India: Whether citizens of Tibet, who reside in India, are eligible to receive Indian citizenship; whether individuals who are born in India to parents who are citizens of Tibet are able to obtain Indian citizenship, and if so the procedure that must be followed and whether the rights and privileges accorded to such individuals are the same as those accorded to an ordinary Indian citizen
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 26 March 2004 |
| Citation / Document Symbol | IND42508.E |
| Reference | 1 |
| Cite as | Canada: Immigration and Refugee Board of Canada, India: Whether citizens of Tibet, who reside in India, are eligible to receive Indian citizenship; whether individuals who are born in India to parents who are citizens of Tibet are able to obtain Indian citizenship, and if so the procedure that must be followed and whether the rights and privileges accorded to such individuals are the same as those accorded to an ordinary Indian citizen, 26 March 2004, IND42508.E, available at: https://www.refworld.org/docid/41501c1f18.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
In addition to the information already contained in IND31502.E of 8 March 1999 on the eligibility of Tibetans to receive Indian citizenship, only the following additional information could be found by the Research Directorate.
The acquisition of Indian citizenship is regulated by the Citizenship Act of 1955 (India n.d.). Please refer to the attachment for the text of the Act.
Section 6 of the Act, as summarized by the Indian Ministry of Home Affairs, provides that
Citizenship of India by naturalisation can be acquired by a foreigner who is ordinarily resident in India for ten years (continuously for the twelve months preceding the date of application and for nine years in the aggregate in the twelve years preceding the twelve months) (India n.d.).
However, according to information obtained from the High Commission of India, in Ottawa, in correspondence to the Research Directorate, citizens of Tibet who reside in India are not eligible to receive Indian citizenship (23 Mar. 2004).
The High Commission of India, in Ottawa, also indicated that individuals who are born in India to parents who are citizens of Tibet are also not able to obtain Indian citizenship (23 Mar. 2004). According to a summary by the Indian Ministry of Home Affairs, section 3 provides the following:
A person born in India on or after 26th January 1950 but before 1st July 1987 is a citizen of India by birth irrespective of the nationality of his parents. A person born in India on or after 1st July 1987, is considered ... a citizen of India only if either of his parents is a citizen of India at the time of his birth (India n.d.).
In 2000, Ming Pao, a Chinese daily newspaper, reported that even though the Indian government has allowed the Dalai Lama to reside in India and has
... pursued a policy of receiving Tibetan refugees [and] of "not refusing arrivals," the Indian Government has never recognized the Tibetan government in exile and has also clearly expressed the foreign policy guideline that "Tibet is part of China" (30 Jan. 2000).
The article also sites a professor of the China Research Institute in New Delhi, who indicated that "India has never allowed the Dalai Lama to engage in political activities in a big way in India, in order to show the world and Beijing that India respects China's territorial integrity" (Ming Pao 30 Jan. 2000).
Additional and/or corroborating information could not be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
High Commission of India, Ottawa. 23 March 2004. Correspondence from a Counsellor.
India. n.d. Ministry of Home Affairs. "Foreigners Division: Synopsis of the Citizenship Act, 1955." Ming Pao [Hong Kong]. 30 January 2000. "PRC, Indian Reaction to Karmapa's Flight." (FBIS-CHI-2000-0204 7 Feb. 2000/Dialog)
Additional Sources Consulted
Internet sites, including: Dialog/WNC, European Country of Origin Information Network (ECOI), Human Rights Watch (HRW), Tibet Information Network, Tibet Justice Center (Berkeley, CA), United Kingdom - Immigration and Nationality Directorate (IND), United Nations High Commissioner for Refugees (UNHCR), United States Committee for Refugees (USCR).
Attachment
IndiaLawInfo.com. 1955. The Citizenship Act, 1955.