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D.S. Senanayake, the first Head of the Government of Ceylon (Sri Lanka) was the main architect of the
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D.S. Senanayake |
Independence of Sri Lanka. Born on October 20, 1884 he entered the State Council in 1924 and took apart in almost all discussions and negotiations to free this country from the British Imperial rule. On February 4, 1948 the fruits of his labour were realised and he became the 1st Prime Minister of Lanka.
One of priorities he had to face was to identify the citizens of this country. This position arose as there was close to a 700,000 Indian Labour force employed in a country which had a mere population of about 4 million. These Indians were brought to Lanka by the British to work in their plantations as a migrant labour force. Numerous discussions that took place before Independence between the Sri Lankan delegates and the Indian delegation regarding repatriation failed as the Indians refused to accept it as its their responsibility. And as that time both countries were governed by United Kingdom it became the responsibility of the British to produce the solution.
The Independence of Sri Lanka was getting delayed due to the franchise issue arising from this major obstacle. As such, the United Kingdom and Sri Lanka agreed to hold the election of 1948 on the 1931 franchise, on the firm understanding that the newly elected Parliament of Sri Lanka will be empowered to determine its own citizens. The adoption of the 1931 franchise for the general Election of 1948 allowed all British Subjects to vote; hence as a result about half the Indian Labour force and even the British Planters voted at this General Election.
"The voting pattern adopted by the Indian population and the process they followed at the General Election alarmed the Sri Lankans"
The voting pattern adopted by the Indian population and the process they followed at the General Election alarmed the Sri Lankans. A communal organisation namely ‘The Ceylon Indian Congress’ nominated seven candidates to contest the Kandyan areas and won six seats losing only one and that to another Indian Tamil candidate, who contested independently. The communal voting pattern was so strong that wherever they had the majority they elected a member from their communal organization. Where there was no majority they followed the directions of their communal organisation and elected a member who was favourable to them. Since most of the Indian population was concentrated in Kandyan areas, of the fourteen electorates of the Kandyans, representation was denied to them in seven constituencies and altogether thirteen electorates were dominated by Indians.
D.S. Senanayake could not allow the newly won freedom to be denied to the Kandyan villagers, who constituted a large segment of the population and who had suffered the most under the British Rule. It was his responsibility and his duty to see that all Sri Lankans enjoyed the fruits of freedom, to make this a reality he introduced the “Citizenship Bill” and the “Indian Residents (Citizenship) Bill” in Parliament.
Introducing the Citizenship Bill on August 19, 1948, he told Parliament that, “The necessity for us to have this Bill at the present time arose from the fact that after becoming a Dominion we have the right to determine our own citizenship and enact our own laws for that purpose. Today we go as British subjects; but as we have become a Dominion, it has become very necessary for us to know exactly who the citizens of this country are. It is for that purpose that I am introducing this Bill, and you will notice that this Bill does not confer any privileges or rights, but only determines citizenship.
"The communal voting pattern was so strong that wherever they had the majority they elected a member from their communal organization"
As far as this Bill is concerned, you will notice that in clause 8 we have taken particular care to see that those who have undisputed Ceylon citizenship will be recognized as Ceylon citizens, while those who are citizens of other countries will not be recognized as Ceylon citizens. Any privileges to be extended to citizens of other countries will be discussed in the Bills that are to follow.”
The Citizenship Bill
Discussions that commenced with Indian Authorities even before 1941 continued even after India became an independent nation, in order to arrive at an amicable solution. The newly independent Government of India initially accepted the fact that the Indian labour force present in Lanka are Indian citizens, but objected to compulsory repatriation, stating that those who have lived in Sri Lanka for some time should be given the opportunity to become citizens of this country. Thus created a problem for Sri Lanka because of the physical presence of a huge foreign population. As no solution was in sight, within four months of presenting the “Citizenship Bill”, “The Indian Residents (Citizenship) Bill” was taken up for debate on December 9, 1948.
The Hon. Mr. D.S. Senanayake: “I move
‘That the bill be now read a Second time.’
In doing so I crave your indulgence, Sir, and the indulgence of the Hon. Members to place before the House certain historical facts with regard to the provisions of this Bill. It was my hope to be able to introduce this Bill without going into past history. I was hoping that it would have been possible to arrive at some arrangement which would be satisfactory to India and to ourselves before the introduction of this Bill, but unfortunately although we made every effort from 1941 onwards and even earlier we have found that there is no satisfactory solution which will satisfy our Indian friends.
"Before the British occupation, all inhabitants of Ceylon were considered to be nationals of Lanka. After the British occupation, we became British subjects, and the nationality we had was lost"
As you are aware, the Ceylon Citizenship Bill has been introduced and passed. According to that Bill anyone who can claim domicile of origin can become a citizen of Ceylon. Of course, there are other provisions too for registration. Descendants of all communities that inhabited the Island, whether they descended from Yakkas or Nagas, have been provided for. Before the British occupation, all inhabitants of Ceylon were considered to be nationals of Lanka. After the British occupation, we became British subjects, and the nationality we had was lost. Now, with the grant of freedom, each country according to establishments can choose its own nationals. The Citizenship Bill has made provision for this.
The present Bill is an extra provision we are making for the benefit of Indians who do not come under these categories. In regard to this Bill under consideration we only want to make concessions to those who make Ceylon their permanent home, and we must take care to prevent people coming in by merely looking for loop-holes and loose definitions, when they have no real intention of becoming Ceylon citizens.”
The attitude adopted by the Prime Minister of India, Shri Jawahalal Nehru during their discussions was tabled on December 9, 1948 in Parliament by D.S. Senanayake
This is what I would wish to quote:
The Hon. Mr. D.S. Senanayake: It reads:
"D.S Senanayake established the fact that the Indian population was a migratory labour force and not a permanent settlement"
‘The Prime Minister of India opened the discussion by saying that, so far as India was concerned, if all Indians in Ceylon wished to retain their Indian nationality, they are welcomed to do so. However, there was a number of Indians who had been long resident in Ceylon, had made that country their home and were, therefore, desirous of becoming citizens of Ceylon. India was anxious that they should be given the opportunity of doing so. The Prime Minister further made it clear that it was not contemplated that the Indian who elected for Ceylon citizenship should also retain his Indian nationality. It was to be clearly understood that an Indian admitted to the citizenship of Ceylon would cease to be an Indian national.’
He went on to say,
‘The attitude I adopted at the discussions was this:
‘The Prime Minister of Ceylon stated that he appreciated the position outlined by Pandit Nehru. There had certainly been a change in the position of the two countries since 1941. During the previous discussions, India and Ceylon formed dependent parts of the British Empire. Now the position was different and Ceylon was able to control immigration into the country and to determine who should be its citizens. He also wished to say that he was desirous of the friendliest relations existing between the two countries. While Ceylon would certainly find it difficult to absorb in her economy the large number of Indians resident in Ceylon, it was his desire’
That was my desire - ‘to absorb all those who had made Ceylon their home. Persons who really did not intend to make their permanent home in Ceylon should, however, be prevented from acquiring the status of Ceylon citizens.’
An opportunity to become Ceylonese
Now that is the position I took up. We want to give those people who have made Ceylon their home an opportunity to become Ceylonese. This is not an opportunity which we give the nationals of any other country and we would certainly resist to the utmost those people who want to have a foot here and a foot elsewhere by becoming citizens of Ceylon as well. It is in that spirit, Sir, that I bring this Bill before the House.”3
Referring to The Ceylon Citizenship Act and The Indian Residents (Citizenship) Bill,
D.S. Senanayake said,
“From the very beginning up to the- present moment, we have provided for Englishmen in this country; in fact, we have provided for all sections of the people. The Dutch conquered us; the Dutch and the British, all possess today one privilege and one right only, that is to be citizens of this country. We have absorbed them all, and in this instance, we are trying to give an additional privilege to the people of India, a privilege which we have not extended to anyone else.”
"There was an opportunity given to a person to show that he wanted to be a resident of Ceylon by making the declaration and renouncing his claim to Indian citizenship"
Quoting extensively from documents that emanated from the Indian Government and from agreements between the Government of Ceylon (Sri Lanka) and the Government of India, he established the fact that the Indian population was a migratory labour force and not a permanent settlement. However, he was prepared to grant citizenship to those who were genuinely opting to make this country their home. But, was not prepared to embrace a huge population of Indians just because they happen to reside in Sri Lanka at that time. Dismissing the new found attachment to Ceylon (Sri Lanka) by these Indians, he went on to say that under the Donoughmore Constitution an opportunity was provided to all Indians who lived here for five years to become citizens of this country if they so desired, by merely making such a declaration. This opportunity was available throughout the sixteen years of the existence of the Donoughmore Constitution, but was not utilised except by a handful. Others became interested only when Sri Lanka was to become an independent nation.
D.S. Senanayake went on to say,
“At that time the opportunity was given to those who wanted to make Ceylon their home to make a declaration of their intention to make Ceylon their home. I wonder how many of these people did make such a declaration. I remember about four or five years ago, of the large number of Indians who were here, there were only about 200 people who made the declaration. Here was an opportunity given to them. A large number of people may have come here in other ways, but there was an opportunity given to a person to show that he wanted to be a resident of Ceylon by making the declaration and renouncing his claim to Indian citizenship. But there were only 200 persons who were willing to make the declaration.
Of course, before the last General Election there were a number of people who went round the country and tried to have names registered. Even now when that opportunity was given to them to renounce their rights in regard to India and make the declaration, I believe there were only a very few who did so.
Now some of our friends who have got such a love for us, who want to be on the friendliest terms with us, still go to India and try to create ill-feeling by telling them that we are not just to the Indians here. If that is the attitude of a set of people whom we are trying to take into our fold, I ask, what would be our fate if they become Ceylonese? I can tell you this much, that it is our intention to make a careful scrutiny of every application that is made for citizenship, but it is not our intention to prevent any person who is legitimately entitled to become Ceylonese from becoming Ceylonese. It will be our endeavour to be fair to both sides.
"We know that during British rule it is the Kandyan people who had lost their political and other rights if any community lost its rights"
I have just come across the quotation of Mr. Menon, and this is what he said:
‘They made little use of the village amenities and consequently took very little interest in village elections. The proposal therefore to include Indians may prove detrimental to the villagers themselves.’
I suppose he is a true Indian. He is a man who could have been relied on. He knew the conditions here and stated what was fair. Up to the time of these elections there was no desire on the part of the Indians to claim citizenship. All that they desired was to be regarded as Indians.”
On December 10, 1948, The Indian Residents (Citizenship) Bill was passed with a comfortable majority in Parliament. Even the Leader of Tamil Congress, G.G. Ponnambalam and the other Members of Parliament of the Tamil Congress voted in favour of the Bill.
Not a reasonable complaint
Answering the charges made by Mr. Aziz, the honourable Member for Maskeliya, and justifying the decision he took, Hon. D.S. Senanayake told the House of Representatives on 24th July 1951, that,
“I believe the Donoughmore Constitution was in operation for 16 years. Within that time anyone who had been in Ceylon for five years if he wanted to be a resident of Ceylon had only to make that declaration. The declaration was that he did not expect the protection of any other Government, that he would forego all the privileges that were obtained for him by the Indian Government and that he would depend on this government for his future continuance. Therefore, for this gentleman to say now that we are rushing through registration, an act which would amount to political murder of these good Friends of ours, is not a reasonable complaint. If they did not want to have themselves registered as citizens of this country during 16 years that were available to them and yet felt that for 16 long years they should have a person from India to protect them and also that they should enjoy all the privileges of this country as Indians, I think it is unreasonable attitude to adopt when they say that we have taken this step to murder them.
Of course, they say they want an extension of time. I do not want to refer to their boycott, but even before that, before this Constitution came into existence, they had the opportunity of having themselves registered. If, they did not take advantage of that opportunity at that time, now, after we have got our independence, for them to claim that they should have a voice in the affairs of this country, is a claim which I humbly beg to say is not justified.
We want to be as fair as we could to them. That is, if they wanted to become Ceylonese, every opportunity was given to them. That opportunity may have been given to them against our will; it may be that the British Government imposed that condition on us. However, that may be, they had that opportunity, and, having had that opportunity, they did not make use of it. Now they say something heinous has been done to them. I should like to ask them to consider the position.
We know that during British rule it is the Kandyan people who had lost their political and other rights if any community lost its rights. We know that the land that was available for the cultivation coffee, tea, cocoa, and so on. That land was for the most part in the Up-country areas. It had been taken over by the then government. The Kandyans lost their lands and we know the position they are placed in today. Therefore, if Independence means anything to them, and if any political rights are to be enjoyed by anybody, surely, it is they of the Kandyan Districts that ought to enjoy these political rights. We must realize that if anything is to be gained by freedom it has to be the right of the vote. I ask my honourable friends here who did not want to become Ceylonese when the opportunity was given to them why they try to deprive these Kandyans of the freedom that this country enjoys.”
Even C. Suntheralingam, an eminent scholar and a prominent member of the Tamil community, who resigned from D.S. Senanayake’s Cabinet on the Indian issue, accepted in Parliament on July 16, 1953, the plight of the Kandyan Sinhalese community when he said,
“From the very outset my attitude in this matter has been perfectly clear. We shall have no solution, but an agreed solution. Agreed by whom? First by the people of the Kandyan Provinces - I refer to the Kandyan Sinhalese. They all have had a raw deal in all these transactions. Whether the Indians came on invitation or not, the fact remains that the Kandyan lands have been taken over by European capitalists. They have been developed by non-Ceylonese labour and amenities were given to Indians which were denied to the Kandyan villagers. Whatever solution is reached must have their first and full consent.”
‘Stateless Community’
Not granting citizenship rights to the huge Indian population living in Sri Lanka may have saved the country from a dangerous predicament. But their continuous presence in the country was a problem to Sri Lanka that had to be settled in consultation with India, and with this in mind number of discussions were held with the Government of India to bringing about an amicable settlement. From the very inception and throughout the regime of Hon. D.S. Senanayake, the Government of India accepted the position that all Indians Jiving in Sri Lanka are Indian nationals and that they are welcome back to India. However, they were willing only to accept voluntary repatriation and not compulsory repatriation; as such the problem was held in abeyance.
On April 12, 1953, the Indian High Commissioner C.C. Desai, for the first time indicated to the Government of Ceylon (Sri Lanka) headed by Dudley Senanayake, who succeeded D.S. Senanayake as Prime Minister, that the Indian Government considers all persons of Indian origin living in Sri Lanka, who do not possess Indian Passports or passes, as citizens of this country and not as Indian nationals. This position was totally rejected by the Government of Ceylon (Sri Lanka). It was then that the Indian High Commissioner introduced the concept ‘Stateless Community’ to identify these people. Sri Lanka always maintained that they were Indian nationals and that India must take responsibility for them. This difference of opinion was clearly expressed in a joint communique issued in Delhi on October 10, 1954, by the then Prime Minister of Ceylon (Sri Lanka) Sir John Kotelawela and Shri Jawaharlal Nehru the Prime Minister of India.
It stated thus, ‘There is a basic difference of opinion between the two delegations in regard to the status of people of Indian origin in Ceylon. The Ceylon delegation stated that it has always been the position of Ceylon, as it still is, that such persons continue to be citizens or nationals of India unless or until they are accepted as Ceylon citizens. The Ceylon delegation could not therefore accept the position that any these persons are stateless. The Indian delegation stated that only those persons of Indian origin who are already in possession of Indian Passports and passes or who have been registered in the Indian High Commission under article 8 of the Indian Constitution are Indian citizens. Other persons of Indian origin who are not either Ceylon citizens or Indian citizens are therefore at present stateless. It was further stated that there could be no automatic conferment of Indian nationality on persons belonging to this category. ‘
The Prime Minister of Ceylon (Sri Lanka) Mrs. Sirimavo Bandaranaike on October 30, 1964 entered into a pact, better known as the ‘Sirima-Shastri Pact’, with Lal Bahadur Shastri, who succeeded Shri Jawaharlal Nehru as the Prime Minister of India, to settle this problem. Accordingly, India agreed to take back 550,000 persons and Sri Lanka were to absorb 300,000 persons leaving a residue of 150,000 persons whose future was to be decided at future talks. Unfortunately, that too could not be successfully implemented because of India’s reluctance to accept compulsory repatriation. It was very evident that the Government of India was not going to accept the responsibility for these people and as the Sri Lanka Government was not inclined to budge from their position and the problem was in a state of impasse.
However, in 1983, during the time of President Jayewardene, Sri Lanka encountered a separatist movement unleashed by a brutal and ruthless terrorist organisation known as the Liberation Tigers of Tamil Eelam (LTTE). It is a well-known fact that India not only nurtured and armed this ruthless organization, but also threatened Sri Lanka to prevent the use of its military power to crush this terrorist movement when it was in its infancy. When it became out of control, India offered its help, did send the Indian Peace Keeping Force, but at the same time demanded its ‘Pound of Flesh’. Of the many conditions Sri Lanka had to agree to, one was to absorb the Indians residing here as citizens of Sri Lanka.
Though Sri Lanka was forced to agree, the strong arm tactics adopted by India to force the acceptance of all the conditions stipulated by the Prime Minister of India, Rajiv Gandhi, did not save Sri Lanka from the separatist war and the ruthless terrorism it entailed. For two decades Sri Lanka was subjected to brutal terror that engulfed both the Sinhala and Tamil communities. Finally, it was the Sri Lankan armed forces that completely crushed the LTTE and saved this nation.
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