The formulation of the Immigration and Foreigners (Exemption) Order, 2025, notified by the Union Ministry of Home Affairs on September 1, 2025, provides greater clarity on certain issues concerning India’s immigration framework.

Purpose of the Order

• The order grants exemptions to certain groups, allowing them to enter, stay, and exit India without a passport or visa. 
• It essentially provides a “special pass” for these individuals to reside in India.

Beneficiaries of the Exemption Order: The groups exempted by this order include

• Specified Indian citizens.
• Citizens of Nepal and Bhutan.
• Tibetan refugees.
• Six religious minorities from Afghanistan, Bangladesh, and Pakistan.
• Sri Lankan Tamils.

Background of Sri Lankan Tamils

• Historical Tensions: Post-independence, tensions escalated between the Sinhalese majority and the Tamil Hindu minority in Sri Lanka, partly due to British “divide and rule” policies and Tamil concerns over language and rights.
• Civil War (1983): In 1983, these tensions erupted into a civil war, with Tamil militant groups (like the LTTE under Prabhakaran) demanding a separate state amidst widespread persecution of Tamils.
• Exodus to India: Facing threats to their lives, many Sri Lankan Tamils fled their homes and sought refuge in India, predominantly in Tamil Nadu, due to its geographical proximity and strong cultural and linguistic connections.
• Current Situation: Millions have resided in refugee camps in Tamil Nadu for over 30 years, living in a precarious state of being “neither here nor there”.

Impact of the 2025 Order on Sri Lankan Tamils

• Limited Relief: The order offers some relief by protecting eligible Sri Lankan Tamil refugees from forceful repatriation back to Sri Lanka. 
  • The order indirectly signals to eligible refugees that they are safe in India and will not be deported.
• Conditions: This exemption applies only to those who arrived in India before January 9, 2015, and registered themselves with the authorities.

Issues with the Order

• Illegal Migrant Tag: Eligible Sri Lankan Tamils still retain the “illegal migrant” tag, which remains a major obstacle. This status effectively bars them from acquiring Indian citizenship.
  • Citizenship Act 1955: India’s Citizenship Act (1955) allows citizenship through Section 5 (registration for those of Indian origin) or Section 6 (naturalisation for those who have lived in India for an extended period with valid documents).
    • However, neither section applies to those who entered without valid documents, as these refugees did.
  • Current Stance: The government essentially allows them to stay but denies them citizenship.
• CAA Connection: The Citizenship Amendment Act (CAA) 2019 fast-tracked citizenship for non-Muslim minorities from Pakistan, Bangladesh, and Afghanistan, claiming they faced religious persecution.
  • Some raise questions as to why Sri Lankan Tamil refugees were excluded from the CAA, arguing that they also faced persecution during the civil war, despite the government’s distinction between “terrorism” and “civil war”.
• Long-Term Visa Hurdles: Even if citizenship is not granted, Sri Lankan Tamil refugees are not eligible for Long-Term Visas (LTVs), which would allow them a more normal life (e.g., opening bank accounts, buying property, securing proper jobs, accessing higher education). 
  • After 30 years in India, they remain in a state of helplessness, unable to fully participate in society.

Way Forward

• Liberalise Long-Term Visas: If full citizenship is not feasible, the government should at least provide LTVs or similar identity documents.
  • Example: Tibetan refugees are issued a “Certificate of Identity” which allows them to travel and work; a similar model could be adopted for Sri Lankan Tamils.
• Voluntary Repatriation: For those who wish to return to Sri Lanka, India and Sri Lanka should collaborate on a “structured assistance scheme” to help them reintegrate, providing support for housing and jobs.
• Local Integration: For those who have built their lives in India and do not wish to return, they should be gradually integrated into society by providing legal status and simplifying the citizenship process. 
  • This aligns with the Indian ethos of “Vasudhaiva Kutumbakam” (the world is one family).

Conclusion

Balance between national security and humanitarian concerns is crucial, with a human-centric approach. As Dr. B.R. Ambedkar said, “Fraternity” ensures unity and solidarity, guiding government decisions for security and social harmony.

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