Madras HC to Centre: Consider Sri Lankan woman’s citizenship plea in humane manner to protect family unity
Madras HC to Centre: Consider Sri Lankan woman’s citizenship plea in humane manner after the Madurai Bench of the Madras High Court highlighted the risk of a mother being separated from her Indian husband and children due to visa-related issues. The court stressed that compassion and humanity must guide decisions when family life and children’s welfare are involved.
The case relates to a Sri Lankan woman who has been living in Tamil Nadu with her family since 2019. She married an Indian citizen after a relationship that began in Sri Lanka, and the couple later settled in Pudukkottai district. They now have two young children. Her stay in India became uncertain after her visa expired, even though she had entered the country legally.
The woman approached the High Court after her application for Indian citizenship was not forwarded to the Union government. Authorities had taken the stand that she could not be considered as her visa had expired, treating her as an illegal immigrant. This raised concerns about the future of her family life and the emotional impact on her children.
Madras HC to Centre: Consider Sri Lankan woman’s citizenship plea in humane manner amid family concerns
While hearing the matter, the court observed that the woman did not enter India unlawfully. She had a valid passport and visa when she arrived and became undocumented only because her visa expired later. The judge noted that such a situation cannot be equated with illegal entry.
The court underlined that children have a natural right to the care and presence of their mother. Separating a mother from her children due to procedural delays would cause emotional harm and disrupt family life. The judge stressed that constitutional rights related to life and dignity extend not only to citizens but also to non-citizens living lawfully in the country.
The judgment also noted that marriage is a personal choice and is not restricted by nationality. The right to marry and live with one’s spouse is part of the right to life under the Constitution. Denying this right without considering humanitarian aspects would be unfair, especially when children are involved.
Although the woman has not yet completed the required period of stay to apply for citizenship under the law, the court pointed out that the government has options to regularise her stay. These include extending her visa or issuing a special travel document so that she can remain in India lawfully until she becomes eligible to apply for citizenship.
Madras HC to Centre: Consider Sri Lankan woman’s citizenship plea in humane manner under existing legal provisions
The court referred to provisions under citizenship and passport laws that allow the government to act in special cases. It observed that the law gives sufficient flexibility to address genuine humanitarian situations without violating statutory requirements.
The judge suggested that once the woman completes the required period of residence, her citizenship application can be examined on merit. Until then, temporary legal arrangements can protect her right to stay with her family.
The ruling reflects a balanced approach, recognising the importance of national laws while also protecting human dignity and family unity. It sends a clear message that administrative decisions should not ignore the human consequences involved. Read Also : HC directs Centre to consider application submitted by Sri Lankan Tamil of Indian origin for citizenship
Conclusion
The High Court’s direction highlights the need for compassion in citizenship matters involving families. By urging a humane approach, the court has emphasised that legal processes must also respect human relationships, especially when children and family life are at stake.
