Post-War Realities and Human Dignity: A Trauma-Informed Look at Tamil Asylum Cases

Author: Balananthini Balasubramaniam (Nila Bala) | Small Drops & Stop human trafficking CIC UK

Trigger for Writing: This article was prompted by the Supreme Court of India’s verdict delivered on 19th May 2025 in response to the plea of a Sri Lankan Tamil national seeking refugee status. The Court dismissed the case, expressing that no nation, including India, can endorse illegal activities under the guise of refugee protection. While the legal reasoning may be sound, the broader socio-political and humanitarian implications merit deeper scrutiny.

Main Article: Subaskaran, a Sri Lankan Tamil national, was arrested in Tamil Nadu, India, in 2015—six years after the military defeat of the LTTE in 2009. This timeline is critical, as it reflects a recurring trend: the continued misuse of the LTTE name by individuals and criminal networks long after the organisation had ceased to function. Since 2009, various actors have falsely claimed LTTE affiliation to justify or obscure illicit activities such as human trafficking, modern slavery, and other transnational crimes. It must be unequivocally stated that no country condones or legalises such acts under any circumstances.

What distinguishes many of these cases is the complex interplay of trauma and survival. Individuals often become ensnared in such networks not due to ideological commitment, but as a result of coercion, economic desperation, or unresolved psychological trauma from the war. In my direct observation, many people within displaced or marginalised Tamil communities form strong beliefs based on limited knowledge or misinformation, and assert their positions confidently, even when misinformed. These communities have often lacked access to education, global awareness, or genuine opportunities for post-conflict healing.

It is imperative that these cases be assessed through a nuanced, ethical, and trauma-informed lens. Between 2007 and 2023, many individuals under scrutiny were either the children of LTTE cadres, ordinary civilians, or youths who had joined the LTTE at the ages of 18 to 23. These were pivotal years, framed by state oppression, militarisation, and existential fear. By the time the war ended in 2009, many of these individuals were aged between 20 and 40—a demographic that required targeted support for reintegration into civil life, rather than criminalisation. The sudden collapse of the LTTE created a psychological and social vacuum, and the children of deceased cadres were often abandoned or stigmatised, compounding their trauma.

Furthermore, the Sri Lankan state has, even post-war, failed to take genuine steps towards rehabilitating or caring for its Tamil citizens, particularly in the Northern and Eastern Provinces. Instead, state surveillance, systemic militarisation, and socio-economic exclusion have exacerbated the already deep post-war grievances. In many respects, the conditions today are more dire than they were immediately following the war’s conclusion.

Given this context, the United Kingdom and other international actors must assess individual asylum and refugee cases with greater ethical depth and precision. They should account for:

I) The age and psychological state of the applicant at the time of the alleged incident.

II) The degree of exposure to militarised and coercive environments.

III) The location and underlying cause of the incident.

IV) The broader socio-political context of Sri Lanka’s civil war and its aftermath.

V) The applicant’s language proficiency and capacity to accurately articulate their experience.

While legal frameworks are in place to evaluate such claims, they are not always applied consistently. Political influence, geopolitical considerations, or bureaucratic rigidity can all distort the integrity of the process. A truly just and ethical asylum system must prioritise human dignity, historical understanding, and the long-term psychological impact of war trauma.

This article is not a defence of unlawful activities. Rather, it is an appeal to approach Tamil asylum cases with deeper compassion, discernment, and accountability. By doing so, we can move beyond reductive narratives and work towards justice that honours both legal standards and the lived realities of survivors of structural violence and historical marginalisation.

© 2025 Small Drops | Balananthini Balasubramaniam (Nila Bala)

All rights reserved.

(Disclaimer: Images are AI generated and are used for representational purposes only)

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