Lobsang Wangyal showing his newly-obtained Indian passport during a press conference in McLeod Ganj, India, on 16 March 2017.
Tibet Sun/Contributor
Tibet Sun Newsroom
MCLEOD GANJ, India, 16 March 2017
After ten arduous months fighting two consecutive legal battles in the Delhi High Court, Tibetan journalist and social entrepreneur Lobsang Wangyal finally obtained his Indian passport.
“India is governed by rule of law,” Lobsang said. “The court has given its judgement in our favour, and India is not a Banana Republic.”
In a press conference in McLeod Ganj today, Lobsang showed his newly-obtained passport, gave the history of the legal cases, and explained the citizenship and passport issues related to Tibetans in India.
The first case was filed in May of 2016, and was concluded with a judgement in his favour in September of the same year. In the landmark judgement, the honourable Justice Sanjeev Sachdeva quashed the government’s decision to ask for a citizenship certificate from Tibetans when they apply for a passport. This paved the way for Tibetans to apply, but it was not followed through.
Consequently, Lobsang filed a contempt petition in February, which the court resolved later that month. The passport office issued a passport to him despite police obstructions stating unnecessarily that he didn’t have a house or property to prove he was a permanent resident.
Passport status for Tibetans not clear
After this contempt petition was resolved, it is still not clear whether Tibetans can apply for a passport. The Ministry of External Affairs (MEA) has not issued a new rule to the Regional Passport Offices (RPOs). The old rule is that Tibetans are asked for a citizenship certificate — “which nobody is issuing,” said Lobsang, as he recounted his attempts to find an office to issue one to him.
Lobsang was told by an officer at the RPO Shimla that the MEA is “looking at the issue”, and a decision may soon be taken to issue passport to Tibetans.
Tibetans born in India are citizens
According to Indian law, anybody born in India between the years 1950 and 1987 are citizens of India. This is the “Indian Citizenship Act 1955” — which began 62 years ago.
Following the Chinese occupation of Tibet in 1959, thousands of Tibetans sought political asylum in India. The Government of India issued them stay permits through Registration Certificate (RC), and it became the norm for all Tibetans to hold this document, even when born in India. It had to be renewed every year (now every five years). A holder of an RC is not considered to be an Indian citizen, in spite of the Indian Citizenship Act 1955.
For Tibetans to travel abroad, the Indian government issued the Identity Certificate (IC) (popularly known as the “Yellow book” because of the colour of the cover) in place of a passport. “It takes at least one year to get an IC, and then each time you travel, you need to get a return visa and an exit permit, a complex and time-consuming process,” Lobsang said.
What exile Tibetan Charter says
The Tibetan Charter, clause 8 section 2, says that any exile Tibetan can take citizenship of any country if need be. To show their allegiance to the Central Tibetan Administration (CTA), they hold a “Green book” which reflects their tax payment to CTA.
By revoking the RC and IC, which is required to get the Indian passport, a Tibetan is not renouncing their allegiance to CTA, and can continue to hold the Green book. This is what Lobsang plans to do.
Any Tibetan seeking benefits from CTA, such as employment or medical assistance, must hold an RC and the Green Book. But Indian passport holders will not have a RC as it must be surrendered after getting the passport. Then again, to serve in the highest executive posts of Sikyong or Kalon, an RC is not required. This is a discrepancy which Lobsang requests the Kashag to rectify, either by making RC mandatory for everything that is related to CTA, or scrap the need for RC as a proof of identity. As the Indian passport becomes easier to get, many Tibetans will be giving up their RCs.
RPO Shimla, being the nearest passport-issuing authority, cancelled and returned Lobsang’s Yellow book after they accepted his application for passport, as per the government rule.
Lobsang said that today he went to submit his RC to the SP (Superintendent of Police) office. RPO Shimla has written to the Himachal Pradesh Home Department to look into the procedure for revoking the RC.
He stated, “It is hoped that to surrender RC would be similar to that of the Yellow book, and that the government will ask RC holders to surrender theirs to the nearest SP office.”
“My fight will go on”
At the end of the press conference, Lobsang pointed out that despite the law clearly stating that those who are born in India between 1950 and 1987 are Indian citizens, he still had to go to court to get this law to be enforced. He felt this was a waste of the court’s time, government’s time, and his own time and money.
“If there is a law and the government does not implement it, what is the point of having a law? If all Tibetans have to go to court one by one to get their passport, imagine how much more time and money is wasted.
“My fight will go on until all the eligible Tibetans who want a passport can get one.”
I was born in India before 1987, and I would like to apply for an Indian passport. From this story I am understanding that I cannot apply for a passport now.
Do I have to go to court like Lobsang Wangyal did to get a passport? If yes, could you tell me the procedure to do that and how much does it cost? What documents I need to fight in the court?
If I have to go to court to get a passport, then what’s the point of having a law when it’s not implemented?
I hope Lobsang la respond to my questions.
I saw at ExileTibetans.com, links for all the information for Tibetans making passport: exiletibetans.com/countries/asia/india/. Hope this helps.
That’s a big achievement Wangyal la. Your hard work paid off. Now waiting to see Government of India making it possible for all Tibetans to have a passport. Where in the world people don’t have access to a passport after 60 years of their life in a country? Sixty years is a whole life cycle.
Not issuing passport to people after sixty years of their life in India is more than denying them a basic human right. Moreover, the law clearly says they are eligible to be citizens of India.
It’s high time that the Government of India issues passport to Tibetans living in India, and at the same time lets them have the freedom to carry on with their Free Tibet movement. This way India gets what they want from Tibetans and their movement.
Having to go to court to ask government to implement the law is not helping anybody. It is giving Tibetans a hard time, and the Indian government a bad image. Law clearly says they are eligible. They have already have got the voting right because of that.
By the way, what’s the status of those Tibetans who have got voting right (voting card), as they are still holding their RC. There is a confusion here. Why is Indian government not withdrawing their RCs? By law it’s illegal to keep both, which the Indian government knows, and yet they are turning a blind eye to this matter.
You are the MAN !!!! Proud of you … keep going.
I have seen Lobsang Wangyal as a man of practical wisdom. He has taken a landmark step on obtaining a passport and paving the way for others.
Sixty years of life in exile is way too long a wait for anything like a passport. People need to live a life. Passport is a basic right for anybody, and all the Tibetans in India should get one. The Government of India is denying a basic human right if they are not providing a passport to Tibetans.
I am sure that Tibetans will continue with their fight for a free Tibet, and will live their lives in the way that’s possible to achieve that goal. I don’t see any reason the Government of India need to worry or feel sensitive about issues like that. And India could continue to use the Tibetan card like they have been using.
Tibetans will remain loyal to India for all that it has provided to Tibetans since taking asylum in India. Every Tibetan feels grateful to India, but India could a bit stronger, and provide passports to Tibetans.
Anyway, the way Mr Wangyal has argued, India goes by rule of law, and when it’s a clearly written law that allows Tibetans born in India between 1950 and 1987 and their children to be citizens of India, why the Government of India is not implementing that?
I am for India issuing passport to Tibetans.
Jai Hind, Jai Tibbat!!
Hail to our hero and pioneer!
Awesome LW, and keep going.
Please, Lobsang Wangyal la, your news article caption is a misleading one. Because, only Tibetans in India who are entitled under this provision may get Indian passport soon, but not all Tibetans in India, especially those who came from Tibet. I hope you understand that, otherwise it has other consequences by creating confusion. I appreciate your work but at the same time make clear and avoid problems for other people. If possible please change your caption again and make it clear.
Lobsang, well done! This is a great step forward for those Tibetans wishing to live and travel more freely. At least they will have a choice and when there is a choice then there should not be worry! A milestone in history.
I was following his case closely. His triumph has encouraged me to pursue mine. I am born in 1982 and my brother in 1984.
Our local lawyer, known as Rana in Dhasa, somehow discouraged me twice upon inquiring about citizenship. When we can apply for voter id, then what’s wrong with citizenship? Plus CTA and its double standards, as Lobsang has rightly pointed out, is really disturbing.
Someone said that since Tibetans abroad are doing the same, why can’t Tibetans living here do it? We are still uneasy about our future. Take a good look at your old parents, and you will be forced to think about yourself and your children.
Great job. This is good scopes for Tibetans who are born in India and could have more benefit as Indian citizenship. Lobsang you did a great job. Please do help and make those all Tibetans who are eligible for it.
Lobsang la, as I can see, you already won, yet still you are fighting for us. We are very very thankful to you, you are making history here. People will never forget your contribution.
Thanks once again.
Lobsang la,
Congratulations! And by extension, congratulations to all Tibetans aspiring to avail of Indian Passports. This is a huge step towards unfettered access to Indian passports. And thank you for the concluding sentence
“My fight will go on until all the eligible Tibetans who want a passport can get one.”
Running a website costs money, hiring lawyers needs money. We must support deeds like this in concrete ways, for example, by donating money to help keep the website running and open to everyone’s views.
Thank you
Lobsang Wangyal you are a genius and you have really done an incredible job. We need people like you more in our community who can fight for our fundamental rights. But alas! In our community people who really help and contribute to the welfare of our community are misinterpreted, discouraged, and abused.
“But alas! In our community people who really help and contribute to the welfare of our community are misinterpreted, discouraged, and abused.”
So true! Since when did our society become so self-destructive!
Your fight is for the cause and I appreciate and support you. Thank you.