{"id":131849,"date":"2021-09-06T19:30:50","date_gmt":"2021-09-06T14:00:50","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=131849"},"modified":"2021-09-06T19:28:13","modified_gmt":"2021-09-06T13:58:13","slug":"afghan-immigrants-and-indias-refugee-policy","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/afghan-immigrants-and-indias-refugee-policy\/","title":{"rendered":"Afghan immigrants and India’s refugee policy – Explained, pointwise"},"content":{"rendered":"\n\n\n\n
For\u00a07PM Editorial<\/strong>\u00a0Archives click\u00a0HERE <\/a>\u2192<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
Introduction<\/h5>\n

After the Taliban came to power in Afghanistan, many Afghans, including minorities, are looking for asylum in India. There are already 15,000-18,000 Afghan refugees in India, according to experts. Recently, Afghan immigrants started camping outside the UNHCR office in Delhi, demanding refugee status along with other demands.<\/p>\n

Earlier, the ethnic cleansing of Rohingyas in Myanmar has also led to considerable Rohingya Muslims illegally seeking refuge in Bangladesh and also in India. Though the Afghan and Rohingya refugee crises appear disconnected, both are part of a major migration upheaval in the South Asian region. Both these refugee crises questioned India’s refugee policy.\u00a0<\/span><\/p>\n

India’s initiatives to evacuate Afghan nationals<\/strong><\/h5>\n

India\u2019s humanitarian missions are guided by the principle of \u201cVasudhaiva Kutumbakam<\/strong>\u201d (the world is one family). India followed the same principle during the Afghan crisis also.<\/p>\n\n\n\n
Read more<\/strong>: India\u2019s humanitarian missions are guided by Vasudhaiva Kutumbakam<\/a><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Firstly, Operation Devi Shakti: <\/strong>India launched this operation to evacuate Indian citizens and foreign nationals from war-torn Afghanistan.\u00a0 Also under this operation, the evacuation of three of the last six \u201cSaroop\u201d of the Sikh holy book has also been done.<\/p>\n\n\n\n
Read more<\/strong>:\u00a0<\/strong>Operation Devi Shakti and other missions<\/a>\u00a0and\u00a0The Saroop of Sikh Holy Book<\/a><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Secondly<\/strong>, Apart from that, India also introduced a new category of fast-track e-visas (<\/strong>e-Emergency X-Misc visa) for all Afghan nationals<\/strong> who seek asylum for entry into the country for a period of six months. But it\u2019s ambiguous what their fate will be after this period lapses.<\/p>\n

Thirdly<\/strong>, Further, India is also raising its voice in support of Afghan nationals and their safety in global forums. For instance,<\/p>\n

Under India\u2019s Presidency, the UNSC adopted Resolution 2593<\/a><\/strong>. The resolution expects the Taliban to adhere to its commitments regarding the safe and orderly departure of Afghans and all foreign nationals from the country.<\/p>\n

But several experts were of the view that India could provide more towards the welfare of Afghan nationals. For instance,\u00a0Rahul Shivshankar<\/strong> was of the view that India needs to implement the Citizenship (Amendment) Act, 2019<\/strong> to protect the minorities in Afghanistan<\/strong>.<\/p>\n

Will CAA provide protection to Afghan immigrants?<\/strong><\/h5>\n

Firstly<\/strong>, the Act is yet to be implemented<\/strong> by the government. This is because the rules are not yet notified by the government. Without rules, an Act cannot be implemented.<\/p>\n

Secondly<\/strong>, the CAA not only specifies about country and religion, but<\/strong> it also specifies the cut-off date<\/strong>\u00a0\u2014December 31, 2014<\/strong>. So, It\u2019s applicable to illegal immigrants or refugees who came to India on or before that cut-off date<\/strong>.<\/p>\n

Thirdly, <\/strong>the CAA\u00a0neither<\/strong> defines the word refugee nor applies universally to refugees<\/strong> from all countries. \u00a0It offers no guidelines on how to deal with future refugee<\/strong> or immigration issues.<\/span><\/p>\n

Fourthly, <\/strong>the Act excludes the Muslims of Afghanistan, Bangladesh, and Pakistan. <\/strong>So, the evacuated Muslim immigrants of Afghanistan cannot get citizenship under the Act.<\/p>\n

Fifthly<\/strong>, the CAA is not a policy for granting asylum or refugee status<\/strong>. Instead, it\u2019s about fast-tracking and regularising the process<\/strong> of granting citizenship to a group of people who have already been residing in India.<\/p>\n\n\n\n
Read more: Citizenship (Amendment) Act and migrants<\/a><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
What is India’s refugee policy?<\/h5>\n

India, like most of its South Asian counterparts, does not have a national or an international refugee policy<\/strong>. Further, India is also\u00a0not a signatory to the 1951 United Nations Refugee Convention and the 1967 UN refugee Protocol.\u00a0<\/strong>So, the refugee matters<\/strong> at present are dealt with, on a case-by-case basis<\/strong>. At present, India deals with refugees, based on the following legislation and guidelines.<\/p>\n

Firstly<\/strong>, Since India does not have a refugee policy, all refugees are categorised as foreigners<\/strong> under the Foreigners Act of 1946 and the Citizenship Act of 1955.<\/p>\n

As per the Citizenship Act of 1955<\/strong>, an illegal immigrant can be of two types:<\/p>\n

    \n
  1. Foreign national enters into India with valid travel documents but stays beyond their validity, or<\/li>\n
  2. Foreign nationals entered India without any valid travel documents.<\/li>\n<\/ol>\n

    Secondly<\/strong>, as per, the\u00a0<\/span>Foreigners Act, 1946,<\/strong> the central government has the right to deport any foreign national.<\/span><\/p>\n

    Thirdly<\/strong>, law and order is a State subject <\/strong>and\u00a0<\/span>international relations and international borders are under the Union<\/strong>\u00a0government. This has resulted in, both the\u00a0<\/span>Centre and the State government agencies, dealing with the refugee <\/strong>problem in India.<\/span><\/p>\n

    Fourthly<\/strong>, in 2011, the Union government circulated a Standard Operating Procedure to deal with foreign nationals who claim to be refugees.<\/strong><\/p>\n

    Fifthly<\/strong>, the Citizenship (Amendment) Act, 2019<\/strong> aims to provide citizenship to those who are sheltered in India for religious persecution or fear of persecution in their home countries. But the Act only covers the Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh, and Pakistan.<\/p>\n

    How has India dealt with illegal immigrants in the past?<\/h5>\n

    Refugees from Bangladesh<\/strong>: In 2016, the government said in the Rajya Sabha that, India was home to almost 20 million illegal migrants from Bangladesh itself<\/strong>. The Chakma and Hajong<\/strong> refugees from Bangladesh, currently in Arunachal Pradesh, have also been provided citizenship<\/strong> by the government in September 2017.<\/p>\n

    Tibetan refugees<\/strong>: In the past, India has provided a safe haven for Tibetan refugees on humanitarian grounds<\/strong>. This has created an impact on India-China relations.<\/p>\n

    During Sri Lankan Civil War<\/strong>: According to a report of the Ministry of Home Affairs, more than 3 lakh refugees entered India in different phases<\/strong> between 1983 and 2012 due to the ethnic conflict. While 99,469 were repatriated to Sri Lanka till 1995, few left for other countries, India provided refugee status <\/strong>to the rest.<\/p>\n

    But recently, the government announced that nearly 1 Lakh Sri Lankan Tamil refugees living in the states of Tamil Nadu and Odisha may acquire Indian citizenship by registration or naturalisation<\/strong> after fulfilling the eligibility criteria laid down in the Citizenship Act, 1955.<\/p>\n

    During the Rohingya Muslims influx<\/strong>: India refused to provide refugee status<\/strong> to them. In March 2021, while opposing a plea seeking for the release of Rohingyas who were being held in Jammu for identification and deportation, the Indian government told the Supreme Court that India cannot become the \u201cinternational capital of illegal migrants<\/strong>“.<\/p>\n\n\n\n
    Read more<\/strong>: Refugee Problem in India \u2013 Explained, Pointwise<\/a><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
    Suggestions to solve the Refugee problem<\/b><\/h5>\n

    Firstly<\/strong>, India needs to formulate a comprehensive refugee policy<\/b> that would provide greater clarity in differentiating between a refugee\/illegal migrant. A National Immigration Commission can be appointed<\/strong> to frame a National Migration Policy and a National Refugee Policy for India.<\/p>\n

    Secondly<\/strong>, the government has to strengthen the Foreigners Act 1946<\/strong> and also sign bilateral agreements with neighbourhood countries<\/strong> regarding deportation.<\/p>\n

    Thirdly<\/strong>, the states should follow the MHA guidelines of 2018 to identify illegal immigrants. The MHA recommendations include,<\/p>\n

    Restrictions of Illegal Migrants<\/strong> in specific locations as per provisions of law.<\/p>\n

    Capturing their biographic and biometric particulars<\/strong> and\u00a0cancellation of fake Indian documents.<\/p>\n

    Initiating legal proceedings<\/strong> including deportation proceedings as per provisions of law.<\/p>\n

    Fourthly, India also needs to strengthen the border areas<\/strong> as the borders are porous and the neighbourhood countries are facing political vulnerabilities constantly. India can improve border surveillance, exploring the options of border fencing and smart walls, etc.<\/span><\/p>\n

    Conclusion<\/h5>\n

    India is facing the issue of illegal immigrants right since independence. It is high time for India to define a clear-cut refugee policy<\/strong>. This will not only prevent the state governments from taking a different stand from that of the centre. But also deport the illegal immigrants who reside in India.<\/p>\n

    \n

    Terms to know<\/strong>:<\/p>\n