India needs a refugee and asylum law

News: Recently, private members bill proposing the enactment of refugees and asylum law was introduced in Lok Sabha. The bill lays down comprehensive criteria for recognizing asylum seekers and refugees.  It also prescribes specific rights and duties occurring from such status.

What are recent examples which show there is a need for such a law in India?

The government expelled two batches of Rohingya refugees back to Myanmar, despite the risk of prosecution in their home country. Similar attempts were made with Chakmas in Arunachal Pradesh and Myanmarese in Mizoram. Afghanistan’s students stranded in India by taking over of Taliban have not had their visas renewed.

What does Indian history reflect of asylum seekers?

India provided asylum to Jewish people who fled to India after the demolition of the Jerusalem temple by Babylonians and then by Romans. Zoroastrians fled Islamic persecution in Persia and took asylum in India. Similarly, Tibetans, Bangladeshis, and Sri Lankan Tamils had taken asylum or refuge in India.

In fact, Ramayana and Mahabharata talk about the injustice being done as people were forced into exile and greatness involved in extending support to the people exiled. For example, celebrating Deepawali as a homecoming of refugees after 14 years of exile.

What does the Supreme Court say about this?

In 1996, the Supreme Court ruled that the state has to protect all human beings living in India, irrespective of nationality, guided by Articles 14, 20, and 21 of the constitution.

In the NHRC versus the state of Arunachal Pradesh case, the Supreme Court stopped forcible evictions of Chakma refugees in 1995.

What does India need to do?

India has provided refuge to more than 2 lakh people but is not a signatory to the 1951 UN refugee convention, nor does it have a domestic asylum framework.

There is a huge complexity of laws that needs to be simplified – like the Foreigners Act 1946, Registration of foreigners act 1939, Passports act of 1967, Extradition act 1962, and Citizenship act 1955.

In 2011, India came out with standard operating procedures to provide long-term visas to asylum-seekers. But as it was not backed by law, it provides arbitrary powers to government officials. There is a need to go beyond just providing asylum and set a proper framework to make sure that refugees can access basic public services, legally seek jobs and livelihood opportunities, etc.

So India needs a national asylum law that will put India at the forefront of asylum management in the world.

Source: This post is based on the article “India needs a refugee and asylum law” published in The Hindu on 19th February 2022.