Dalai Lama
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This article has been written by Khushi Ahuja, from Vivekananda Institute of Professional Studies, on the asylum of Dalai Lama in India, its meaning and issues.

Who is Dalai Lama

Family and background 

Born as Lhamo Thondup on 6 July 1935, in Taktser, (north-east of Tibet) China which was a small village that stood on a hill overlooking a broad valley with unsettled pastures and unpredictable weather. Dalai Lama grew up in a peasant family. His mother and father were small farmers who grew potato, barley and buckwheat and he was the fifth of the 16 children with 7 who died at an early age. At a minor age of 2, he was located by religious officials who were asked to search for the incarnation and next successor at the Kumbum Monastery. When they followed spiritual signs, after several months of searching for someone to be the successor to the 13th Dalai Lama, Thubten Gyatso, Lhamo Thondop was identified as the reincarnation of Thubten Gyatso, renamed as Tenzin Gyatso and was then declared the 14th Dalai Lama. Dalai Lamas are believed to be the reincarnation of Avalokitesvara or Chenrezig, the important Buddhist deity, the Bodhisattva of Compassion and holder of the White Lotus. While ‘Dalai means ocean, ‘Lama’ means a guru. The title of Dalai Lama is literally “Ocean Teacher,” meaning a “teacher spiritually as deep as the ocean.” They are the spiritual leaders and enlightened beings who work towards the benefit of humans.

Education

Tenzin Gyatso began his religious and primary education at the age of 6. The curriculum was derived from the Nalanda tradition and consisted of 5 major and 5 minor subjects. The majors were in logic, Tibetan art and culture, medicine, Sanskrit and Buddhist philosophy. The Buddhist philosophy was further divided into Prajnaparamita- the perfection of wisdom, Vinaya- the canon of monastic discipline, Madhyamika- the philosophy of middle way, Pramana- logic and epistemology and Abhidharma-metaphysics. The 5 minor subjects were drama, composition, astrology, poetry and synonyms. Heinrich Harrer, an Australian Mountaineer became his tutor and taught him about the world when he was 11 years old.

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At the age of 23, in 1959 he gave his final examination in Lhasa’s Jokhang Temple, during the annual Great Prayer Festival of Monlam Chenmo. He passed with honours and was awarded the Geshe Lharampa degree that is equivalent to the highest doctorate in Buddhist philosophy. 

Leadership and responsibilities 

At a tender age of 15, Tenzin Gyatso took over the political power in Tibet, became the head of the state and a spiritual leader. All this happened after Eastern Tibet was invaded by the Chinese communist forces who intended to liberate Tibet from the hands of imperialist aggressors by attacking their culture to impose Chinese Marxist ideology and practices.

Dalai Lama found himself to be in full political authority and leadership of 6 million people who were now facing the fear of full-fledged war. He appointed 2 Prime Ministers, Lobsang Tashi and Lukhangwa. They together decided to send delegations to other countries to convince them to intervene on behalf of Tibet.

After failed efforts and intervention by the states, a delegation was sent to meet with the Chinese Communist Leaders in Beijing, headed by Ngabo Ngawang Jigme, Governor of Kham. Astonishingly a “Seventeen Point Agreement for the Peaceful Liberation of Tibet” was signed by force which surrendered Tibet to the Chinese rule.

The next 9 years were an effort to evade the full-scale military takeover by China on one hand and placating the growing resentment among Tibetan resistance fighters against the Chinese aggressors on the other.

In 1959, there were disheartening reports of increasing brutality against the people which continued to pour in.

Due to the fear of assassination and brutal suppression of the Tibetan national uprising in Lhasa by Chinese troops, he along with thousands of followers left behind their homes and fled NEFA (Arunachal Pradesh).

This was known as “one of the most fantastic escapes in history”.

Exile in India 

From November 1956 to March 1957, Dalai Lama visited India to participate in the 2500th Buddha Jayanti celebrations where he met with India’s Prime Minister asking to take refuge but was discouraged from doing that. But later, India could no longer remain neutral due to the People’s Liberation Army that brutally crushed Tibetan uprising against Chinese rule, known as the Lhasa Uprising on March 10.

Jawaharlal Nehru, the first Prime Minister of independent India came to the rescue of the Tibetan people. He showed a keen personal interest in the problems of the refugees.

In 1959 the Indian government had agreed to provide the asylum to Dalai Lama and his followers in India along with permission to establish a government-in-exile in the northern hill station of Dharamsala, Himachal Pradesh. Refugees came pouring in through Tawang, The Brahmaputra Valley and other routes.

On 31 March 1959, the Dalai Lama along with his followers reached the Indian border and were escorted to the Bomdila town, today known as Arunachal Pradesh. The then Prime Minister of India and Dalai Lama met to talk about the rehabilitation of Tibetan Refugees. He impressed upon Jawaharlal Nehru for the need to create a special section of Tibetan education within the Ministry of Education for the refugee’s children. The Indian Government agreed to bear all the expenses for setting up the schools for the Tibetan children. The Dalai Lama, thus, became the head of the state and their spiritual leader.

Jawaharlal Nehru, the P.M. of India said that “the Tibetan god-king, regarded by his people as the living incarnation of Buddha, was quite healthy and would receive respectful treatment.” in the Parliament after his arrival. All members except the Communist group wholeheartedly welcomed the announcement with cheers and applause. 

Thus, the Dalai Lama has been living in India since 1959.

What is political asylum

Political asylum is the protection that a government grants to foreign people who have left their own country because of disagreement with their government. The issue of mixed migration refers to the flow of people travelling together, in an irregular manner using the same routes and transport for different reasons. These people have been generally forced from their homes through armed conflicts, suppression or persecution. They look out for better life opportunities and conditions. These people are in the search of means to fulfil their needs through asylum or refugees due to statelessness.

According to UNHRC, asylum seekers need protection whose claims for refugee status have not been determined. Refugees are recognized under the 1951 Convention relating to the Status of Refugees.

India has widespread sympathy for the Tibetans due to the cultural affinities with Buddhist Tibet. Jawaharlal Nehru sought to put this Tibetan crisis high on the domestic agenda to compensate for not being able to do anything for the Tibetan cause.

On April 4, 1959, Pt. Jawaharlal Nehru stated in public that “India’s policy was governed by three factors: the preservation of the security and integrity of India; India’s desire to maintain friendly relations with the People’s Republic of China; and India’s deep sympathy for the people of Tibet”.

Scenario of the Asylum of Dalai Lama in India

Tibetan spiritual leader Dalai Lama recently said that he has been here for the last 60 years as a refugee but still enjoys the freedom that this country offers. “We already enjoy freedom in India. It’s been 60 years…one way, I am a refugee, but I enjoy India’s freedom”. 

The Indian Government granted political asylum to the Dalai Lama and his followers who were regarded as refugees and were granted rights and facilities by the Indian Government. Just like other refugees. These Tibetans were integrated into India by providing them with the benefits of the integrated Development Plans of their settlements while they managed to establish a strong exile community owing to the possibilities offered by life in India.

The departments of education, home, security, information, religious and economic affairs were deemed important to be set up. Schools were set up and community services were provided. The functioning of the community was handed to the Tibetan government-in-exile to manage their affairs. They were given land and housing amenities which was discontinued later, Registration certificate that allowed them to enjoy the privileges of Indian Citizenship except the right to vote and work for the Government of India. The Registration certificate is an important document for the Identity certificate which makes it possible to travel internationally. The IC was issued to the Tibetan migrants living in the country by the Regional Passport Office. They have been subject to residency permit regulations as per the information provided by was confirmed by the Indian High Commission in Ottawa wherein they received a temporary residence permit which could be renewed according to UNHRC 1992. Although there was no mention on the duration of the permits. These Tibetan refugees do not have the right to acquire Indian Nationality despite being born in India.

The Dalai Lama made a statement on the first anniversary of the Tibetan People’s Uprising – “On this first occasion, I stressed the need for my people to take a long-term view of the situation in Tibet. For those of us in exile, I said that our priority must be resettlement and the continuity of our cultural traditions. As to the future, I stated my belief that, with truth, justice and courage as our weapons, we Tibetans would eventually prevail in regaining freedom for Tibet”.

Most of the migrants entered India through Nepal. But in 1989, the Nepal government struck up a semi-informal arrangement according to which the Nepali authorities would allow UNHCR to handle the Tibetans through a purpose-run refugee reception centre in Kathmandu, and then allow their travel to India. This arrangement was known as “The Gentleman’s Agreement,” is the only way that Tibetans can legally and lawfully enter India. If these Tibetans enter through any other route than Kathmandu, they are denied a special entry permit, thus they do not get a Registration Certificate making their entry illegal.

Till date, many still attempt to make a hazardous journey across the Himalayas to enter India to visit or reunite with their families, receive education, a pilgrimage or visit the Dalai Lama etc.

Legal and political issues of the asylum

Around 94,203 of the total population of 128944 Tibetan community are currently living in India. India did not integrate the Tibetan community into its civilization but worked towards its preservation and promotion. The refugee flow from Tibet turned into a humanitarian, administrative and refugee crisis. Although the frontier officials were experienced in dealing with the inflow of refugees as they had earlier built relief and rehabilitation facilities and with the tragic Assam earthquake in 1950, they had an idea as to how to go about the situation.

The refugees could not be welcomed blindly and letting them in would lead to further deterioration of the relations with China. There was a fear of the former People’s Republic of China spies and guerrilla fighters.

There were even questions of a grant of similar spiritual and temporal rights to the Dalai Lama that he had in Tibet due to the grant of political asylum. There were several complications relating to the matter.

When Chinese Premier Li Peng visited India in December 1991, he was welcomed by a wave of protests by the refugees. The Government had to arrest the agitators and leaders with the help of police to remove the demonstrators.

  1. There was a big question mark in front of issues like how to help the refugees. The situation turned out to be overwhelming with bigger issues like food. The authorities organized distribution of roasted barley flour- tsampa which were air dropped by planes.
  2. Transport was arranged for women, children and disabled with the creation of temporary transit camps. Gradually houses were built for them which filled up quite quickly.
  3. The climate and living conditions of the area were bewildering to the refugees with the spread of cholera, measles and malnutrition which was spreading fast.
  4. In some states, the Tibetan refugees cannot get driving licenses or even bank loans. 
  5. The problem of unemployment started growing in the community as this government-in-exile could not give all of them a place in the establishment and most of the graduated youth did not want to follow the age-old traditional occupations like sweater selling or running small shops. Their qualification and skills required new jobs and work. Thus, there was a growing population of literate but unemployed youth.
  6. These Tibetan youth were denied the job opportunities in India due to their statelessness and inability to have the right to own business or obtain the license to engage one or buy land. Moreover, they could not get loans which lead to drug addiction and hopelessness.
  7. These Tibetan refugees could not obtain travel documents to travel abroad. Although they are provided with the Identity Certificate they need to apply for a permit to leave as well as re-enter the country. Those who have the travel documents face the problem at immigration offices as the officials are yet unfamiliar to such documentation.
  8. Some of them who are without identity documents fear harassment, arrest and deportation back to China.
  9. The freedom of speech and expression to the Tibetan Refugees has been time and again severely restricted due to imposition of the foreigner’s act.
  10. Several Tibetan communities have been served notices of eviction. The Central Tibetan Administration has intervened and tried to stall these actions. 
  11. As Tenzin Tselha, an activist with Students for a Free Tibet and daughter of an Indian army officer said, “The status of statelessness is demoralizing and frustrating. There’s a lot of emotional turmoil”.

India’s stand on the issue 

India consists of the largest population of refugees in South Asia but doesn’t have any prominent and uniform law that addresses the issues of asylum. India denied signing the 1951 United Nations Refugee Convention on the Status of Refugees, or it’s 1967 Protocol that defines the rights and information on the services a host state must provide to the refugees.

India has not signed the 1951 United Nations The Passport (Entry of India) Act, 1920, The Passport Act, 1967, The Registration of Foreigners Act, 1939, The Foreigners Act, 1946, and The Foreigners Order, 1948, are consulted by Indian authorities concerning the entry of refugees and asylum seekers. India never ratified the convention and instead chooses to deal with refugee influxes through executive action which is determined by the government’s policy towards the country of origin. Hence, the Tibetans did not enjoy the refugee status according to Indian or International Law. A local office of the UNHRC was set up in India which operated informally and performed a limited role in assistance.

India has an informal refugee regime in line with the International Instruments but no formal asylum policy as the asylum is granted on an ad-hoc or case-to-case basis. India makes its decisions based on the views of the government whereas ideally, the nation should decide on giving the person concerned a chance to be heard.

The two statutes that govern the legal status and rights of these refugees are- the Foreigners Act of 1946 and the Registration of Foreigners Act of 1939. These policies and acts classify the Tibetan refugees as ‘foreigners’. According to the laws, the government regulates the movement of these foreigners into and within India. According to Section 14A, they are required to report to the authorities and the penalty for violation can cause 2-8 years of imprisonment along with a fine of 10000-15000 rupees. As the status of foreigners, they are subject to restrictions on movement, speech and assembly.

Along with this India has managed to ratify International Human Rights Treaties like the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Thus, India is obliged to provide certain rights without any discrimination to the Tibetans and other refugees along with citizens.

India follows the rule of the implication of any International customs only if they are not in conflict with the National law. The 1951 Convention’s principle of non-refoulement prohibiting the return of refugees has been a rule of customary law. The Supreme Court held that this rule has a constitutional status under Article 21 i.e. right to life.

India adheres to the rule of non-refoulement, but later in the 1990s Tibetans were threatened with deportation back to China and were forced to leave.

Indian laws and legal aspect related to Tibetan refugees 

India’s policy toward Tibetan refugees has been evolving since the beginning based on political and practical concerns. The policy can be framed and identified based on five approaches.

1959 onwards 

  • Pt. Jawaharlal Nehru, owing to humanitarian support and respect for the growing spiritual and cultural exchange between Tibet and India, provided a haven for the refugees from Tibet despite the considerable violation of the 1954 Panchsheel Principles between China and India. India provided hope of assistance to the refugees and denied being used as a base to claim the independence of Tibet against Chinese Invasion. There was a significant effort to protect India’s relations with China by the Prime Minister.
  • Thousands of Tibetans followed the Dalai Lama to India and availed shelter and medication. Transit camps were set up and basic assistance was provided to the people. Temporary work programs were initiated for the benefit of the refugees while Dalai Lama was provided with the autonomous government in exile with overt support from the Indian Government.
  • Handicraft centres and education society were established with funding towards special schools for Tibetan children. The Dalai Lama requested for alternative settlement sites in cooler regions for Tibetans as many died or were ill due to the heat and low altitude. Many Tibetans were appointed for road construction work in the Himalayas.
  • The Central relief committee looked after settlements, vocational training, healthcare and education which benefited the refugees through aid programmes sponsored by government and NGOs.
  • No legal status at this point of time was allocated to the people of Tibet.   

The Dalai Lama was never really given a legal political asylum but was welcomed as an honoured guest. He does not possess the United Nations refugee papers and travels using sui generis Indian International Travel document. India does not give political asylum status to refugees from any country and the matter is dealt with in an ad hoc manner. The Tibetans were treated legally at the discretion of India’s executive branch and policies made by the government. They were not even qualified as refugees according to the Indian law.  

1980 onwards 

  • This phase meant the availability of travel documents to many Tibetan refugees with the increased flow of the people from Tibet to reunite with families and visit relatives and friends. They were subject to greater freedom, security, rights and legal status.
  • The Gentleman’s Agreement was implied on the refugees which asked for an entry fee to the route through the legal entrance of Kathmandu for the refugees. Tibetans who tried to enter India by way of the Sino-India border were repatriated because of the sensitive security situation at the disputed border.   
  • The refugees were provided with RCs, could fraudulently avail other documents and start residing in legal Tibetan settlements. 
  • The Tibetan settlements started to expand at an alarming rate and tensions grew between the local communities and the refugees. Thus, to prevent the expansion and tensions, the Indian government and CTA tried to stop the illegal avail of documents, encouraged new Tibetan arrivals to complete education and go back to Tibet and paid more heed to the vulnerable position of the refugees in India.

1994 onwards

  • CTA established a voluntary repatriation policy according to which new arrivals from Tibet received limited temporary assistance. They were not extensively helped with jobs or RCs and were soon encouraged to return to Tibet except children who came to gain knowledge and education and monks and nuns who came for religious training in India.
  • CTA issues prominent guidelines to govern the new entries wherein the new entrants were denied RCs.The monks and nuns who were between the age of 15-25 could stay for 6 months and then appear for the exam, failing which they would have to return. The children too were subject to certain restrictions related to schooling and education wherein children between 6-13 years were allowed to complete their education and older ones were referred to Tibetan Children’s Villages.
  • The environment was not open and safe for the Tibetans who were now arriving and couldn’t expect much help from the CTA.

2000 onwards 

  • This year onwards India began to regulate and control the flow of refugees from Tibet to maintain good relations with China which had strengthened in the past few years, Freedom of assembly and speech were restricted for these refugees and no longer believed in voluntary repatriation.
  • Declaration of Principles of Relation and Comprehensive Cooperation in 2003 depicted India’s acceptance towards Tibet as a part of China. This led to the opening up of important trade posts on the borders of China with India. India decided to take action and control over any anti-China activities. There was also a check on undocumented Tibetans and their presence in India. 
  • India began screening of the Tibetan refugees and created a Special Entry Permit program which authorized the bearers to cross Nepal and come to India for a designated period depending on the purpose of visit.
  • The Tibetans who arrived before this Supplemental Environmental Project policy were given a one time opportunity to avail RC, yet there would be no offerings of citizenship or permanent legal status.
  • In 2006, India restricted further the freedom of expression when Chinese President Hu Jintao visited India and was welcomed through protests by the refugees. There was an imposed ban on protesting and more than 40 Tibetans were arrested.
  • The Tibetan’s were denied access to International travel documents except in a few cases.

2008 onwards 

  • In 2008 after severe protests from Tibetans against China, they were treated with arrests, open fires and force. Thus, the Chinese government implemented severe restrictions to prevent any escape from Tibet to Nepal. This led to a fall in the number of refugees.
  • The Gentleman’s Agreement is still in function concerning the refugees to prevent any wrong and maintain security.
  • Till date Tibetans are arrested, who protest against China in India near the Chinese embassy and Chinese dignitaries.

Tibetan Rehabilitation Policy, 2014 

The Ministry of Home Affairs issued the Tibetan Rehabilitation Policy, 2014 (“TRP”) on October 20, 2014, after negotiations with the CTA. It contained guidelines to promote and provide a uniform policy in all states where Tibetans reside so that the Tibetans could have access to various Indian government schemes and benefits. According to this policy, the Central Tibetan Administration (CTA) will be liable to conduct a census of the Tibetan refugees every five years and report to the central and state governments. Many states have adopted this policy for the benefit of the Tibetans. The policy focuses on two main issues of –  

1) State governments’ refusals to provide leases or other land documents to Tibetans.

2) The denial of welfare and benefits to Tibetans.

  • The Tibetan Rehabilitation Policy, 2014 (TRP) promises more rights and benefits and has the potential to resolve the disputes and the problems if the states agree to implement the lease arrangements described in the TRP. The policy has the power to bring uniform treatment to the Tibetan refugees in the country.
  • The policy was not written in mandatory terms and its acceptance and application were left to the discretion of the authorities. Only a few states validated the application. Efforts were made to make the authorities aware along with training sessions and relevant workshops.
  • There was no mention of the Tibetan refugees having the right to buy property. 
  • The policy provides for the government to enter into lease agreements with Tibetan Settlements for 20 years along with the provision of benefits to them through the Central Tibetan Relief Committee (CTRC) implying that Tibetans would not be able to lease the land in their name. The policy is not mandatory thus has an irregular application along with an ineffective solution to the problem of leasing or buying a property in their name. It still does not address the problem of arrest, deportation and detention, with the Tibetans still living under a foreigner’s status.   
  • The Standard Form Lease Document is a problematic provision in the policy. It states in paragraph 10 the prohibition of all political meetings on settlement land and paragraph 30 allowing the Indian central government to cancel the lease at any time for any reason, upon only 3 months’ notice creates a lot of problems for the Tibetans. 
  • The Policy informs that programs such as the National Food Security Act and the Targeted Public Distribution System Act are available only to Indian Citizens but requests the government to extend the benefit to the Tibetan families like providing ration cards. 
  • The policy authorizes the state government to allow Tibetans to pursue economic activities and avail of relevant papers and trade licences if they have an RC. It also permits the Tibetans to avail loans and driving licenses only on the condition of a valid RC which is again an issue considering the discretionary powers of the authorities in issuing the RC.
  • The policy directs the states to provide infrastructural facilities and basic amenities in or around the Tibetan Settlements.  
  • This policy also brings in benefits on par with Indian Citizens, job opportunities, subsidies for college courses and easily avail of documents.

2015 asylum bill

Congress MP Shashi Tharoor introduced a private member’s bill in December 2015 to provide for the establishment of a legal framework to consolidate and harmonise India’s refugee policies as India needed laws that would reflect India’s international concerns and domestic experience concerning refugees.

He said that the bill would “put India at the forefront of asylum management in the world”. 

But according to sources, Tharoor’s Bill weakened the earlier 2006 proposal which qualifies the protection against expulsions to refugees who are already in India, leaving those at the frontiers vulnerable to rejections. The Bill lacked differentiated asylum features, tools to deal with mixed flows, protection against statelessness, guarantees against militarisation and refugee governance models.

Thus, the future asylum law should reflect the experiences and the country’s exceptionalism in the following aspects –

(i) Different forms of protection should be created. 

(ii) Mixed flows should be addressed with flexible processing mechanisms.

(iii) Mass influxes should be prioritized.

(iv) Proactive governance of refugee situations is required for asylum management and refugee governance.

Indian citizenship to the Tibetan refugees 

The Indian Constitution, in Article 5 includes everyone under the umbrella of citizenship who had a domicile in India, was born in India, a parent was born in India or resided in India in the five years immediately preceding the Constitution’s entry into force. The drawback here is that there is no prominent definition or process of citizenship.

Earlier, the Foreigners Act governed the refugees and titled them as ‘foreigners’ which were mostly used in the negative sense. This act empowered the government to prohibit, regulate and restrict the movement of these refugees out of and within India with limitations on their right to movement. Under this act, they were required to furnish proof of identity, submission of photographs and fingerprints and prohibition on forming associations and engaging in some activities with possession of articles.

Article 11 of the Constitution gives the parliament power to govern the process of citizenship and naturalization. 

Parliament thus enacted the Citizenship Act of 1955 which was later amended in 1986, 2003 and 2019.

At the beginning of the refugee flow, the migrants were not given the right to get Indian Citizenship. After the enactment of the Indian Citizenship (Amendment) Act 1986, which allowed anyone born between 26 January 1950 and 1 July 1987 to avail Indian Citizenship, there were questions regarding the citizenship rights of Tibetian refugees of the second and third generation.

The Tibetan government-in-exile discouraged the Tibetans from taking up citizenship as it would weaken the Tibetan movement and their fight for a free Tibet. But many still would opt for Indian citizenship for the practical benefits.

  • Section 3(1)(a) of the Citizenship Act provides all the Tibetans born between January 26, 1950, and July 1, 1987, with Indian Citizenship but the government policy denies to do so as Tibetans are unable to obtain documents proving their citizenship thus de facto remain as foreigners who are registered in India.
  • Section 4 of the Citizenship Act says that any person born outside India between January 26, 1950, and December 10, 1992, whose father was a citizen of India at the time of birth would be a citizen of India and on or after December 10, 1992, while either of the parents was a citizen of India, will be a citizen of India. For this, the birth should be registered within 1 year from the effective date of the Citizenship (Amendment) Act, whichever is later, or with the federal government’s permission to claim citizenship.
  • Section 6 of the Citizenship Act helps people avail citizenship through naturalization. For this purpose, the applicant must not be an illegal migrant, should renounce the citizenship of any other country should reside have resided in India for preceding 12 months, should have resided in India for nine of the twelve years preceding that twelve-month period, should have a good character and speak at least one language in the 8th schedule along to stay in India. 
  • Further, the amendment to the Act requires affidavits from two respectable citizens of India testifying the character of the applicant along with an oath of allegiance to India.        
  • Applying for Passports is also a major issue as they are rejected by the passport authorities with some of the applicants being warned verbally. Only a few of the refugees managed to get passports and while others sued the passport authorities who upheld their right to citizenship by birth. For avail of a passport, the applicant must obtain and submit a “no objection” certificate from the CTA, as the custodian and representative of the Tibetans in exile. 

Citizenship is important for the Tibetan refugees as it offers benefits which would help the people live a better life. It grants the refugees similar Constitutional rights like freedom of speech and expression, freedom to form associations etc. Without the avail of citizenship, it has been impossible for the refugees to participate in any form of political processes, own property or get government jobs and denial of loans from the banks. They are forced to pay more for their education and cannot legally own companies or obtain any business licenses.

Case analysis   

Namgyal Dolkar v. Ministry of External Affairs 

A Tibetan woman, Namgyal Dolkar challenged India’s Ministry of External Affairs in the Delhi High Court for denying her an Indian passport. According to the citizenship (Amendment) Act of 1986, the Court found that she was entitled to claim Indian citizenship by birth. She was allowed the avail of an Indian Passport and the Ministry of External Affairs was fined with Rs 5000. Even after no change in government’s stand, another man from the Tibetan community challenged it in court in September 2016. The court ruled in his favour again and directed the Ministry of External Affairs to treat all Tibetans who meet the criteria for citizenship by birth as Indians and issue them Indian passports which eventually became the Government of India’s policy from March 2017.

There were some conditions laid down by the government in June 2017 to issue passports to the Tibetan refugees.

1) They are required to get their Registration Certificate (RC) and Identity Certificate cancelled.

2) They should not be staying in designated Tibetan refugee settlements.

3) They should submit an undertaking that they no longer enjoy the benefits offered by the Tibetan government-in-exile.

4) They should submit a declaration that they no longer enjoy any privileges, including subsidies, by being RC holders.

Voting rights 

The refugees were given a foreigner’s status hence they were not eligible to vote in the Indian elections. The Election Commission of India on February 7, 2014, issued a directive to the states to enrol Tibetans born between January 26, 1950, and July 1, 1987, as under section 3 of the Citizenship Act Tibetans born between the years were eligible citizens of India. This decision of the Election Commission was challenged by the Home Ministry on the issue of security and strategy as they were refugees and considered foreigners thus being ineligible to vote. The decision would also deeply impact the diplomatic relations of India with China.

The CTA had no particular stand to the issue but hinted of loss of benefits provided to the refugees if the Tibetans availed voting rights. This also meant the loss of RCs putting them in a vulnerable position as they would lose the required documents proving them a foreigner or a citizen of the country.

Indo-Chinese relations post asylum 

Prime Minister Jawaharlal Nehru, in 1959, gave the decision of providing asylum to The Dalai Lama ignoring Chinese Premier Zhou Enlai’s warning against it. There have been several border and economic issues with increasing rivalry over the years tracing back to the one decision made by the then Prime Minister leading to mistrust. The privileges and benefits provided to Tibetan refugees have created a wave of fluctuations in the relations with China. This has encouraged China to hold up agreements on matters and create boundary issues. Yet this problem is rarely talked about.

  • India has time and again tried to balance the delicate relations with China along with a home to the Tibetan refugees with their cause against China alive. India welcomed the largest population of the Tibetan crisis and controlled their anti-China activities on Indian soil. Post the asylum, China and India also witnessed a border war in 1962 which resulted in a Line of Actual Control being formed demarcating the effective boundary between India and China. China yet did not align its maps and neglected showcasing the ground reality of the borders.
  • After India recovered from the war, it made a clear point to stop legally accepting the new arrivals from Tibet. Certain rights and benefits were taken away from the people of Tibet. They could no longer own land, receive RC and thus the services and rights began to decline to preserve the Indo-China relations.
  • India was one of the first countries to recognize the People’s Republic of China. Along with this India also politely declined a permanent position in the UN Security Council in place of China. All rights enjoyed by the Indian government in Tibet were given up in order to maintain the good relations with China, form a close alliance with them and imply a moral debt to receive policy adjustments from China in India’s favour.
  • India and China entered into a treaty valid for 8 years regarding the scenario for Tibet referred to as the Five Principles of Peaceful Coexistence which focused on mutual respect for territorial integrity, sovereignty, non-aggression, no interference in internal affairs, equality, mutual benefit, and peaceful coexistence. 
  • Despite the consistent efforts by India, China failed to acknowledge them and India got nothing in return. China doubted and questioned India’s efforts as sugary talks and deemed to believe that all of it was a notorious act which was leading to something big to destabilize China.
  • Zhou Enlai came to Delhi in 1956 and stated his dissatisfaction and grudges arising due to the asylum offering to the monk. He also proposed the offering of the colonial McMahon Line pointing out that the Sino-Burmese frontier too was based on this line and encouraged a settlement. India declined the offer.
  • India was facing cuts in military spending and was busy with uncovering political threats to those in power that it missed and was unaware about the progression and completion of a Chinese road in Kashmir that linked Xinjiang with Tibet. China claimed the territory through which the road passed, today known as Aksai Chin. The army was ordered to occupy the area that was earlier left unattended and undefended by India and hence was late in taking action. There was no decision made on demarcation and the countries could not come to a settlement.
  • In 1959, Nehru spontaneously decided to provide asylum to the Dalai Lama to which China considered interfering in their matters and started considering India as it’s enemy.
  • 1976 was a new beginning for both the countries as they resumed diplomatic relations after a gap of 15 years.
  • When Chinese politicians and heads visited India, they were welcomed by protests conducted by the Tibetan refugees. To curb the menace several refugees were arrested and punished.
  • Chinese have time and again tried to intrude into the boundaries of India like in Depsang, Ladakh in 2013. Many such projects and issues have been progressing due to the deteriorating relations like One Belt One Road initiative, China Pakistan Economic Corridor and Doklam border stand-off.

The question of Tibetan settlement has had a considerable impact on the relations of China with India and governs their policies and settlements. Historically, refugees from Tibet were central to Sino-Indian relations. Now, economy and trade may appear to be overtaking it as the first concern, but in soft power terms, India giving shelter to them is inherent to our strategic culture based on soft power.

Conclusion

The Nobel Peace Prize winner Dalai Lama has been an asset to the nation with his initiatives like the Kalachakra held every few years in the state of Bihar and Tibetan schools and Buddhist monasteries where Indians too can go to learn and study. He has helped Buddhism flourish, which originated in India and attracted foreigners from all over the world. The Tibetan medicines have benefitted many Indians which can be available at Men Tsee Khang, established by the Dalai Lama. The Tibetan diasporic communities consider India as their second homeland with many being born and brought up in India. There is a need to preserve the settlements and keep their aura and vibrancy alive. The world appreciated India for making the Tibetan Refugee crisis a successful Tibetan refuge with its amazing hosting skills and services. Although, there is still a need to relax the restrictions and re-evaluate the policies to deal with the issue.

As the Dalai Lama said, “in the end, the innate desire of all people for truth, justice, and human understanding must triumph over ignorance and despair.” India needs to up its standard of humanitarian services and looks into the matter with better policies and laws for the refugees.

References

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