the The Indian Citizenship Act, 1955. There is a lacunae in our legal system in regard to the rights of refugees and the Tibetan refugees in particular, the largest refugee group in our country. The Indian Government's policies towards the Tibetan minority are mostly based on political grounds and as such the Tibetan people in India possess no guarantee of security towards their residence in India. India can change its policy any time as Nepal has done. What can the Tibetan people to guarantee some level of permanence of their treatment? Is there any way they can approach some solution with the Indian Government within the legal framework of our country towards ensured protection and towards their status determination from which would follow other things?
The Tibetans residing in India are given a distinct status from the rest of the refugees in India because they have taken refuge in India as a national polity. This in the wake of the destruction of Tibet taking place has led them to seek the protection of us, ‘the proactive mantle of a neighbouring country, sympathetic to their problems. Within the Indian legal regime, Sections 3 and 6 of the Citizenship Act, 1955 considers within its ambit the a subset of the population of the Tibetans residing in India. While section 3 provides for a basic timeline within which if a person is born in India will be considered a citizen, Section 6 provides for other basic guidelines for the acquiring of citizenship by naturalization. However, if a Tibetan wishes to acquire a citizenship, he or she must attain a NOC from the Central Tibetan Administration. For a further reading on the matter the Tibetan Justice Centre’s report, titled ‘Tibet’s Stateless Nationals II: Tibetan Refugees In India’ may be read.
UNHCR- United Nations' High Commission for Refugees, is the international body that deals with such issues. Now, as a philanthropist, you have two options- 1) you can file a writ petition in the hon'ble Supreme Court
2) Contact UNHCR and submit your report.
The government is short of resourses and provisions for the authorised voters, how would we expect them to think of the people who do not matter for their vote bank.
Anyways, if you want my help on the writ petition or in contacting UNHCR, I will be happy to help
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