Tibetans born in India between 1950 and 1986 can now become Indian citizens

NATIONAL: 25-yr-old first Tibetan to be Indian citizen

CHANDIGARH: Thousands of Tibetans born in India between 1950 and 1986 may have a reason to cheer. They can now become Indian citizens under the Citizenship (Amendment) Act 1986. These Tibetans have 25-year-old Namgyal Dolkar to thank, who although born in India was declined citizenship and termed ‘stateless’.

Dolkar became the first Tibetan to get Indian citizenship after Delhi High Court ruled in her favour last month. ”I am a Tibetan at heart, but now I am an Indian citizen. I believe one should be aware of one’s rights, and I got my rights due to my awareness,” she told TOI.

Dolkar is no ordinary Tibetan. She is the oldest of four siblings who claim descent from Tibet’s 33rd King Songtsen Gampo, ruler of Tibet in the 7th century. In June 2004, during a coronation ceremony presided over by the Dalai Lama, her younger brother, Namgyal Wangchuk Trichen Lhagyari, was ordained descendent of the first dharma King Songtsen Gampo.

Dolkar said she hoped her case would help others Tibetans struggling for an identity in India. ”For one year, Dolkar’s queries went unheard. We sent a legal notice, but after it failed to get a response, we approached the Delhi High Court,” said Roxna S Swamy, Dolkar’s lawyer.

”I found that Tibetans, who are eligible for citizenship as per the amended 1986 Citizenship Act, were not aware of it,” she said. ”According to the Citizenship (Amendment) Act 1986, any person born in India on or after January 26, 1950, but prior to the commencement of the 1986 Act on July 1, 1987, is citizen of India by birth.”
Born in Kangra, Himachal Pradesh, on April 13, 1986, and brought up in Dehradun, Dolkar never thought her quest for national identity would lead to a legal battle that would turn out to be a milestone for her exiled community.

The battle began after she applied for an Indian passport in March 2008 in Delhi. The passport office rejected her application, saying her parents were Tibetans. In response to her application, the passport office wrote back on September 1, 2009 that the ministry of external affairs had decided that she could not get a passport and be treated as an Indian.

Dolkar then approached the high court. Justice S Muralidhar on December 22, ruled Dolkar was entitled to citizenship. The court had also ordered MEA to pay her a compensation of Rs 5,000, and give her a passport within two months.

Dolkar is no ordinary Tibetan. She is the oldest of four siblings who claim descent from Tibet’s 33rd King Songtsen Gampo, ruler of Tibet in the 7th century. In June 2004, during a coronation ceremony presided over by the Dalai Lama, her younger brother, Namgyal Wangchuk Trichen Lhagyari, was ordained descendent of the first dharma King Songtsen Gampo.

Dolkar said she hoped her case would help others Tibetans struggling for an identity in India. ”For one year, Dolkar’s queries went unheard. We sent a legal notice, but after it failed to get a response, we approached the Delhi High Court,” said Roxna S Swamy, Dolkar’s lawyer.

”I found that Tibetans, who are eligible for citizenship as per the amended 1986 Citizenship Act, were not aware of it,” she said. ”According to the Citizenship (Amendment) Act 1986, any person born in India on or after January 26, 1950, but prior to the commencement of the 1986 Act on July 1, 1987, is citizen of India by birth.” Born in HP and brought up in Dehradun, Dolkar never thought her quest for national identity would lead to a legal battle.

source:Times of India