Source: Hindustan Times

Introduction

India, a nation with a rich tapestry of cultural diversity, has long been a home to refugees fleeing persecution and conflict from neighboring countries. While the country has a history of providing refuge to those in need, it has not ratified the United Nations Refugee Convention 1951 and its 1967 Protocol hence India lacks a law for refugees in India. This delay in formalizing a refugee treaty has significant implications for both the refugees seeking asylum and India's international standing in the realm of humanitarian commitments. The shift of nationals of Myanmar to Mizoram as refugees has raised a law for refugees in India.

What is the History of Refugees in India?

• India has a tradition of welcoming refugees dating back to the aftermath of the partition in 1947.
• The influx of people seeking shelter during that tumultuous period set the stage for India's humanitarian response.
• Over the years, the country has hosted refugees from Tibet, Sri Lanka, Afghanistan, and more recently, Myanmar.
• However, despite this history of generosity, the absence of a formal refugee treaty raises questions about the legal status and protection of refugees within the country.

What are the Challenges Faced by Refugees in India?

• The lack of a specific legal framework for refugees in India contributes to various challenges faced by those seeking asylum.
  • Asylum in international law refers to the protection granted by a country to foreign nationals who have fled their own country due to fear of persecution.
  • This persecution may be based on factors such as race, religion, nationality, membership in a particular social group, or political opinion. The person seeking asylum is known as an "asylee."
• Without ratified international agreements, refugees often exist in a legal gray area, leaving them vulnerable to exploitation and abuse.
  • Legal gray area refers to a position where the legality or illegality of a thing is not yet recognized.
• They may struggle to access essential services such as education, healthcare, and employment, hindering their ability to rebuild their lives in a new country.
• Moreover, the absence of a standardized refugee status determination process creates uncertainty for refugees and hampers the consistency of protection.
• The absence of a well-defined legal framework makes it challenging for refugees to understand their rights and obligations, exacerbating their vulnerability.

What are the Legislations that Govern Refugees in India?

India lacks a comprehensive legislation for refugees though the country still indirectly administers them through a set of legislations mentioned below:

• Citizenship Act, 1955: Governs Indian citizenship and related matters.
• Extradition Act, 1962: Provides the legal framework for the extradition of individuals to and from India.
• Foreigners Act, 1946: Regulates the entry, stay, and departure of foreigners in India.
• Illegal Migrant (Determination by Tribunals) Act, 1983: Deals with the detection and deportation of illegal migrants.
• Indian Penal Code Act, 1860 (IPC): The primary criminal code of India, defining offences and prescribing penalties.
• Passport (Entry into India) Act, 1920: Regulates the entry of persons into India via passport requirements.
• Passport Act, 1967: Deals with the issuance and regulation of Indian passports.
• Protection of Human Rights Act, 1993: Establishes the National Human Rights Commission and deals with the protection of human rights in India.
• Registration of Foreigners Act, 1939: Provides for the registration of foreigners in India.
• Immigrants (Expulsion from Assam) Act, 1950: Pertains to the expulsion of immigrants from the state of Assam.
• Administration of Evacuee Property Act, 1950: Governs the administration of properties left behind by individuals who migrated to Pakistan after Partition.
• Constitution of India, 1950 (COI): Several Articles including 5, 6, 7, 8, 9, 10, 11, 12, 14, 20, 21, 22, 25-28, 32, 226 applies to non-citizens.

What are the Landmark Cases on the Position of Refugees in India?

• Louis De Raedt v. Union of India (1991):
  • The Supreme Court ruled that the government should not forcibly return refugees, as it would violate their fundamental rights.
  • The court said that there is no Article in the constitution that grants the unlimited authority to the government to expel the foreigners.
• National Human Rights Commission v. State of Arunachal Pradesh (1996):
  • This case dealt with the rights and conditions of refugees, particularly the Chakma refugees in Arunachal Pradesh.
  • The SC emphasized the need to protect the human rights of refugees and ensure their humane treatment.
• Mohammad Salimullah v. Union of India (2017):
  • This case was related to the Rohingya refugees who had fled Myanmar and sought asylum in India.
  • The SC heard arguments regarding the rights of Rohingya refugees and issued interim orders to ensure their protection.

Way Forward

• Addressing the challenges associated with the absence of a ratified refugee treaty requires a comprehensive and collaborative approach.
• India should engage in a constructive dialogue with the international community to understand and incorporate best practices in refugee protection.
• A carefully crafted domestic legal framework, in line with international standards, can provide the necessary protection for refugees while addressing national security concerns.