Table of Contents
Human rights, humanitarian law, and other areas of international law are intimately related to refugee law. It is imperative to organise standards, advice, and directives for people who have lost or are in danger of losing their nation of origin without undermining established asylum laws for people escaping persecution or the particular location of the refugee status.
People who are outside of their country of origin because they fear persecution, human rights abuses, political and socioeconomic instability, widespread violence, civil war, or ethnic conflict are classified as refugees. The remaining categories of foreign nationals include: Internally Displaced Persons (IDP), Temporary Residents, Tourists, Travellers, Illegal Economic Migrants, Criminals, Spies, Infiltrators, and Militants.
Governments’ responses to forced migration are rarely governed by international refugee law, and states frequently invest significant resources in preventing refugees from entering their borders.
Unless special provisions are made, the laws governing foreigners in general apply to refugees in countries like India, which has not passed domestic legislation on dealing with refugees specifically. This raises concerns about the extent to which the presence of refugees imposes legal obligations on the Indian government, as well as whether refugees have rights beyond those accorded to refugees generally.
Because refugee women are more likely to have their rights violated than other groups, protection risks in refugee camps and settlements can be decreased by paying more attention to their unique needs.
Refugee Law in India: Legal Framework and Challenges
The goal of immigration to India is to obtain nationality or citizenship in another nation. With provisions governing citizenship in Articles 5 to 11 in Part II, the Indian Constitution grants citizenship to all citizens of the nation. India and its people have serious concerns about refugees, especially when it comes to law enforcement. The exclusive jurisdiction over borders and international relations rests with the Union government, which includes both the Central and State governments. As a result, different agencies handle refugee-related issues.
With permission from the government, tourists, travellers, and temporary residents enter India for predetermined times and purposes. Unauthorised economic migrants depart their nation, and individuals who are involved in criminal activity, espionage, infiltration, or militia are ineligible for refugee status.
Those who have sought safety in a different area of their own nation and are under the protection of their national government are known as internally displaced persons, or IDPs.
Under international law, India, a Union of States, is regarded as a State. Regarding citizenship, naturalisation, and refugees, only the Parliament has the authority to act. However, unless a special provision is made, India has not passed legislation specifically for refugees, treating them under the same laws that apply to refugees in India. Without any help from the outside world, India looks after its population of refugees. Due to its obligations under the Human Rights Convention, signing an international convention does not automatically grant protection for refugees.
The Indian Constitution is incredibly liberal, granting non-citizens the rights to equality (Article 14) and life and liberty (Article 21)
Nonetheless, discrimination in the workplace based on public policy can occasionally be arbitrary and shaped by goals of foreign policy. A.S. Iyerv Baiaasubramanium views refugees as “aliens.” The Foreigners Act of 1946, the Registration Act of 1939, the Passport Act of 1920, and the Passport Act of 1967 are among the laws that govern refugees in India.
In the absence of legislation to control and legitimise refugees’ stay in India, the Supreme Court has turned to Article 21 of the Constitution. It has been decided in a number of cases that refugees should not be imprisoned or deported and that they have the right to petition the UN High Commissioner to be granted refugee status.
The Supreme Court erred when it decided in Louis de Raedt v. Union of India that the Foreigners Act of 1946 gives the government unrestricted authority to expel foreigners and that the Constitution contains no such limitations.
The issue of whether India must ratify these conventions and whether it can use the 1951 Convention to interpret domestic law emerges. Article 42 of the same Convention allows reservations about the rights of refugees, which negates the purpose of ratifying the Convention. Furthermore, merely ratifying the Convention does not guarantee that asylum seekers will not be denied access.
The Indian Supreme Court has ruled in recent cases that discrimination against individuals on the basis of their status is prohibited. The human right of refugees to live in dignity is safeguarded by the constitutional rights.
Impacts and Challenges of Refugee Presence in India
India, a country without a national refugee protection framework, continues to grant asylum to many refugees from neighbouring states and respects UNHCR’s mandate for other nationals, mainly from Afghanistan and Myanmar. However, India’s concerns about security have led to a more restrictive impact on asylum space in the country.
UNHCR conducts Refugee Status Determination (RSD) for asylum-seekers from non-neighbouring countries and Myanmar and has a presence in Chennai, and Tamil Nadu, to support the voluntary repatriation of Sri Lankan refugees.
Different refugee groups receive varying levels of protection and assistance as a result of the Government of India’s approach to refugee issues. The government provides protection and assistance to Tibetans and Sri Lankan refugees, while UNHCR directly manages groups of people arriving from Afghanistan and Myanmar. The UNHCR must come up with creative solutions to address both current and future protection needs because the number of refugees and asylum seekers has increased without resources increasing proportionately.
Asylum seekers and refugees frequently lead impoverished lives scattered throughout cities, where they may become victims of abuse or exploitation. Although they are not legally allowed to work, they can still find low-paying jobs on the unofficial labour market.
The UNHCR will work to safeguard and support all refugees and asylum seekers in India, maintain areas under protection, and form alliances with governments both domestically and internationally.
Need for Comprehensive Refugee Policies in India
India is seeing a sharp rise in the number of refugees—nearly one million live there unaccompanied every year. Concerning issues like women’s and children’s protection, health services, resistance, education, employment, crime rates, and granted asylum, this population presents challenges to the states. Policies for refugees and asylum seekers are desperately needed because India does not yet have a suitable legal framework in place to acknowledge and address the concerns of refugees.
The Ministry of Home Affairs is ultimately in charge of deciding whether to grant someone status as a refugee in India due to the absence of a formal refugee policy in the country. Instead of a rights system, refugees must rely on the mercy of the state to rebuild their lives with dignity
India’s government has the advantage when interacting with foreigners due to laws and regulations, but it does not handle refugees in a way that makes sense from a geopolitical perspective. A balanced and long-lasting refugee law, persistent exploitations, and inaccessible human rights are just a few benefits of having laws and policies for refugees and asylum seekers.
There are drawbacks to laws and regulations pertaining to refugees and asylum seekers, though. The flood of refugees creates security challenges that can result in terrorist attacks, impair the country’s economy, and reduce the resources available to the indigenous population.
The competition for limited resources as well as the rising needs for infrastructure, natural resources, health care, and education all place a financial strain on the host nation.
Finally, because an open, integrative policy approach gives refugees more rights to mobility, access to social services, and chances to engage in the economy, the social impact of refugees on their host nation is substantial.
