India Not a Shelter for Global Refugees, Says Supreme Court While Rejecting Sri Lankan Tamil's Plea
In Short
- The Supreme Court emphasized that India cannot act as a dharamshala (shelter) for refugees from across the world.
- The petitioner, a Sri Lankan Tamil national convicted under the Unlawful Activities (Prevention) Act (UAPA), is to be deported following the completion of his seven-year prison sentence.
- The Court upheld the legality of the detention and clarified that the constitutional right to reside and settle in India applies only to Indian citizens.
In a significant observation, the Supreme Court of India has asserted that the country cannot serve as a dharamshala—a rest house—for refugees from across the globe. This remark was made during a hearing related to the detention and proposed deportation of a Sri Lankan Tamil national who had served a prison sentence under the Unlawful Activities (Prevention) Act (UAPA). The apex court categorically declined to intervene in the matter, upholding the directives of the Madras High Court.
The case in question involves the petitioner, Subaskaran alias Jeevan alias Raja alias Prabha, who had been convicted under Section 10 of the UAPA. He was arrested in 2015 by the Q Branch on allegations of being associated with the banned LTTE (Liberation Tigers of Tamil Eelam) and was initially sentenced to 10 years in prison by a trial court. However, in 2022, the Madras High Court reduced his sentence to seven years and ordered his immediate deportation upon completion of the jail term. The High Court also ruled that he should remain in a refugee camp until his departure from India.
Represented by advocates R. Sudhakaran, S. Prabu Ramasubramanian, and Vairawan AS (AOR), the petitioner challenged this decision, citing a genuine threat to his life in Sri Lanka. His counsel informed the court that he had arrived in India legally on a visa and feared persecution if repatriated. The petitioner claimed that he was blacklisted in Sri Lanka due to his past involvement in the 2009 Sri Lankan civil conflict as an LTTE fighter. He also highlighted the critical health condition of his wife and son, pleading for humanitarian consideration.
However, a bench comprising Justice Dipankar Datta and Justice K. Vinod Chandran remained unconvinced. Justice Datta, while addressing the counsel, questioned, “What is your right to settle here?” and emphasized that the right to reside and settle in India under Article 19 of the Constitution is reserved solely for Indian citizens. Referring to Article 21, the court stated that the petitioner’s detention followed due legal process, thereby negating any violation of his fundamental rights.
The bench made it clear that while humanitarian concerns are important, India's legal and constitutional framework does not extend the right of settlement to foreign nationals, particularly those with criminal convictions under stringent national security laws. The bench also reiterated that the Supreme Court had previously declined to stop the deportation of Rohingya refugees under similar grounds.
In response to the petitioner’s plea for asylum on grounds of persecution in his home country, the court advised, “Go to some other country,” implying that India is under no international or constitutional obligation to provide permanent refuge to foreign nationals, especially those involved in unlawful activities.
This judgment sets a strong precedent concerning India's policy on illegal immigrants and foreign nationals convicted under anti-terrorism laws. The Supreme Court’s refusal to interfere with the Madras High Court’s deportation order highlights the judiciary’s stance on balancing national security with individual rights.
Case Title: Subaskaran @ Jeevan @ Raja @ Prabha vs. State
Diary Number: 21310-2025
References
- Supreme Court of India says India is not a ‘dharamshala’ as it junks Sri Lankan citizen’s plea against deportation, OpIndia (May 19, 2025)
- India Not A 'Dharamshala', Can't Host Refugees From All Over: Supreme Court Rejects Sri Lankan Tamil's Plea, LiveLaw.in (May 19, 2025)
