India Is Not a Dharamshala: Right to Stay Reserved for Citizens, Says SC

COLOMBO (News 1st); Supreme Court of India declined to intervene in the deportation of a Sri Lankan Tamil man, formerly associated with the banned Liberation Tigers of Tamil Eelam (LTTE), reinforcing that the right to reside in India is reserved for its citizens.

The petitioner, Subaskaran—who goes by a single name—had completed a seven-year prison sentence under the Unlawful Activities Prevention Act (UAPA) in 2022. Since then, he has been held in a detention facility in Tiruchirapalli, awaiting deportation to Sri Lanka.

A bench led by Justice Dipankar Datta, with Justice Vinod K Chandran concurring, dismissed the plea, stating unequivocally, “India is not a dharamshala (shelter) for the world.”

The court emphasized that while Articles 14 and 21 of the Indian Constitution guarantee certain rights to all persons, the right to reside and settle in India under Article 19(1)(e) is exclusive to Indian citizens.

Subaskaran’s legal team argued that his wife and children are settled in Tamil Nadu and that returning to Sri Lanka would endanger his life due to his past involvement in the civil conflict.

In his petition, Subaskaran said that during the war between the Sri Lankan Army and the LTTE, his family suffered devastating losses. As he fought the war as a former member of LTTE, returning to Sri Lanka posed a grave threat to his life and his family members.

The bench remarked, “Then you go to some other country.

The court maintained that legal procedures had been followed and that his continued stay in India was not constitutionally protected.

The ruling aligns with the court’s recent stance on similar matters, including its May 8 decision regarding Rohingya refugees, where it reiterated that the right not to be deported is not a standalone right but is tied to the constitutional right to reside in the country.

Source: The Hindustan Times