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Synopsis: India has numerous acts dealing with foreigners, refugees etc. But it needs a comprehensive National law.
Introduction
In December 2019, the Indian government introduced the Citizenship Amendment Act 2019, which sought to make “illegal migrants” from Afghanistan, Bangladesh and Pakistan from a specific religion to get citizenship. This shows that India still lacks a comprehensive law to handle refugees and illegal immigrants.
| Read more: Refugee problem in India and its solutions |
What is the current legal position of India on refugees?
India is not a signatory of the 1951 refugees convention, under which UNHCR operates. India also does not have any domestic refugee legislation which controls the entry and stay of refugees.
Even under Indian laws, there is no distinction between the terms foreigners and refugees. The Indian government can further deport any foreigner to their country of origin, even if their life is at risk.
| Read more: India’s Refugee law and policy- An Analysis |
How does the government treat refugees in India?
Since there is no particular law for refugees in India, the government regulates the refugees and asylum seekers on an ad-hoc basis.
Administration of refugees in India: Of all the refugees coming in India, India recognized refugees coming from Tibet and Sri Lanka only. Refugees coming from other countries are registered and protected by UNHCR.
So, refugees in India are identified on the two different parameters- India recognized and UNHCR recognized. They are also treated differently. For e.g. India recognized refugees have access to all the basic facilities like health, education, etc. while the same does not go for UNHCR recognized refugees.
Judicial response: Indian judiciary has stepped up from time to time to safeguard refugees from deportation, expulsion, and forced repatriation. These are guided by Article 14 and Article 21 of the Indian constitution.
What is the way forward?
It is time for India to adopt a national law for refugees. The law will streamline refugee- status determination procedures for all kinds of refugees and will guarantee them the rights they have under international law.
Source: This post is based on the article “Refugee adoption in India call for the adoption of a specific law” published in Livemint on 28th October 2021.
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