By Ananya Singh
The Centre has notified that Tibetans no longer require Indian passports to travel or study abroad. The move comes in a bid to ease regulations for Tibetans and simultaneously discourage them from applying for Indian passports. Regulations for relatives of Tibetans living abroad have also been simplified, so as to ease their visits to India.
No-objection certificate simplifies travelling procedures
An Identity Certificate (IC) is issued to Tibetans which officially recognises their status within India and acts as a substitute for a passport. An additional Registration Certificate (RC) issued to them allows them to stay in India. If travelling abroad, Tibetans in India must secure an “exit permit” from the Home Ministry before applying for a visa. In addition to the above, a “return permit” issued by the Foreigners Regional Registration Office (FRRO) would have to accompany the IC. This exit and return permit serves no purpose but to complicate matters, as IC itself is issued post multiple security checks. “Since identity certificates are issued after carrying out due diligence and background check, the exit permit is an unnecessary requirement, said a Home Ministry official. As such, a “no-objection certificate” will now accompany the IC so as to ease the process for Tibetans.
Tibetans can also renew the RC online, thereby allowing a faster and simpler resettlement procedure as compared to prior difficulties faced by refugees in terms of renewal. The removal of the exit permit clause will streamline the process for Tibetans travelling abroad.
The Centre’s aim in easing regulation for Tibetans travelling abroad is, to some extent, powered by the need to discourage Tibetan refugees from applying for Indian passports. As soon as a Tibetan refugee is issued a passport, they become Indian citizens and therefore a problem of the state. While India has provided refuge to the government-in-exile and the Tibetans that flooded across the borders back in 1959 and subsequently in the following years, they, however, have tried to distance themselves distinctly from making Tibetans and the Tibetan movement an Indian state problem.
Tibetan movement and the citizenship issue
China’s occupation of Tibet’s capital Lhasa forced the Dalai Lama to flee his homeland in 1959. Around 80,000 Tibetans followed him into exile, crossing the borders and settling in India. McLeodganj in Himachal Pradesh became the headquarters of the government-in-exile, regularly sounding cries advocating for a free Tibet.
While seeking asylum in neighbouring countries, the movement staged by Tibetan refugees swings on international support for the exiled Dalai Lama and his followers. It has been 60 years since the first wave of Tibetans crossed the border and settled in India. According to the Home Ministry, Tibetan refugees in the country are numbered at an approximate 1.10 lakh. They reside in 45 Tibetan settlements that are spread across various states.
Despite the approximate 2 lakh refugees residing within India’s borders (including Tibetans, Bangladeshis, Rohingyas from Myanmar, Sri Lankans and Afghans), the country is not a part of the 1951 Refugee Convention that delineates the rights awarded to refugees and the responsibilities of signatory governments to help safeguard these. India is also devoid of a comprehensive Refugee law. Indian regulations, therefore officially recognise all refugees as “foreigners by law”.
Those seeking political asylum within the nation’s borders are therefore not citizens of India. As such, the rights and liberties that affect life and livelihood, awarded upon being deemed an Indian citizen have been inaccessible to Tibetan refugees. To ease living situations, the government has built settlements across various states and also funded schools to provide free education to Tibetans. A certain number of seats in medical and engineering colleges have also been reserved for Tibetan refugees. Over the years, Tibetans have also been deemed eligible to own voter ID cards and exercise their right to vote.
Still, lacking an Indian citizenship creates many hurdles in daily life for Tibetan refugees. Considered ‘foreigners by law’, Tibetans are not allowed to hold government jobs or own land and property in the country. Their movement is highly restricted, especially when travelling abroad. Certain states do not allow refugees to acquire driving licenses or bank loans. The IC is the primary indicator of their status in India. Timely renewal of the IC and RC, along with undergoing strict security checks during the same is a regular formality they have to deal with. The absence of a valid IC can subject Tibetans to harassment and oppression from authorities.
2016 HC ruling: Indian passports for Tibetans
The September 2016 landmark ruling for the Tibetan refugees in India was an important move to incorporate Tibetans officially into the Indian political system. The Delhi High Court ruled that Tibetans born in India between 1950 and 1987 were to be considered citizens of India and were eligible to apply for Indian passports. It was due to a petition by Lobsang Wangyal, a Tibetan refugee born in India that the movement for issuing Indian passports to Tibetans came about. Seeing Lobsang secure an Indian passport post the ruling in March 2017, the Regional Passport Office in Himachal Pradesh was soon flooded with applications for the same.
The Ministry of External Affairs further notified in 2017 that Tibetans who were issued Indian passports would have to surrender their RC, leave the Tibetan settlements and forfeit all benefits and privileges received from the Central Tibetan Administration (CTA), the Tibetan government-in-exile.
As such, Tibetans in India were thrust into a new predicament. While Indian passports allowed them to travel freely, and an Indian citizenship opened up new avenues of improving their standards of living through the ability to hold government jobs and own property, many saw it as a decision akin to losing their identity as Tibetans and betraying the cause for which generation of Tibetans have been fighting.
To be or not to be (Indian)?
The HC ruling that allows Tibetans to be issued passports was an important step in understanding the rights awarded to refugees in India. Holding passports, however, comes at the behest of losing a certain part of their Tibetan identity. The CTA has allegedly tried to dissuade Tibetan refugees from applying for passports. The dream of returning to their homeland is kept alive by Tibetan refugees clutching at their statelessness.
While hopes for a ‘Free Tibet’ are unwavering among the Central Tibetan Administration (CTA) in Dharamsala, the descendants of refugees who were born and raised in India weigh the pros and cons of an Indian citizenship. Tibetans stand divided on the issue. While some consider an Indian citizenship will allow them to live their lives with greater ease, others continue to consider it a dilution of their Tibetan identity. As reported in The Quint, Dorjee Tsering, a salesman in Dharamsala said, I don’t think it’s important to have citizenship rights or to have an Indian passport. We may face some problems, but we should sacrifice a little to preserve our heritage and identity. However, Lobsang Wangyal who helped Tibetans obtain passports in India disagrees, I would like the right to own property. A little house and a small business would be good to live a decent life. Tibetans will fight on for Free Tibet, but at the same time we have to live our lives now.“
Featured Image Credits: Wonderlane on Visual hunt / CC BY