Context: It’s time India move away from ad-hoc policies and practices and gave way to a rights-based approach via legislative action in favour of refugees.
Issues in Refugee Protection of India
Inconsistency in treatment and protection of refugees and asylum seekers:
Protection to selective communities: Citizenship (Amendment) Act, 2019, which sought to make “illegal migrants" from Afghanistan, Bangladesh and Pakistan who are Hindu, Sikh, Buddhist, Jain, Parsi or Christian eligible for citizenship.
Not a signatory to 1951 Refugee Conventionunder UNHCR, nor does it have a domestic legislation regulating the entry and stay of refugees.
Lack of clarity in law: There is no distinction made between ‘foreigners’ and ‘refugees’ under Indian law; Foreigners Act of 1946, Passport Act of 1967 and the Illegal Migrant (Determination by Tribunals) Act of 1983.
Under these laws, foreigners can be detained and forcibly deported, even if they are refugees escaping their countries of origin in fear of death.
Regulations conducted on an ad-hoc basis through administrative decision-making: No official legislative or administrative framework for refugee-status determination in India.
Bulk of the refugee population in India originates from Sri Lanka, Tibet, Myanmar and Afghanistan, and only Tibetan and Sri Lankan refugees are recognized.
Whereas, refugees from Myanmar, Afghanistan and elsewhere are registered and protected by the UNHCR mandated regulations under the 1951 Refugee Convention.
Way Forward:Need of a specific law
India needs a long-term practical solution making a shift from its charitable approach to a rights-based approach by enacting a national refugee law.
A national refugee law will streamline refugee- status determination procedures for all kinds of refugees and will guarantee them the rights they have under international law.