INDIA: A Hurdle State for Refugees and Asylum Seekers

-Abhishek Mittal

Every nook and corner of India depicts the mighty rise in population. According to census reports (2011) it has
reached the 1.2 billion mark, which is burgeoning incessantly. Amidst the internal struggles of Ignorance,
illiteracy, unhygienic living and lack of proper recreation of developing country comes another struggle faced
by the country on the international humanitarian level accommodating refugees and asylum seekers humanely
and fairly. The country receives a mass influx of refugees from the South Asian region, regardless of the absence
of a uniform legal refugee law in the country. India is neither a signatory to the 1951 Convention on the Status
of Refugees nor of the 1967 Protocol, hence it becomes difficult to create a substantial pressure for making
uniform refugee laws. However, it is still a signatory to certain major human rights treaties that grant just and
humane treatment to all persons free of cruelty, torture and inhuman treatment, while also acceding to the
principle of non refoulement, which only indicates its inclination to fulfill its international humanitarian
obligations. India is the worlds largest democracy and has always been on the forefront in providing human
rights to all people residing within it hence, it should be forthcoming in providing human rights to refugees and
asylum seekers.

This paper is an attempt to briefly analyze the history of refugees in India and why they entered in India to take
refuge, the problems faced by them and the present scenario, with the primary focus on the ad hoc
administration of the refugees by the legislature. Since India is a developing country, it has ample scope for
incorporating an enacting new laws favouring equal and just treatment for all, while learning from the
developed countries. The recommendations for a better regime to cope with refugee issues in India are also
discussed in the paper.
 Introduction

India, palpably, has been favoured as a abode of refugees, especially of the refugees in the South
Asian region. In despite, of no uniform law to govern the rights of refugee country receive mass
inflow from different parts. India has a staggering wealth gap among the diverse population of over a
billion of its own, which conceivably make it easier for income seekers to assimilate without many
hardships.

Currently, India is a signatory member to the International Covenant on Civil and Political Rights,
1966(3) as well as to the Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, 1984(4) and is also a member of the Executive Committee (ExCom) of
UNHCR, which approves of the assistance and helping programmes of UNHCR without conceding
their role on its own territory. In India, there are more than 200,000 refugees and asylum-seekers of
various origins living in India, of whom only some 30,000 are registered with UNHCR(1). It must be
reckoned that India is neither a signatory to the 1951 Convention Relating to the Status of Refugees
(2) nor to the 1967 Protocol. Still, the legislature

Currently, there are more than 200,000 refugees and asylum-seekers of various origins living in
India, of whom only some 30,000 are registered with UNHCR 1. It must be kept in mind that India is
neither a signatory to the 1951 Convention Relating to the Status of Refugees 2 nor to the 1967
Protocol. Still, the legislature so far has shown no disposition to regulate the refugee laws, nor has it
taken any steps in formulizing them. However, India is a signatory to the International Covenant on
Civil and Political Rights, 19663 as well as to the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, 1984 4 and is also a member of the Executive
Committee (ExCom) of UNHCR, which approves of the assistance programmes of UNHCR without
acknowledging their role on its own territory. It also adopts and practices the principle of non-
refoulement, which makes it clear that, India understands and undertakes its international obligations,
but it still chooses to be governed by its internal administrative policies.

1 2015 UNHCR sub-regional operations profile South Asia, (March 4 2016),

www.unhcr.org/pages/49e4876d6.html

2 Convention Relating to the Status of Refugees, entered into force April 22 1954, 189 UNTS 137 (hereinafter
1951 Refugee Convention).

3 International Covenant on Civil and Political Rights, entered into force March 22 1976, 999 UNTS 171
(hereinafter ICCPR).

4 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, entered into
force June 26 1987, 1465 UNTS 85 (CAT).
Legally, each refugee must be given a citizen status of that country uniformly, however, due to the
absence of laws in India, the refugees are given treatment according to their place of origin and
political beliefs, putting equality of rights guaranteed by the Constitution of India under question.
Surely, it should be the laws and not the arbitrary political which determines the rights and status of
refugees in the country, but in a developing country like India where a considerable