India Does Have A Refugee Problem

Context: The refugee crisis post Junta crackdown in Myanmar brought the debate back on the flaws of refugee protection policies and framework in India.

Background: While the issue of illegal migration acts as a threat to the socio-political fabric of any nation and also have potential security implications, there is also a need to do justice to the refugees fleeing the persecution.

Issues in Indian framework of handling refugees

• Legal ambiguity in defining refugees :
  • As per Indian law, both categories of people, refugees and illegal migrants, are viewed as one and the same and are covered under the Foreigners Act, 1946.
  • A “foreigner” means “a person who is not a citizen of India”.
  • This has led to policy adhocism: Where the government can pick and choose ‘what kind’ of refugees it wants to admit for whatever political or geopolitical reasons and what kind of refugees it wants to avoid.
  • E.g. India’s geopolitical concern in closing borders for refugees from Myanmar is that if it takes a decision that irks Generals in Myanmar, China would get closer to the junta and use the opportunity to hurt India’s interests in Myanmar.
• Not a party to international conventions: India, not a party to 1951 Refugee Convention and its 1967 Protocol. This is because of the following reasons:
  • Inherent limitations: The definition of refugees in the 1951 convention only pertains to the violation of civil and political rights and not to other dimensions like economic.
  • The developed countries are themselves violating it in both letter and spirit: Due to rising of no entry regimes through visa restrictions, carrier sanctions, interdictions, third safe­-country rule, restrictive interpretations of the defined refugees and practice of detention.
• Moral complexities: Traditionally, India has been one of the largest recipients of refugees in the world despite the legal gaps but now, vulnerable geopolitical and socio-economic situation pushes aside liberal handling of the refugee crisis.

Way forward: New domestic law needed

• Differential treatment: Between temporary migrant workers, illegal immigrants and refugees, deal with each of them differently through proper legal and institutional mechanisms.
• Allow for temporary shelter and work permit for refugees.