Refugee Protection In India Calls For The Adoption Of A Specific Law

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 Convention under 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.