This chapter examines the suppression of Tibetan refugees’ subjectivity and its impact on their agency within the Indian legal and political framework. Following Foucault, it argues that refugee subjectivity is not innate but constructed through state discourses, classifications, and power relations that define refugees as regulated bodies rather than rights-bearing individuals. In India, this manifests in the conflation of refugees with foreigners under immigration and citizenship laws, which erase the distinct identity of refugees and subject them to surveillance, control, and criminalisation. The chapter analyses the evolution of India’s immigration framework, revealing how legal provisions empower the state to detain, deport, and discipline refugees while denying them procedural safeguards such as non-refoulement. By examining the Tibetan experience, it demonstrates how political discourse portraying Tibetans as “successful” refugees perpetuates passive subjectivity through gratitude and fear. Yet, Tibetan refugees also resist this imposed passivity through moral, political, and legal agency—protesting injustice, mobilising community organisations, and claiming rights through courts. These acts of resistance, such as Tenzin Tsundue’s protests and Namgyal Dolkar’s citizenship case, represent efforts to reclaim voice and autonomy within restrictive systems. The chapter concludes that while India’s humanitarian discourse accommodates refugees, it simultaneously silences them politically. A redefinition of refugee subjectivity and agency is essential—one that confronts structural control and recognises refugees as active participants in the pursuit of dignity, justice, and belonging.

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Suppressed Subjectivities of Tibetan Refugees: Curb on Refugee Agency

  • Hemaadri Singh Rana

摘要

This chapter examines the suppression of Tibetan refugees’ subjectivity and its impact on their agency within the Indian legal and political framework. Following Foucault, it argues that refugee subjectivity is not innate but constructed through state discourses, classifications, and power relations that define refugees as regulated bodies rather than rights-bearing individuals. In India, this manifests in the conflation of refugees with foreigners under immigration and citizenship laws, which erase the distinct identity of refugees and subject them to surveillance, control, and criminalisation. The chapter analyses the evolution of India’s immigration framework, revealing how legal provisions empower the state to detain, deport, and discipline refugees while denying them procedural safeguards such as non-refoulement. By examining the Tibetan experience, it demonstrates how political discourse portraying Tibetans as “successful” refugees perpetuates passive subjectivity through gratitude and fear. Yet, Tibetan refugees also resist this imposed passivity through moral, political, and legal agency—protesting injustice, mobilising community organisations, and claiming rights through courts. These acts of resistance, such as Tenzin Tsundue’s protests and Namgyal Dolkar’s citizenship case, represent efforts to reclaim voice and autonomy within restrictive systems. The chapter concludes that while India’s humanitarian discourse accommodates refugees, it simultaneously silences them politically. A redefinition of refugee subjectivity and agency is essential—one that confronts structural control and recognises refugees as active participants in the pursuit of dignity, justice, and belonging.