18 June, 2026

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Incomplete Justice Beyond 200 Years

By Shageetha Balachandran

……….She hurries her steps, as she climbs to the top, at the last call of the horn.

If she’s late, like Jesus in front of the cross, She has to stand before the Kangani and the Kanakku pillai,

Like the sinner she is not,

Bent and twisted in sixteen places, and with rage muted, pleads with all to not cut her pay for that day.

Devi stands, bathed, In the milk in her mother’s breast And the sweat of her hurrying body,

As she reaches her place, On that great mountain top,

She washes her face in the tears of the baby left behind,

Sighing with thoughts of, goddesses abandoned by man,

She plucks one by one, From the tea bush by her side,

two leaves and a bud, two leaves and a bud, two leaves and a bud…

(From the Translated Poem: “The Goddess” by Sumathy Sivamohan, Original Poem in Tamil: ‘Devi’ by Esther Malaiyagam)

“The historical experience of the Malaiyaga Tamils has had a distinct impact on the community. This is seen most vividly with socio-economic indicators where the estate community fares much worse off than their urban and rural counterparts. Even while there have been significant improvements they continue to lag behind other communities, so there has to be a concerted effort by the State and other key actors, like tea estate companies, to assist this community. Sri Lanka marked 200 years since the arrival of the community to the country in 2023 but we did not see an acknowledgement by the state of how badly it treated this community, nor have we seen the state commit to provide reparations to address critical concerns and needs of the community” said Mirak Raheem who currently serves as a Board member for the Office on Missing Persons, a researcher and activist working on human rights and transitional justice. In 2023, he was involved in conceiving and implementing “Rooted: Histories of Malaiyaga Tamils”, an exhibition to mark 200 years since the arrival of the community to Sri Lanka, developed by the Collective for Historical Dialogue and Memory, where he served as Executive Director, in collaboration with the Institute for Social Development.

Mirak further emphasized that there are subtle and significant different experiences of Malaiyaga communities across the island. Many of those who live in the North and also East originally moved due to the riots in the South of the country and then had to face the civil war, so have undergone so much suffering and losses. In the post-war context some of them face discrimination from local communities and state officials for their Malaiyaga identity so they are forced to choose between assimilation or speaking out.  He also pointed out that the Malaiyaga community has produced a series of spokespersons, including trade unionists, social activists, politicians, journalists and academics who spoken up about the challenges facing the community. These voices have articulated multiple issues ranging from citizenship in the post-independence period to the right to land and housing, which continues to remain a problem especially for those living in estates. While highlighting common struggles, these voices have articulated the distinctive issues faced by members of the Malaiyaga community. Civil society groups outside the community have also taken up their cause, which has helped amplify these demands, but more collaboration is required.

Chandraleka Kingsley, a retired Principal of the Government Teachers College in Kotagala with over 35 years of experience in the Malaiyaga education sector, shared her reflections on the persistent challenges facing Hill Country children and families:

Access to education for Hill Country children has gradually improved, yet significant challenges persist. Many students in remote estate areas still lack access to essential resources and opportunities. Economic hardship forces families to prioritize daily survival over education, resulting in high dropout rates. Poor infrastructure such as broken estate roads, inadequate housing, and under-resourced schools further impedes learning. Harsh weather conditions and health-related issues frequently disrupt children’s schooling. Early marriages, often occurring between the ages of 17 and 20, remain common, poses a challenge to the goal of becoming an educated and empowered society. Many Malaiyaga Tamils continue to suppress their identities due to fear of exclusion, also, some upcountry leaders are seen as resisting progressive reforms that could empower our community. Economic migration adds another layer of complexity. Many women migrate abroad especially to the Middle East for domestic work, leaving children in the care of grandparents. Social consequences of labor migration, substance abuse, extramarital affairs, illegal activities, which lead to imprisonment and their prolonged absence further destabilize family life. These patterns of exploitation are increasingly visible at present that affects women’s and children’s emotional and psychological well-being.

Murugan Sivalingam, a literary figure, Political and Social activist, shared that the Indian-origin plantation community in Sri Lanka, known as Malaiyaga Tamils or Hill Country Tamils, has endured systemic marginalization since their arrival in the early 19th century. Between 1817 and 1823, British colonialists brought men from South India to deforest Sri Lanka’s virgin forests and work on the development of tea plantations. Women were brought later, primarily during the harvest seasons. The colonial authorities constructed basic “line camps” – cramped 10-by-12-foot structures – intended to offer protection from wild animal attacks during the deforestation process. The workers were later settled in line rooms, with poor infrastructure, offering minimal protection and low living standards.

In 2015, the government decided to grant seven perches of land (~1,900 sq ft) with ownership documents to each of approximately 200,000 families of plantation workers. However, implementation has been slow, and many of the issued deeds are not properly demarcated. As a result, many still have not benefited from the scheme. To date, only about 15% of the plantation community have land and housing ownership rights, while the remaining 85% (approximately 1.5 million people) continue to live without legal ownership of their homes or the land they occupy.

The Sirima–Shastri Pact of 1964 addressed part of this issue, and subsequent legal reforms granted citizenship to many of Indian origin. Nonetheless, disenfranchisement and exclusion persist in areas such as rights, land ownership, political representation, and access to basic services. Estate sector plantation workers face significantly worse health and social outcomes than the national average. The estate sector records some of the highest maternal mortality rates in the country. Children in these communities suffer from malnutrition rates twice as high as the national average. Access to clean water, sanitation, and electricity remains disproportionately low. These structural challenges continue to affect estate workers, who are often excluded from broader economic and social safety nets. This ongoing violation of fundamental human rights leaves the majority of estate families trapped in cycles of poverty, discrimination, and displacement, even after over 200 years of continuous contribution to Sri Lanka’s economy.

He further stated that of the 193 countries united as member states in the world, Sri Lanka is the only one that has violated the global people’s citizenship law—its sovereignty! Since independence, it has stripped the national status of people who have been living here for two centuries! Instead of accepting them as common citizens of the country, it has marginalized them as plantation dwellers (marginalized from the main stream). It has refused to accept the places they live in as villages and them as village people! In all 192 united countries, only two types of residential systems are maintained: “City” and “Village.” Only in Sri Lanka, the 193rd nation, is a contradictory third residential system called “Plantation” maintained!

While the same type of citizenship is in practice in 192 countries, in Sri Lanka, two modes of citizenship are written: “Citizenship by Descent and Registered Citizenship”. Despite this, the answer has been given that there is no difference between the two citizenships. This system is contrary to the UN Charter. While we have been politically neglected since 1948, this “Registered Citizenship” system mentioned in the constitution continues to point a finger at us. When the constitution is newly drafted by the new government, it is our national right that this citizenship law, which affects us, should be amended. The land we live on has been leased to companies as commercial land for more than half a century. It is also continuously being leased out. 80 percent of the tea and rubber lands have been distributed to the Sinhalese people as smallholders with subsidized assistance. We, the “plantation citizens,” stand without the right to cultivate and benefit from even a single sapling on the company’s leased land. Thus, we continue to be an underprivileged and marginalized community in this country, deprived of rights and neglected. We too must gain recognition as a National Minority in this country. Only after this status is achieved will the “Political Recognition” and “Equal Rights” transform the Upcountry Tamils into full-fledged citizens of this country! Our request to the current government is to advance the “politics for our ethnicity” at the governing level.

Lidurshan Avilash, Director of the Aruvi Organization representing the Malaiyaga LGBTQIA+ community, shared: “ Hill Country is my home. It carries the history of my ancestors, the struggles of plantation life, and the dreams of our people. But living and thriving here as a Malaiyaga queer person feels almost impossible. First, as Malaiyaga Tamils, we are still treated as outsiders. Second, as queer people, we are denied dignity and rights. Third, caste prejudice within our own community divides us. These layered discriminations make it difficult to humanize LGBTQIA+ individuals. The greatest challenge is the way stigma denies us the right to be human. This constant cycle of exclusion severely affects our mental health. In recent times, we have been subjected to shame, gossip, jokes, and social bullying.

Furthermore, family is about more than just having children. Families are built on care, trust, and love. Two men, two women, or any couple can create a home rooted in these values. To build a more inclusive and just society, political and religious leaders must be trained in Gender and Sexuality Education, in ways that challenges deep-rooted biases and equips them with the knowledge, empathy, and responsibility to lead with dignity for all.”

Periyasamy Muthulingam, Executive Director of the Institute for Social Development, is one of the principal architects behind the initiation of International Tea Day, at the World Social Forum in January 2005. On May 21, 2025, in commemoration of International Tea Day under the theme of “Inclusive Malaiyagam”, civil society organizations and trade unions representing the plantation sector convened in Nuwara Eliya for a rally and public meeting to present a unified set of demands to the government. Their appeal emphasized to ensure a living wage for plantation workers and to uphold their statutory rights with particular attention to casual labourers, Strong opposition to the reintroduction of the flat housing scheme, previously rejected by both the community and previous governments. A demand for the New Villages Development Authority (NEVIDA) to remain independent from ministerial control and be equipped with adequate resources to fulfill its mandate. The rally also highlighted the importance of accelerating the issuance of title deeds for over 60,000 houses built over time, and advocated for the fair distribution of land to the Hill Country Tamil community for both housing and livelihood purposes. Additionally, the activists urged the government to establish value-added tea export factories in the heart of the plantation township and to standardize the various outgrow models introduced by Regional Plantation Companies (RPCs), while granting farmers the freedom to sell green leaves at market prices.

The AKD-led government outlined a series of proposals aimed at uplifting marginalized communities, particularly the Malaiyaga Tamils in its 2025 budget and election manifesto. These included commitments to improve land, housing, education, and healthcare facilities for the upcountry Tamil community, as emphasized in the Hatton Declaration of October 15, 2023. The budget allocated Rs. 4,267 million specifically for estate housing and infrastructure development under the title “Programmes to uplift the living standards of Malaiyaga Tamil people.” Additionally, the government pledged to increase the daily wage of 1.5 million plantation workers to Rs. 1,700, recognizing the disparity between wages and the cost of living.

The proposal also promised financial and infrastructural support to enhance housing, water, and sanitation for Malaiyaga communities, along with land allocations for permanent housing. It proposed targeted health programs addressing nutrition, oral health, tuberculosis, substance abuse prevention, and youth health promotion in plantation areas. The Ministry of Women and Child Affairs / the newly appointed National Commission on Women, must take proactive measures ensuring the systemic social structures and safety nets in place unbiasedly accessible to eradicate exploitation of women and children from the vulnerable communities and protect their overall well-being.

Furthermore, the government committed to improving access to civil services by deploying Tamil-speaking officials and translators in police stations and government offices across the Northern, Eastern, and Upcountry regions. Broader pledges included expanding access to healthcare, legal aid, social protection, and justice for the LGBTIQ+ community.

While these proposals mark a significant shift in policy focus, many of them remain in the early stages of implementation. The wage increases for plantation workers has yet to be realized, and the rollout of promised health and housing programs is still limited. The allocation of land and deployment of Tamil-speaking civil servants also require more concrete action. While the government has taken notable steps, sustained efforts and accountability toward inclusion and equity will be essential to ensure these commitments lead to meaningful changes for the communities they serve.

*The writer is a practitioner with over a decade of experience in the development sector, advocating for women’s empowerment, conflict transformation, peacebuilding and integrating psychosocial concepts across war-affected and marginalized communities in Sri Lanka.

Latest comments

  • 3
    0

    The ‘upcountry Tamils’ had been the most exploited people living in SL. Their sufferings since being moved to Ceylon by the Great Britain had continued for far too long. Promises made by various governments were not implemented. Tea businesses owners too are not willing to pay their due wages. It is a huge crime that is being committed by the ELITES in SL.

    • 3
      0

      Naman,
      You have put it mildly!
      The saga of ‘estate’ Tamils is a reflection of the minds not just the ‘local’ Tamils, and the Sinhalese, but also the minds of their political leaders.
      My heart bleeds for them.

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