The Supreme Court of India stated that the country is not a dharamshala (a free shelter) for people from all over the world seeking refuge. The court made this comment while rejecting the request of a Sri Lankan citizen who wanted to stay in India.
This man was arrested in 2015 for allegedly having links with the Liberation Tigers of Tamil Eelam (LTTE), a banned terrorist group in Sri Lanka. In 2018, a trial court found him guilty under the Unlawful Activities (Prevention) Act and gave him a 10-year jail sentence. Later, in 2022, the Madras High Court reduced his sentence to seven years. However, it was ordered that once his sentence is complete, he must leave India and stay in a refugee camp until he is sent back to Sri Lanka.
A Sri Lankan Tamil man asked the Supreme Court to let him stay in India, saying he had come with a visa because his life was in danger back home. He also said his wife and children live in India and that he had been in detention for nearly three years, with no steps taken yet to send him back.The Supreme Court, however, refused his request. Justice Dipankar Datta said that India cannot become a place for refugees from all over the world. We are already managing a population of 140 crore. India is not a dharamshala (free shelter),” he said.
The man’s lawyer argued that keeping him in custody goes against Article 21 of the Constitution, which protects the right to life and liberty, and Article 19, which gives certain freedoms. But the court said Article 21 doesn’t apply here because he was detained legally, and Article 19 only applies to Indian citizens.When the lawyer said the man was a refugee and feared for his life in Sri Lanka, the court told him to consider going to another country instead.