Present Refugee Situation in India

Source: The post present refugee situation in India has been created, based on the article “Blueprints beyond borders, for solace and shelter” published in “The Hindu” on 20th June 2024

UPSC Syllabus Topic: GS Paper3- Internal security

Context: The article discusses the global refugee crisis and India’s historical role in granting asylum. It criticizes India’s lack of a formal refugee law, advocates for new legislation, and highlights the need for better treatment and legal protections for refugees in India.

For detailed information on Refugee Problem in India read Article 1, Article 2

What is the current global refugee situation?

1. The UN Refugee Convention or its 1967 Protocol outlines the rights of refugees. (India is not a signatory to it)
2. Over 43.4 million refugees worldwide.

How has India historically treated refugees?

1. Ancient History: India has a long tradition of granting asylum dating back millennia. For example, Jews found refuge in India centuries before Christ after fleeing persecution and the destruction of their temple in Jerusalem by the Babylonians and later the Romans.
2. Medieval to Modern History: Zoroastrians, fleeing Islamic persecution in Persia, also sought and found safety in India.
3. Partition of India: During the 1947 partition, India experienced one of the largest refugee crises in history, with 13 to 15 million people crossing borders, highlighting the scale of displacement and the humanitarian response needed.
4. 20th Century Onward: India supported East Bengalis in their struggle for nationhood, which led to the creation of Bangladesh in 1971. Additionally, India has provided refuge to Tibetans, Sri Lankan Tamils, Nepalis, Afghans, and Rohingyas.

What efforts have been made to improve refugee rights in India?

1. Legislative Efforts: A Private Member’s Bill was introduced in the Lok Sabha in February 2022, proposing the establishment of a comprehensive Refugee and Asylum law. This bill aims to recognize asylum seekers officially and grant them specific rights, addressing India’s lack of a formal asylum framework. However, as of now, India has no domestic asylum law.
2. Judicial Contributions: The Supreme Court of India has reinforced the constitutional rights of refugees, irrespective of nationality. A landmark ruling in 1996 in the case of National Human Rights Commission vs State Of Arunachal Pradesh & Anr. ensured that the Chakma refugees, who had entered Arunachal Pradesh in 1995, could not be forcibly evicted until their asylum applications were properly processed. This judgment underlined the importance of legal procedures in the treatment of refugees.

What challenges do refugees face in India?

1. Lack of Legal Framework: India lacks a comprehensive asylum law, leaving refugees without clear protections. Existing laws like the Foreigners Act (1946), the Registration of Foreigners Act (1939), the Passports Act (1967), the Extradition Act (1962), the Citizenship Act (1955, including the controversial 2019 amendment), and the Foreigners Order (1948) treat all foreign individuals as “aliens.”
2. Judicial Inconsistencies: Refugees are subject to varying judicial decisions. While the Supreme Court in 1996 upheld that everyone in India, including refugees, has rights under Articles 14, 20, and 21 of the Constitution, decisions vary. This is evident in the differing approaches in the Rohingya cases.
3. Discrimination: Rohingyas are classified as “illegal migrants” and face religious and racial discrimination. For example, in 2017, the Ministry of Home Affairs issued a circular that led to their detention.
4. Deportation and Detention: Refugees, like the over 700 detained Rohingyas as of August 2023, often face deportation and live in poor conditions in detention centers.

What should be done?

1.India needs a comprehensive law to ensure refugee rights, building on the proposed Asylum Bill of 2022.

2.Adhere to the principle of non-refoulement, avoiding actions like the deportation of over 700 Rohingyas detained in poor conditions.

3.Follow the Supreme Court’s 1996 ruling that grants constitutional rights to all residents, including refugees.

4.India should set an example in refugee management, reflecting its historical commitment to humanitarian values.

Question for practice:

Examine India’s historical treatment of refugees and its current legal framework, highlighting any challenges and proposed solutions.