Tibetans in India entitled for Indian citizenship: Delhi High Court

Himalayan Guardian Jan 26, 2011

Dharamsala, Jan 25: After a legal battle of two and half years, Namgyal Dolkar Lhagyari became a Tibetan-Indian after a Delhi High Court ruling on 22 December 2010. She was given Indian citizenship according to India’s Citizenship Act of 1986.

Namgyal Dolkar is the oldest of four siblings who are descendants of Tibet’s 33rd King Songtsen Gampo, who reigned over Tibet and a greater part of Asia in the 7th century.

She lodged a case against the Regional Passport Office in Delhi after her application for a passport was rejected, Tibet Sun reported.

“The passport office told me that the Ministry of External Affairs (MEA) had ordered them to refuse a passport,” Namgyal said. The case was then directed against MEA.

The court then ruled that Namgyal Dolkar was entitled to Indian Citizenship according to the Citizenship (Amendment) Act 1986. This act entitles any person born in India, on or after 26 January 1950 but prior to the commencement of the 1986 Act on 1 July 1987, to citizenship of India by birth, the report said.

Namgyal Dolkar Lhagyari was born on 13 April 1986. She said that the court ordered MEA to pay a compensation of 5,000 rupees and ordered the passport office to issue her a passport within two months.

The Regional Passport Office in Delhi had rejected Namgyal’s application, saying that her parents were Tibetans.

Namgyal is one of over 94,000 exile Tibetans in India. There are 127,935 Tibetans living in exile, according to a 2009 population census report of the Tibetan government-in-exile. From the total, most of the Tibetans numbered 94,203 are living in India. As many as 13,514 are living in Nepal, 1,298 in Bhutan and 18,920 are scattered around the world, mainly in North America and Europe.

   Namgyal’s younger brother, Namgyal Wangchuk Trichen Lhagyari, was enthroned as the direct descendant of the first dharma king Songtsen Gampo at a coronation ceremony presided over by the Dalai Lama in June 2004.

Namgyal has a BA English Honours degree and is currently pursuing MA English in Dehra Dun.

Replying to questions by email about being a Tibetan-Indian, she said, “Yes, I believe now I am a Tibetan-Indian if that’s the term which would define it, but I was born from Tibetan parents who had struggled for their nation and continued with their duties. My father did that till his demise.

“As for my Amala (mother) she has always reminded all of us of our duties as Tibetans. I therefore doubt if I would ever cease to be an accountable nationality — instead I feel even more strongly for my nation, and feel confident that I can now do something constructive for my people.

I sincerely believe that everyone should realize their rights and utilize them responsibly for everyone. I am undoubtedly a Tibetan at heart though may be called an Indian.”

Meanwhile, the exiled Tibetan government has welcomed the court’s verdict and termed the order as a “landmark” judgment.