Indian passport. Photographer unknown
By Tibet Sun Contributor
DELHI, India, 18 February 2017
Tibetans living in India who have long been hoping to obtain Indian passport should expect to gain more clarity on the controversial issue.
Lawyers representing Lobsang Wangyal, a Tibetan resident of McLeod Ganj, have filed a contempt petition against the Ministry of External Affairs (MEA) for not following up on the Delhi High Court order of 22 September 2016.
That order asked the MEA to set a new rule so that passports can be issued to Tibetans born in India between 1950 and 1987 and their children.
The old rule practically bars the Tibetans from getting a passport as it requires them to furnish a “Citizenship Certificate” despite the fact that they were born in India.
Based on the new ruling by the Delhi High Court, Wangyal applied for a passport at Regional Passport Office (RPO) in Shimla on 20 October 2016.
The RPO approved issuing him a passport, and the police verification process subsequently began, but despite repeated explanations and proofs by Wangyal, a well-known photojournalist, that he had been residing in McLeod Ganj for nearly two decades, the police issued an adverse verification report to the RPO.
Amongst other things that led to such an assessment was the fact that Wangyal did not own any land or property in McLeod Ganj, and thus was said to be not entitled to permanent residency status.
The petition requests the High Court to initiate contempt proceedings against the authorities and punish them for their wilful disobedience of the court’s judgements, and direct the authorities to issue Wangyal a passport at the earliest.
The respondents to the petition are Pradeep Kumar Sinha, Cabinet Secretary; Dnyaneshwar Mulay, Secretary, Ministry of External Affairs; and Rajiv Mehrishi, Ministry of Home Affairs, Government of India.
The case will be heard on 21 February 2017. Wangyal is represented by Giriraj Subramaniam, of Giriraj Subramaniam Chambers, New Delhi.
Subramaniam unequivocally believes that denying passport to Tibetans is a violation of their basic human right. “Having been born in India, Tibetans in exile should be allowed to pursue their dreams in India like any other proud citizen of India,” he said.
In some cases, it has directly affected their ability to carry on with their duties, as in the case of a young Tibetan air hostess in Delhi who cannot fly overseas due to lack of a passport. In the case of Wangyal, a lack of passport has prevented him from travelling abroad and pursuing his career internationally.
The case of Indian citizenship for Tibetans is not new. Judgements by the Delhi High Court in December 2010 pertaining to Namgyal Dolkar, and by the Karnataka High Court in August 2013 pertaining to Ling Rinpoche, both recognised the right of the children of Tibetan refugees born between 26 January 1950 and 1 July 1987 to be treated as Indian citizens.
In addition, on 7 February 2014 the Election Commission of India issued directions via a letter to the chief electoral officers of all Indian states and union territories for registration of Tibetan refugees and their children in the electoral rolls as per the above judgement.
The petition also requests setting a clear way to surrender the Tibetan Registration Certificate (RC), as there is no clear rule on how to surrender an RC. As per the police rule, those Tibetans would have to surrender their RC to the place of issue, which would require them to travel far away from their current residence. It is recommended that they can be surrendered at the nearest SP Office once the holder gets their passport.
Lobsang la, beginning is always hardest. With overcoming every hurdle one gets new experiences and satisfaction.
When you feel down remember those who have undertaken and succeeded much more hardship in life for the benefit of all.
Everest is climbed only after sheer determination and training for many years.
Don’t get disheartened. Keep on and on, for your lone struggle will benefit many .
Since the case is again before judiciary to make decision, but there is a visible gap between what the law of the land says and what the bureaucracies actually follow at the end. It is the question of who is the ultimate authority in the country and how matters should be resolved legally in the true spirit of rule of law.
The judiciary in India is very independent and it has always upheld the constitution of the country.
Keep the fight on brother. Last time i wished to avail citizenship. A lawyer in my town(dhasa) said it is not easy. It’s a very long process. The comment was quite discouraging. They don’t seem interested to help.
I was born in 82 and i have every right to apply for citizenship but it’s still a dream for many of us. Plus, how can we avail land or property. We are still refugees after 60 years. I am the 3rd generation in my family and still a refugee.
Sometimes i get the feeling that they don’t want us to be citizens because that will put us at equal level.
Although the Indian public treats us fine, the RC office in Dharamshala treats us like dirt. It’s so painful. How long do we have to live like this. Even “CTA” doesn’t do anything to resolve our issue. They are just warming up their seats.
Thanks much Lobsang la … hope the victory of this case doesn’t just go on individual basis like the past couple of cases. Instead this should be the advisory very much needed to be send across India territory so that rule applies for all … thank you again and good luck … Tashi delek
Keep fighting for yourself and on behalf of all Tibetans wishing to avail Indian Passport. And thank you for publicly sharing your experience.