REFUGEE IN INDIA : A SOCIO LEGAL STUDY

April 19,2022
LLB-3YRS(1SEM)
SUBMITTED TO: PROF.ASHISH VIRK
 REFUGEE IN INDIA: A SOCIO LEGAL STUDY

A TERM PAPER

SUBMITTED TO
THE UNIVERSITY INSTITUTE OF LAW

PANJAB UNIVERSITY REGIONAL CENTRE, LUDHIANA

IN THE PARTIAL FULFILLMENT OF REQUIREMENT FOR THE

DEGREE OF
BACHELOR OF LAWS
2021-2022

SUPERVISED BY: SUBMITTED BY:

Prof. Ashish Virk Anirudh Jhamb (03/21)
Riya Mittal (24/21)
Taniya (31/21)
Vikas Gaur (57/21)

UNIVERSITY INSTITUTE OF LAW, PANJAB UNIVERSITY,

REGIONAL CENTRE, LUDHIANA
 DECLARATION

The work embodied in the term paper entitled REFUGEE IN INDIA: A SOCIO LEGAL
STUDY has been done by all of us has not been submitted elsewhere for the award of any
degree. All ideas and references have been duly acknowledged.

Dated: 19/04/2022

Signature

Students Name: ANIRUDH JHAMB (03/21)

RIYA MITTAL (24/21)
TANIYA (31/21)
VIKAS GAUR (57/21)
 Acknowledgement

I wish to express my heartfelt gratitude to Prof. Ashish Virk, my mentor and supervisor for
this term paper. It has been under her constant and sincere guidance, auspices and motivation
that I have been able to get through with this term paper. She has lighted the path for me
with her expertise and attention throughout the course of this term paper and it would not
have been possible to have come through with the research if not for her persistent
counseling and persuasion. I feel highly indebted to her concern and involvement in then
realization of this study.

I would like to thank the staff of the library of University Institute of Laws, Punjab
University Regional Centre, Ludhiana for providing me all the relevant books and material
for the completion of my assignment.

Lastly, I would take an opportunity to thank family, friends and associates for putting up and
sticking up from end to end of the progression of this research.

DATE: 12/01/2022 ANIRUDH JHAMB

RIYA MITTAL
TANIYA
VIKAS GAUR
 Lists of cases:
 TABLE OF CONTENT
 S.no Contents Page NO.

1. Acknowledgement

2. List Of Cases

3. Abstract 1
1. Chapter 1. Introduction

1.1 Concept And Meaning Of Refugee

1.2 Reasons Why People Become Refugee

1.3 Difference Between Other Foreigners And Refugee

2 Chapter 2. Historical Perspective

2.1 Pre Independence

2.2 Post Independence

3. Chapter 3. International Perspective Comparative

Analysis
3.1 Introduction

3.2 International Legislation’s On Refugee Law

3.3 Legal Status Of Refugee In Other Countries With The Help Of

Judicial Interpretation-Comparative Analysis
3.4 International Institution\Bodies\Organizations

4. Chapter 4. National Perspective

4.1 Introduction

4.2 Status Of Refugee In India

4.3 Refugee And Indian Legal Framework

4.4 India’s Measures For Fulfilling International Obligations

4.5 Laws For Refugees In India

4.6 Judicial Preview

5. Chapter 5. Problem Faced By Refugee In India

5.1 Problem Rohingiyas Are Facing In India

5.2 Step Taken By Indian Government Against Refugee Law In

India
5.3 Initiative On Rohinigya Refugee

5.4 UNHCR And NHCR In India

6 Chapter 6. Current Scenario Of Refugees In India

7 Chapter 7. A Critical Analysis On Socio Fabric

7.1 Recommendations And Suggestion

7.2 Conclusion
ABSTRACT:
It is a Universal duty of every kingdom that no person must be left in a condition of statelessness. The
concept of nationality acts as a critical link between an man or woman and a state. It allows the individual to
ensure positive rights and obligations and to be secured by a specific country to which he belongs. But
within the case of Refugees it does now not happen so due to the fact Refugees are those who has left their
native united states due to diverse motives as established by way of the International law 1. They migrate to
any other united states of America in which they could be either or no longer given protection and rights
relying upon the municipal laws of that united states to which they have got migrated.
India is the follower of the Specific Adoption Theory according to which an international law in order to be
applied under its municipal laws it requires the adoption of its principles through a relevant legislation
passed by the Parliament of India2.

The study has adopted the Doctrinal and Non-empirical method of research. The study has found that the
Rohingya refugees who migrated to India from Bangladesh did not enjoy a harmonious welcome, as some
conflicts arose to their legal status of their stay in India. The absence of well established laws with respect to
refugees acts as the sole reason for the conflict of rohingya refugees.

Thus, the paper has concluded that, because India preaches the idea of humanity and has inculcated several
rights relating to the safety of human rights, must legislate a certain law admire to the popularity and status
of refugees with a purpose to give them a particular proper and safety of refugees with a purpose to give
them a particular proper and safety.

Keywords- Refugees, Status under International Law, Status in India, Rohingyas, Need for legislation for
Refugees.

1
Retrieved on: Refugees and Human Rights- An Indian Perspective with Respect to Rohingya Refugees, International Journal of Pure and
Applied Mathematics Volume 120 No. 5 2018, 4901-4915; https://acadpubl.eu/hub/2018-120-5/4/398.pdf
2
Ibid
CHAPTER 1: INTRODUCTION
“The world will not be destroyed by those who do evil, but by those who watch them without doing
anything.”3 -Albert Einstein

Every human being is having the Right to live with dignity and to be given a nationality status. It is a
Universal obligation of every nation that no individual should be left in a condition of statelessness. The
concept of nationality acts as a vital link between an individual and a nation. It enables the person to ensure
certain rights and duties and to be secured by a particular nation to which he belongs. But in the case of
Refugees it does not happen so because Refugees are the ones who has left their native country due to
various reasons as established by the International law. They migrate to another country where they will be
either or not given protection and rights depending upon the municipal laws of that country to which they
have migrated.
According to the Article 1 of 1951 Convention a ‘refugee’ is a person who flees across an international
border because of well founded fear of being persecuted in his country of origin for the reasons of race,
religion, nationality, membership of a particular social group and political opinion and is not willing to go
back to his home state4. India has one of the largest refugee population in the world. Regardless of the fact
that India serves to the diverse group of refugees, example: – Syrians, Afghans, Palestinians, Persians,
Ethiopians and Christians, etc., the country does not have specific domestic laws and policies for the
refugees5.
Despite the fact that India is a host to diverse groups of refugees, the country has no specific laws or
cohesive policy for refugees. India is not a signatory to the 1951 Refugee Convention nor to its 1967
Protocol on the Status of Refugee. Therefore, the protection of refugees is confined to ad-hoc measures
taken by the Government of India, leaving refugees with little protection for their civil and political rights
and virtually no legal provisions for their safety and welfare. There is the need for the protection of the
rights of refugees and to improve their situation in India with a mission to assist asylum seekers, refugees
and other displaced populations in realizing their basic human rights and accessing the justice system.

3
Retrieved on: A quote to shar e every waking hour of world refugee day; https://www.globalgiving.org/learn/12-shareable-world-refugee-day-
quotes/
4
Retrieved on: Sai Abhipsa Gochhayat, Protection of refugee in India, posted on: 09.Nov.2011; https://papers.ssrn.com/sol3/papers.cfm?
abstract_id=1957146
5
Retrieved on: Harshit Rai and Vaibhav Dwidevi, Constitutional provision regarding refugee law in India;
https://www.ijlmh.com/paper/constitutional-provision-regarding-refugee-law-in-india/
Asylum seekers can get the refugee reputation from UNHCR if the status isn't always protected by way of
the Indian Government. According to the Universal Declaration of Human Rights (UDHR) States have a
obligation to protect the inherent dignity and worth and dignity of every person thereby including those of
refugees and asylum seekers. The precept of non-renouncement also ensures that lives of asylum seekers
aren't put in risk through pushing them returned into international locations wherein they face persecution.

Even States which are not signatory to the conventions aren't out of doors the purview of the mandate to
fulfil the fundamental rights of refugees as these rights have acquired commonplace nature. There has been
improvement of refugee jurisprudence in which no longer handiest the rights of political refugees are to be
included of refugees protected underneath Convention of 1951 however even individuals who are compelled
to depart on other grounds like economic deprivation.
However, Human Rights interpretation tends to include Economic Social and Cultural rights along with civil
and political rights. States today cannot refuse equal rights to all groups based on economic or social
limitation of States. India has followed a liberal policy of humanitarian protection of refugees and asylum
seekers. It is home to several groups of people who have come here and made it their home. However, the
absence of a refugee specific legislation can be attributed to India’s volatile situation in South Asian politics
and the threat of terrorism faced by it. Even in such absence of a specific law, India has addressed the needs
of refugees who have fled from their home country into its territory.
Case law: Khudiram Chakma v. State of Arunachal Pradeh (1994 Supp (1) SCC 615);
The Supreme Court approvingly referred to the Universal Declaration of Human Rights in the context of the
refugees:
Article 14 of the UDHR, which speaks of the right to enjoy asylum, has to be interpreted in the light of the
instrument as a whole, and must be taken to mean something. It implies that although an asylum seeker has
no right to be granted admission to a foreign state, equally as State, which has granted him asylum must not
later return him to the country whence, he came. Moreover, the Article carries considerable moral authority
and embodies the legal prerequisite of regional declarations and instruments.

 Concept and meaning of refugee:

Due to several misconceptions around who's a refugee, it is regularly assumed that “refugees”, “migrants”
and “asylum seekers” imply the equal and are used synonymously. However, refugees represent a special
elegance of men and women different from migrants and asylum seekers. This difference must be cited
which will observe who can qualify as a refugee and be entitled to several rights, protection and guide
beneath worldwide legal guidelines and conventions.
A refugee, as generally understood, is a person who has been forced to flee their own country due to the fear
of violence, persecution, war or other forms of conflict. An immigrant, on the other hand, is a person who
makes a conscious decision to leave their country and move to a foreign country, not due to fear of violence
or threat, but to settle there and improve their lifestyle 6 An asylum seeker is someone who claims to be a
refugee, however their claim has not been authorized yet. Like refugees, they are looking for global safety
from the threats present in their home us of a. However, to categorize as a refugee, they have to prove to the

authorities that they fall inside the legal definition of a refugee and are entitled to the protection and care to
be had to them.
Article 17 of the Convention referring to the Status of Refugees 1951, defines a refugee in three approaches
– Inclusion, Cessation and Exclusion.
Article 1(A) is an inclusionary provision that lays down the requirement to be met with to fall underneath
the definition of a refugee, including alienage. The clause additionally states that there must be a properly-
founded worry the various members and this worry ought to be reasonable. It also lays down five grounds
for persecution – race, faith, nationality, club of a specific social institution and political opinion. In order to
determine if the chance of persecution is cheap, numerous factors must be checked out, inclusive of
violation of human rights, nature and severity of the rights denied, and regulations imposed, and so forth.
The grounds stated under this newsletter are broad sufficient to cover any persecution based on gender, caste
and so on and for this reason expands the scope of the which means of refugee.
Article 1(C) describes when someone who become previously classified as a refugee loses their reputation.
This phase lays down several situations where a person’s refugee status ceases to exist because of acts
accomplished by using the individual or modifications in occasions that suggest that the hazard of
persecution not exists.
Article 1(D)-(F) specifies which members will no longer classify as refugees and excludes them from the
definition. In order to legally classify someone as a refugee, they should be according with all clauses cited
underneath Article 1.
Landmark judgement: Gramophone Company of India Limited v. Birendra Pandey (1984 (SC) AIR
677), the Supreme Court held8;
There can be no question that nations must march with the international community and the municipal law
must respect rules of international law just as nations respect international conventions. The comity of
nations requires that the rules of international law may be accommodated in the municipal law even without
express legislative sanction provided they do not run into conflicts with Acts of Parliament.

 Reasons why people become refugees:

6
Retrieved on: international refugee law and human rights: a study of the status of northern India, posted on: July 12,2021:
https://blog.ipleaders.in/international-refugee-law-human-rights-study-status-refugees-northeast-india/
7
Prof. Nariendar kumar, constitutional law of India, Allahabad law agency,( 2019)
8
Retrieved on: https://indiankanoon.org/doc/383397/
Refugees frequently haven't any other choice but to leave their home country due to many motives out of
doors of their manage. It’s expected that more than 37,000 human beings are compelled to depart their
domestic because of warfare and persecution in step with day.
To recognize how to help refugees, one desires to recognize why human beings end up refugees in the first
area. The causes range from us of a to country, but, there are a few number one suspects for the continued
refugee crisis.

Here are the main causes of the refugee crisis and its impact on millions of people around the world:
 Persecution: There are many types of persecution that have led to a refugee crisis. This includes racing.
social, religious and political persecution. This is perhaps the most common reason why people become
refugees. Religious refugees are almost everywhere, from the Dalai Lama to persecuted Muslims in
Myanmar. For example, more than 900,000 people have left Myanmar since 2017.
 War: Most refugees are people who have become refugees directly or indirectly as a result of war. The
first major international refugee crisis occurred in the 20th century when over 50 million people were
displaced during World War II. The Syrian refugee crisis has been ongoing since 2011. The Syrian
refugee crisis has displaced over 6.3 million people and displaced over 5 million people out of the
country. According to official statistics, 2 million Syrian refugees are registered with the United Nations
High Commissioner for Refugees (UNHCR) in Egypt, Iraq, Jordan and Lebanon, 3.5 million by the
Turkish government and more than 33,000 Syrian refugees in North Africa. It is followed by
Afghanistan with 2.7 million and Sudan with 2.3 million.
 Human Rights Violations: Many countries face serious human rights violations by the wealthy and
powerful. This is often done by people in power who are dominated by greed, corruption and power.
Massive corruption has led to severe unemployment and economic inequality. The poor citizens of such
countries are often at a disadvantage compared to the rich and powerful. Periodic human rights
violations and situations where people are forced to leave their homes result in internal or international
displacement. However, this means a huge economic and social burden for the refugees and the
countries/cities that support them. Recognition of these human rights violations is an important step
towards resolving the refugee crisis.
 Hunger: The United Nations famine, the biggest humanitarian crisis since 1945, has declared a global
famine emergency. Over 20 million people worldwide are estimated to be food insecure. This led to
massive displacement and a refugee crisis. In East Africa alone, there are 4 million refugees and 11
million other internally displaced people due to lack of food and resources. Often this is due to political
instability leading to drought, corruption and famine.

 Difference between other foreigners and refugees:

While all men and women who are not Indian citizens are ‘Foreigners’ which include refugees, it is vital to
absolutely distinguish the latter from different classes of ‘foreigners’. There are enormous misgivings within
the minds of many in India due to the failure to absolutely understand the distinction among ‘refugees’ and
diverse ‘other classes of foreigners’. The effect of this misunderstanding, specially due to the large variety of
‘unlawful immigrants’ from Bangladesh who have spread into specific elements of India, has tended to
adversely impact the considering many inside the USA about the basic problems concerned inside the
problem of ‘refugees’. Unless the difference among the ‘refugees’ on the one hand and all other classes of

‘foreigners’ on the opposite, is simply added domestic, our attempts to sensitise humans in the diverse strata
of our society will remain inadequate.
There are as a minimum 3 properly-defined organizations of foreigners who're different from ‘refugees’. It
is critical that the difference amongst them is sincerely understood and none of them is careworn with or
improper for a ‘refugee’. These categories are:
1. Temporary Residents, Tourists and Travellers: Persons underneath this category come to India for a
specific cause and duration with the previous permission of the Government of India. However, in
positive situations any individual in this category should turn out to be eligible for being a refugee, if,
during their sojourn in India, the state of affairs of their us of a of origin becomes including to endanger
their lives and liberty if they have been to return to their usa. Many Iranians who had come to India for
studies throughout the regime of the Shah of Iran, have stayed returned in India as refugees after the
autumn of Shah of Iran and a modern authorities took his location in 1978. It should be stated that no
person can robotically claim the proper for ‘refugee fame’ below this class. It is the prerogative of the
Indian government to satisfy themselves and determine every case in step with deserves and situations.
2. Illegal Economic Migrants: Any foreigner who would possibly have left his or her united states of
origin with out due authorisation from the authorities concerned, each within the usa of starting place in
addition to the united states of America of vacation spot, completely to improve his or her monetary
potentialities, isn't always a refugee. After all, there is no detail of persecution or coercion compelling
the character to go away the united states of America of foundation. Illegal migrants from Bangladesh
are examples of this category. Such humans must be dealt with as illegal and unauthorised entrants into
the u . S . A . And dealt with beneath the right legal guidelines applicable to foreigners like Foreigners
Act, Indian Passport Act and so forth. Besides the IPC, Cr.PC and so forth.
3. Criminals, Spies, Infiltrators, Militants and so on: None of those can ever become eligible to be
refugees. They should be dealt with under the provisions of the Indian criminal laws in addition to every
other unique laws in pressure even though some of them may be in ownership of legitimate journey
files.
4. Internally Displaced Persons (IDP): Those folks who're fleeing persecution and human rights
violations from one vicinity of the usa and feature sought shelter in some other location of the same
 united states of America, fall under this category. Such persons cannot be categorized as ‘refugees’ as
they have no longer crossed any worldwide border. Moreover, they have the protection in their country
wide government. These people are categorised as ‘internally displaced folks’ (IDP)[5]. Kashmir is
who've been forced to flee from Jammu and Kashmir and who've settled in other parts of India fall
underneath this category. Incidentally, in many African nations, the IDPs are also dealt with as
‘refugees’ within the ambit of the 1951 Convention.

CHAPTER 2: HISTORICAL PRESPETIVE

Asylum seekers are present from a few years, the early man used to migrate for locating food, shelter and
different sources. Around AD 600, the proper to are searching for asylum in a holy place or a church
become codified in regulation through King Ethelbert of Kent. Many such laws had been rising around
Europe for the duration of the Medieval Period which was the begin of such provisions 9. But it changed into
the 18th century while it changed into required for human beings to expose identification verification to
cross borders in lots of nations. The largest Refugee crises happened at some stage in the World Wars. The
first international struggle lasted nearly 4 years. One million refugees of Belgium went to the Netherlands
and there on transferred to the UK and other nations. France, Germany was also the worst affected. When
Russia attacked Prussia, 870000 fled. World War 2 was one such war which by no means took place within
the records of the arena. By 1959 a few 900,000 European refugees have been taken by European nations.
And 461,000 had been common by the united states, and 523,000 by different countries. World War 2
induced around 60,000,000 refugees in Europe itself.
(A) History of Refugees in India :
Pre-Independence
India is one of the few countries to experience the refugee situation in the last half century. Indian history is
evident by large-scale migration of people from different countries. These migrations had taken place in 2
ways: “Hindukush Mountains in the West and the Patkoi range in the East”.
Displacement has long been a feature of human society since people began organizing national
governments. Here are examples of refugee crises10:

Time line Description

740 B.C Israelites11

9
Retrieved on: international journal of law management and humanities (ISSN 2581-5369), VOLUME 4,Issue 3 2021;
https://www.google.com/search?q=Constitutional-Provision-Regarding-Refugee-Law-in-
India.pdf&rlz=1C1JJTC_enIN960IN960&oq=Constitutional-Provision-Regarding-Refugee-Law-in-
India.pdf&aqs=chrome..69i57j69i60.506905j1j4&sourceid=chrome&ie=UTF-8
10
Retrieved on: https://www.worldvision.org/refugees-news-stories/what-is-a-refugee-facts
11
Retrieve on: https://www.theguardian.com/news/datablog/interactive/2013/jul/25/what-happened-history-refugees
 Canaan : When Assyrian rulers conquered the land of ancient Israel, 10 of
the legendary 12 tribes were expelled from these lands. How many there
were, and where they ended up remains a subject of highly contentious
historical and religious debate.
1685 Protestant French Huguenots flee from state-sanctioned persecution in
France.
1914-1918 World War I and its aftermath precipitate massive displacements of
populations including Belgians, Serbians, and Armenians.
1920s and 1930s The League of Nations and International Labor Organization institute a
system for identifying refugees and issuing travel documents for them.
1939 to 1945 About 60 million people are displaced by World War II.

Post-Independence
The first twenty-five years of India was spent on accepting the responsibility of 20 million refugees. This
was due to the partition of India and Pakistan. As a result, India had to confront a task by providing relief to
the displaced persons from West Pakistan. “At the initial stage, 160 relief camps were organized and the
total expenditure incurred was Rs. 60 crores approximately.”12 There were many steps taken by the
government of India to overcome with the refugee problem. The most important step that had been passed
by the government was the Rehabilitation Financial Administration Act, 1948. 13 A Huge number were
displaced from India to Pakistan and vice versa and the problem was much similar to Refugees. India always
has some or the other Refugees coming in throughout its history

Time line Description

1950 The Office of the United Nations High Commissioner on Refugees is
formed to help people displaced by World War II.
1951 The United Nations Convention Relating to the Status of Refugees defines
refugees and their rights.
1967 The Protocol Relating to the Status of Refugees expands the scope of the
refugee convention beyond European refugees.
1971 Many refugees travelling from East Pakistan to India
1983 and 1986 India had refugees coming in from Sri Lanka and Bangladesh respectively.
At the end of 1992, India has hosted 2,000,000 migrants and 237,000
displaced persons.

12
Retrieved on: international journal of law management and humanities (ISSN 2581-5369), VOLUME 4,Issue 3 2021;
https://www.google.com/search?q=Constitutional-Provision-Regarding-Refugee-Law-in-
India.pdf&rlz=1C1JJTC_enIN960IN960&oq=Constitutional-Provision-Regarding-Refugee-Law-in-
India.pdf&aqs=chrome..69i57j69i60.506905j1j4&sourceid=chrome&ie=UTF-8
13
Ibid
1990 Wars in Bosnia and the former Yugoslavia lead to the displacement of
millions of Bosnians and Serbs.
2011 Civil protests lead to a civil war in Syria, which displaces more than 13
million people, including 6.7 million refugees.
2013 Civil war breaks out in the young nation of South Sudan, ultimately
leading to 2.2 million people fleeing the country as refugees.
2016 With the New York Declaration for Refugees and Migrants, all 193 U.N.
member states recognize the rights of refugees and migrants and pledge to
support countries that host them.
2017 Members of the Rohingya ethnic group flee violence in Myanmar’s
Rakhine state and relocate to Bangladesh
2018 The U.N. General Assembly adopts the Global Compact on Refugees to
promote self-reliance for refugees and support the developing countries
that host them
2019 Venezuelans leave their county en masse to seek food, work, and a better
life in Colombia and other nations
2020 Forced displacement impacts more than 1% of humanity — one in every
95 people — and with fewer and fewer people who flee being able to
return home.
 CHAPTER 3: INTERNATIONAL PERSPECTIVE-COMPARATIVE ANALYSIS

 INTRODUCTION
States are answerable for defensive the rights of their citizens. When governments are not able or unwilling
to try this, humans can also face such critical threats that they may be compelled to go away their us of a and
are seeking for protection someplace else. If this occurs, any other usa has to step in to ensure that the
refugees’ primary rights are reputable. This is called “global protection”.
The 1951 Convention relating to the Status of Refugees and its 1967 Protocol are the core of the
international protection system, complemented by regional treaties and declarations that also address the
rights of refugees. But international refugee law does not operate in isolation. It is best understood in
conjunction with international human rights law, starting with the 1948 Universal Declaration of Human
Rights, and with international humanitarian law (the law of war).
This broader international criminal underpins the paintings of the Office of the United Nations High
Commissioner for Refugees (UNHCR). The UN General Assembly created UNHCR after the Second World
War to make sure the worldwide safety of refugees, and to work with governments to discover lasting
solutions to refugee troubles.

 International legislation's on refugee law

Internationally applying law governs the interests of forcibly displaced persons and ensures them with
proper protection and support in the foreign country. The important legal frameworks for refugees can be
studied under three main heads-

 International refugee law;

 International human rights law;
 International humanitarian law.

i. International Refugee Law :The core instruments of the international refugee law are the 1951
Convention relating to the Status of Refugees and the 1967 Protocol. 
 1951 Convention relating to the Status of Refugees: The 1951 convention lays down the foundation
for the international refugee law and was formulated in the aftermath of World War 2. It lays down the
meaning and scope of the term “refugee”, sets out several duties of the refugees in the host country and
the responsibilities of the states towards them. It also establishes one of the key principles to ensure that
the refugees are not forced back to their home country where there is considerable danger to their life or
basic human rights. The convention was made in the context of the events during the second world war
and due to this, the definition of the refugees was temporal and geographically limited as being
applicable to the events in Europe before 1 January 1951. However, over the years, there arose a need
for a universal instrument to ensure the protection of the refugees. This led to amendments and the
adoption of the 1967 Protocol.
 1967 Protocol: The protocol aimed at removing the limitations present in the 1951 convention but
remained integrally related to the convention. It redefined the application of the term refugees, thus
overcoming the time and space-related limitations. The protocol ensures the application of the core
content of the 1951 convention to all persons falling within the revised definition of a refugee.

2. International Human Right Law

1948 Universal declaration of human rights

The international refugee law does not operate in isolation and must be in compliance with several basic
rights guaranteed under the declaration of human rights. Article 14(1) specifically provides the right to seek
and enjoy asylum in other countries. In addition to stating the basic rights that are applicable to all humans,
including refugees, the human rights law also specifies the states obligation to respect, protect and fulfil the
rights of their citizens.

i. International Humanitarian Law

Geneva Conventions of 1949 and the Additional Protocols agreed in 1977

A large number of refugees are displaced in the midst of internal conflicts or war-like situations. The
principles of the International Humanitarian Law which deal with the laws of war or armed conflict are
applicable to protect them. A major part of this law is covered in the Geneva Conventions of 1949 and
Additional Protocols of 1977. These ensure protection for those people who do not take part in fighting or
are not in a position to fight. This is applicable to a wide range of persons from sick and wounded soldiers to
civilians of the countries. This limits the effect of the conflict on the members who are not directly
involved. 
New York Declaration of refugee and migrants:

The United Nations General Assembly unanimously adopted the New York Declaration for Refugees and
Migrants14. The New York Declaration reaffirms the importance of the international refugee regime and
contains a wide range of commitments by Member States to strengthen and enhance mechanisms to protect
people on the move. It has paved the way for the adoption of two new global compacts in 2018: a global
compact on refugees and a global compact for safe, orderly and regular migration.

In adopting the New York Declaration, Member States:

 expressed profound solidarity with those who are forced to flee;

 reaffirmed their obligations to fully respect the human rights of refugees and migrants;
 agreed that protecting refugees and supporting the countries that shelter them are shared international
responsibilities and must be borne more equitably and predictably;
 pledged robust support to those countries affected by large movements of refugees and migrants;
 agreed upon the core elements of a Comprehensive Refugee Response Framework; and
 agreed to work towards the adoption of a global compact on refugees and a global compact for safe,
orderly and regular migration.

Further information on the New York Declaration can be found in the documents under ‘Additional
resources’ below.
The Comprehensive Refugee Response Framework15
The New York Declaration sets out the key elements of a Comprehensive Refugee Response Framework
(CRRF) to be applied to large-scale movements of refugees and protracted refugee situations. The CRRF
focuses on the importance of supporting those countries and communities that host large number of
refugees, promoting the inclusion of refugees in host communities, ensuring the involvement of
development actors from an early stage, and developing a ‘whole-of-society’ approach to refugee responses.
Its four key objectives are to:

1. Ease the pressures on host countries and communities;

2. Enhance refugee self-reliance;
14
Retrieved on: UNHCR - New York Declaration for Refugees and Migrants
15
Ibid
 3. Expand third-country solutions; and
4. Support conditions in countries of origin for return in safety and dignity.

Since the Declaration was adopted, UNHCR has been working with States and all other relevant
stakeholders to develop and initiate the practical application of the CRRF in a number of countries. As of
February 2018, the CRRF is formally applied in a dozen countries, including two regional contexts in Africa
and Central America.
For further information on the CRRF and its application to particular refugee situations, see Comprehensive
Refugee Response Framework: Delivering more comprehensive and predictable responses for refugees.
The global compact on refugees
In addition to setting out the Comprehensive Refugee Response Framework, the New York Declaration calls
upon the United Nations High Commissioner for Refugees to propose a ‘global compact on refugees’ in his
annual report to the United Nations General Assembly in 2018. The global compact on refugees, the first
draft of which was released at the end of January 2018 and will undergo formal consultations with Member
States until July 2018, builds on the Comprehensive Refugee Response Framework and sets out practical
measures that can be taken by a wide range of stakeholders to enhance international cooperation in response
to large movements of refugees and protracted refugee situations, and to ensure a more equitable and
predictable sharing of the burden and responsibility for providing protection to refugees.
For further information, please see Towards a global compact on refugees.
The global compact for safe, orderly and regular migration
The New York Declaration also provides for the negotiation of a global, compact for safe, orderly and
regular migration, which is to be adopted in 2018. Although they are to be run at the same time, the General
Assembly has directed that the two processes leading to the two global compacts are to be “separate, distinct
and independent”.
The migration compact will enhance coordination on international migration and present a framework for
comprehensive international cooperation on migrants and human mobility. UNHCR has been asked, in the
New York Declaration, to also contribute to this process and to help in the elaboration of non-binding
principles for migrants in vulnerable situations. Issues where UNHCR is contributing include responses to
flows of refugees and migrants, the protection of migrants in countries in crisis and other vulnerable
situations, and displacement due to climate change and natural disasters.
UNHCR has been working closely with various stakeholders on issues of complementarity between the two
global compacts, particularly in relation to cross-cutting issues relating to both refugees and migrants such
as trafficking and smuggling, rescue at sea, data collection and analysis, and promoting tolerance.
Further information on the global compact for safe, orderly and regular migration can be found on
the United Nations Refugees and Migrants website.
In order to support discussions taking place in the context of the migration compact on the distinction
between refugees and migrants, UNHCR produced and circulated The refugee concept under international
law.

 LEGAL STATUS OF REFUGEES IN OTHER COUNTRIES WITH THE HELP

OF JUDICIAL INTERPRETATION- COMPARATIVE ANALYSIS:

1. Judgements on Asylum
Granting asylum to a refugee within a territory has been the sovereign right of every state. in Cruz-Varas vs
Sweden and Ors16, the European Court of Human Rights (ECtHR) examined the case of a Chilean political
activist extradited from Sweden to Chile, which the applicant claimed was in violation of Article 3 of the
European Convention on Human Rights (ECHR), which states that “No one shall be subjected to torture or
to inhuman or degradingtreatment or punishment.” The ECtHR had previously held that, “the decision by a
Contracting State to extradite a fugitive may. engage the responsibility of that State under the Convention,
where substantial grounds have been shown for believing that the person concerned, if extradited, faces a
real risk of being subjected to torture or to inhuman or degrading treatment or punishment in the requesting
country.17” However, the ECtHR also stressed that the ill treatment must attain a minimum level of severity.
In its application of Article 3, the ECtHR has consistently maintained a high standard of proof and conceded
considerable substantive and procedural room to national authorities.
ECtHR indicated that in assessing the degree of risk, it will look at all the material placed before it,
including any evidence obtained by its own initiative. The court stated that in judging State actions, it will
look at the facts known at the ti me of the alleged exposure to the risk. However, it would also take into
account information subsequently available to confirm or refute the foundation of an applicant’s fear. States
remain under no obligation to grant asylum, while protection within a state “implies only the normal
exercise of territorial sovereignty.”18 Save in so far as it does not trespass upon the State’s other obligations
under international law, the the sovereign act comprising the beneficial exercise of territorial jurisdiction is
entitled to respect by all the other states, including the country of origin of the refugee.

2. Judgements on Fear of Persecution

One of the essential elements required to say refugee reputation is that the claimant have to be truly at
danger. Various criminal “assessments” were developed concerning the usual of evidence that is required to
satisfy what constitutes being genuinely at risk or having a real nicely-founded worry of persecution. Courts
in a variety of of countries have articulated some of those checks.

16
Retrieved on: Cruz-Varas vs Sweden and Ors, 46/1990/237/307,
https://www.refworld.org/cases,ECHR,3ae6b6fe14.html
17
Retrieved on: Refugees and the law 2nd edition , Ragini Trakroo Zutshi ,Jayshree Satpute ,Md. Saood Tahir
18
Retrieved on:Asylum Case (Colombia v. Peru), 1950 (Rep) ICJ R 265 ; https://www.icj-cij.org/en/case/7
In INS vs Cardoza Fouseca19, the US Supreme Court held that the moderate interpretation of the ‘well-
founded fear’ standard would indicate that so long as an objective situation is established by the evidence, it
need not be shown that the situation will probably result in persecution, but it is enough that persecution is a
reasonable possibility.
In the judgement of the House of Lords in R vs Secretary of the Home Department Ex Parte
Sivakumaran20, suggests that the test should consider whether there is an evidence of a “real and substantial
danger of persecution.” The Canadian Federal Court of Appeal considered the above and disapproved of the
House of Lords formulation in Joseph Adjei vs Ministry of Employment & Immigration 21
The court
adopted the “reasonable chance” standard.
These decisions reveal that a alternatively liberal method is taken whilst figuring out whether or not a person
has a nicely-based fear of persecution. If there's goal evidence indicating a reasonable possibility or chance
of persecution in the claimant’s kingdom of origin, the claim have to be adjudged well-based.

3. Judicial Interpretation on Racial Persecution

The international community has expressed its abhorrence of discrimination on racial grounds, but whether
such discrimination amounts to persecution by itself is less clear. In the Patel et al. v. the United Kingdom
case, the International Court of Justice held that the discrimination likely to be faced by a Kenyan citizen of
Asian origin did not amount to persecution.

4. Judicial Interpretation on Persecution Related to Nationality

Nationality in Article 1A(2) of the 1951 Convention is usually interpreted in broad terms to include the
origins and membership of particular ethnic, religious, cultural, and linguistic communities. In Ealing
London Borough Council v. Race Relations Board 22, the court excluded nationality from the generic term
―national origin.

5. Judgements on Religious Persecution

Article 18 of the ICCPR and Article 18 of the UDHR prescribe that everyone shall have the right to freedom
of thought, conscience and religion, which shall include the freedom to have or adopt a religion or belief of
choice and the freedom to manifest such a religion or belief. Article 9 of ECHR also expressly recognises
the freedom to change one’s religion or belief. However, a distinction may be drawn between the freedom to
practice a religious belief and the right to proselytise.

6. Judgements on Political Persecution

19
Retrieved on: INS v. Cardoza-Fonseca, 480 U.S. 421 (1987)
20
Retrieved on: R v. Secretary of State for the Home Department, Ex parte Sivakumaran and Conjoined Appeals (UN High Commissioner for
Refugees Intervening);[1988] AC 958, [1988] 1 All ER 193, [1988] 2 WLR 92, [1988] Imm AR 147;
https://www.refworld.org/cases,GBR_HL,3ae6b67f40.html
21
Retrieved on: Refugees and the law 2nd edition , Ragini Trakroo Zutshi ,Jayshree Satpute ,Md. Saood Tahir
22
Retrieved on: https://www.casemine.com/judgement/uk/5a8ff8c960d03e7f57ecd6b4
In the 1951 Convention, the term “political opinion” should be understood in its broad sense. It incorporates,
within substantive limitations, any opinion on any matter in which the machinery of the state or government
policy may be engaged. This wording was adopted and endorsed by the Supreme Court of Canada in
Attorney General vs Ward23 .

7. Judgements on Refugee Sur Place

That the 1951 Convention protects refugees sur place on an equal foot ng with those who cross a border aft
er the risk of persecution is already apparent. Chaudhri vs Canada (Minister of Employment &
Immigration)24 involved a Pakistani citizen who had been an activist of the ruling Pakistan Peoples’ Party
prior to the military overthrow of 1979. Mr. Chaudhri had been in Canada for three years prior to the coup.
In 1980, he learned that the new military government had issued a politically inspired warrant for his arrest
that could lead to indefinite detention . The Federal Court of Appeal of Canada held that he was properly
considered a Convention refugee sur place since his fear of persecution while not extant at the ti me of his
departure from Pakistan was nonetheless wellfounded in subsequent events.

 INTERNATIONAL INSTITUTIONS/ BODIES / ORGANISATION:

There are many international establishments in the global paintings for refugee safety and help. United
Nations High Commissioner for Refugee is the center global group, which matches personally as well as in
collaboration with other institutions.

 The Office of the United Nations High Commissioner for Refugees (UNHCR)25
The statute of the United Nations High Commissioner for Refugees turned into (UNHCR) adopted
according to decision 428(V) by means of the General Assembly. The capabilities of UNHCR encompass
imparting international protection and 'in search of permanent answers' to the problem of refugees by way of
voluntary repatriation or assimilation in new countrywide groups. According to the statutes of the United
Nations High Commissioner for the refugee, the work of the High Commissioner will be totally non-
political, humanitarian, and social. Its task is to offer primary importance to the supply of international
safety related to refugees, as well as discover the opportunity of locating a permanent security answer,
interventions to steady entry and make certain the non-refoulement of refugees.

23
Retrieved on: Canada Attorney General v. Ward (1993)2 SCR 689
24
Retrieved on: Chaudhri vs Canada (Minister of Employment & Immigration) (1986 (69) N.R.114)

25
Retrieved on:INTERNATIONAL LEGAL FRAMEWORK FOR THE PROTECTION OF REFUGEES
Besides defining refugees, the UNHCR statute determines the high commissioner's dating with the General
Assembly and the Economic and Social Council (ECOSOC), and it makes provisions for company and
finance and identifies methods wherein the High Commissioner can provide security. It develops the
paintings executed by way of the other groups, which consist of:
1. Promoting the realization of worldwide conventions for the protection of refugees, supervising their
software and providing amendments to that;
2. Promoting thru specific agreements with governments the execution of any measures calculated to
improve the scenario of refugees and to reduce the range requiring protection; and
3. Promote the admission of refugees.

There are two options available as permanent solutions and one temporary solution to the refugee problem:

A. Voluntary Repatriation
Repatriation is now typically seemed with the aid of UNHCR as the solution of choice where the return is
actually voluntary and sustainable. In the situation wherein repatriation has undertaken, it's far essential to
make certain that go back is clearly voluntary; to repatriate otherwise could contain a breach of the precept
of non-refoulement in violation of worldwide law.The UNHCR is obliged to facilitate voluntary repatriation
by way of organizing agreements between its workplaces and rehabilitation for lower back refugees as well
as protecting the charges of go back and assisting in it. In nations wherein voluntary repatriation has
undertaken, the UNHCR incorporates out the return programme beneath the framework for a durable answer
or 4Rs approach proposed via the high commissioner sincerely voluntary repatriation, reintegration,
rehabilitation, and reconstruction.
B. Local Assimilation
However, doubtlessly a permanent strategy to refugee reputation, local assimilation is a hard and
complicated method related to social, economic, and cultural edition on the part of both the refugee and the
host community. It is also dependent on prison recognition in the united states of asylum, which, as UNHCR
recognizes, can best be performed with the settlement of the government of the host Nation Worried.
Where the possibility of voluntary homecoming has not been visible shortly, the first-class solution could be
to combine the refugee into the host united states itself.
UNHCR is one of a network of organs, funds, programs, specialized agencies, and commissions working
with some UN agencies and intergovernmental organizations for the protection and respect to the refugees
and returnees, which are following:
a) International Labour Organization (ILO) programmed to enhance selfreliance and sustainable
livelihoods of refugees in the contexts of integration and return, labour mobility, and migration outcomes for
refugees.
b) International Maritime Organization (IMO) promotes the rescue of refugees and asylum seekers at
sea, according to the international obligations of the state.
c) UN Children’s Fund (UNICEF) – provides health, nutrition, and education rights of children, protection
of unaccompanied children, and reunification of refugee families separated in flight.
d) UN Counter-Terrorism Implementation Task force (CTITF) collaborates in strengthening the
coordination and coherence of counter terrorism efforts of the UN system.
e) UN Development Programme (UNDP) – enhancing linkages between humanitarian and development
programs; durable solutions including in protracted refugee situations, integration, and re-
integration,Solutions Alliance.
f) UN Office for the Coordination of Humanitarian Affairs (OCHA) – coordination of UN assistance in
humanitarian crises that go beyond the capacity and mandate of any single humanitarian agency
g) UN Office on Drugs and Crime (UNODC) – prevention of and combatting trafficking in refugees and
other persons of concern to UNHCR and protection of victims
h) United Nations Office of the High Commissioner for Human Rights (OHCHR) – integration of
human rights into UNHCR‘s work and inclusion of people of concern into OHCHR‘s standard-setting,
monitoring and field implementation activities, coordination of advocacy efforts for groups or persons of
concern to both organizations, joint training, complementary or joint interventions in individual cases
i) UN Population Fund (UNPFA) – meeting reproductive health needs; prevention of sexually transmitted
diseases, including AIDS; and prevention of, and protection from sexual violence.
j) World Bank – development and promotion of livelihood opportunities and self-reliance for refugees and
returnees and concessional development financing for affected communities
k) World Food Programme (WFP) works for the distribution of food, including in emergencies.
l) World Health Organization (WHO) is doing work for improvement of the health, nutritional, sanitary,
hygienic, and environmental conditions of refugees and returnees.
 CHAPTER 4: NATIONAL PERSPECTIVE
 INTRODUCTION:
“While every refugee’s story is different and their anguish personal, they all share a common thread of
uncommon courage – the courage not only to survive but to persevere and rebuild their shattered lives.26”
-Antonio Guterres
India is a country having a long historical tradition of welcoming refugees from all over the world 27. India
has received a large number of refugees due to her unique geography, liberal democratic policy, and multi-
ethnic society28. India mostly plays host to refugees from its neighbouring countries who have either been
forced to leave their countries of origin due to internal or external conflict, political persecution, or human
rights infringements. Tamil refugees from Sri Lanka, Chakma people from Bangladesh, Tibetan refugees
from Tibet and China, and Rohingya refugees from Myanmar, Bhutanese, Afghanistan, Iran, and even
Sudan today comprise the bulk of India's refugee population 29. In 2019, only India was hosting around
41,000 mandate refugees and asylum seekers registered with UNHCR 30. The influx of refugees in India is
not only a recent spectacle. Refugees started flowing into India during the partition in 1947. The creation of
India and Pakistan in 1947 caused one of the world's most massive population displacements in history.
Nearly 8.5 million people migrated from India to Pakistan and 6.5 million from Pakistan to India31.
India is not a signatory of the UN Refugee Convention 1951 and its protocol of 1967. In India, there is no
specific national legislation concerning refugees32. India's refugee policy has governed by certain
administrative regulations. Refugees in India have been treated on an ad-hoc basis.
Refugees in India are categorised as mandate and non-mandate refugees. Those who're underneath the
protection of UNHCR have known as mandate refugees and those who are not underneath the safety of
UNHCR they referred to as non-mandate refugees. Refugees in India were accorded safety under three most
important categories. The first category comprises refugees who acquire full assistance from the government
of India. The 2nd class includes asylum seekers to whom UNHCR grants refugee fame. The 3rd class of
refugees is composed of those who have no longer been recognized with the aid of UNHCR or by means of
the Indian government and has included into local communities.

26
Retrieved on: https://www.republicworld.com/lifestyle/festivals/world-refugee-day-quotes.html
27
Retrieved on: NATIONAL LEGAL FRAMEWORK FOR THE PROTECTION OF REFUGEES
28
Retrieved on: Ragini Trakroo Zutshi, Refugee and the Law 57(Human Rights Law Network, New Delhi 2007)
29
Retrieved on: Arjun Nair, "National Refugee Law for India: Benefits and Road Blocks", (2007) ; https://journal.lexresearchhub.com/wp-
content/uploads/2020/08/vol1-issue4-52.pdf
30
Retrieved on: UNHRC, The UN Refugee Agency: Global focus, UNHRC operations worldwide, available at:
http://reporting.unhcr.org/node/10314
31
Retrieved on: Shuvro Prosun Sarkar, Refugee Law in India: The Road from Ambiguity to Protection 14 (Palgrave Macmillan, 2017)
32
Retrieved on: Ragini Trakroo Zutshi, Refugee and the Law 60 (Human Rights Law Network, New Delhi, 2007)
 Status of refugees in India:
Even though India has been the home for a massive range and kind of refugees at some point of the beyond,
India has dealt with the problems of ‘refugees’ on a bilateral foundation. India, as explained in the sooner
pages, has been observing a ‘refugee regime’ which normally conforms to the worldwide devices on the
challenge with out, but, giving a proper form to the practices adopted with the aid of it inside the form of a
separate statute. Refugees aren't any doubt ‘foreigners’. Even though there may be a case to differentiate
them from the rest of the ‘foreigners’, the modern position in India is that they're treated under the present
Indian laws, both standard and unique, which might be in any other case relevant to all foreigners. This is
due to the fact there's no separate law to address ‘refugees’. For the equal reason, instances for refugee
‘fame’ are considered on a case-by means of-case basis. UNHCR frequently performs a complementary role
to the efforts of the Government, specifically in regard to verification about the person’s history and the
general occasions prevailing inside the united states of America of starting place. That company also plays
an critical role inside the resettlement of refugees and so forth.

It may be restated for purposes of clarity and understanding that a refugee 33 is defined as one who is outside
the country of nationality (or even country of habitual residence) due to one of the five grounds, namely, a
well-founded fear of persecution on the basis of religion, race, nationality or membership of a political or
social group. In some countries, a person who flees his home country because of armed conflicts or wars or
other generalized violation of human rights and who may not be targeted on account of any of the five
grounds specified above, is excluded from the purview of the above definition of ‘refugee’. In many
countries a difference is sought to be made between persecution effected by State agents and the one
effected by non-state agents as may be the case in places where ‘rebel’ ‘terrorist’ and such other groups are
active. Under such circumstances it is only those who are affected by the action of the State agents who are
held to fulfill the definition of ‘refugee’ and not the latter.

One of the principal elements to satisfy a claim to refugee status is that the claimant must be ‘genuinely at
risk’. Various legal “tests” have developed which concern the standard of proof that is required to satisfy
what constitutes being genuinely at risk or having a genuine well founded fear of persecution. Some of these
tests have been articulated by courts in a number of countries 34. In the case of INS vs Cardoza
Fouseca35 interpretation of the “well founded fear” standard would indicate that “so long as an objective
situation is established by the evidence, it need not be shown that the situation will probably result in
persecution, but it is not enough that persecution is a reasonable possibility...” The above standard was
considered in R vs Secretary for the Home Department36 , the case of ex parte Sivakumaran. The

33
Retrieved on : Refugees In India: Legal Framework, Law Enforcement And Security;
http://www.worldlii.org/int/journals/ISILYBIHRL/2001/7.html#FootnoteB1
34
Ibid
35
Retrieved on:INS vs Cardoza Fouseca 467 US Supreme Court Case, 407 (1987)
36
Retrieved on: Refugees In India: Legal Framework, Law Enforcement And Security;
http://www.worldlii.org/int/journals/ISILYBIHRL/2001/7.html#FootnoteB1
judgement suggested that the ‘test’ should consider whether there is an evidence of a “real & substantial
danger of persecution”.

In the case of India, the selection as whether or not to treat a person or a group of persons as refugees or now
not is taken on the merits and situations of the instances coming earlier than it. The Government of India
(GOI) can be frequently visible as following a coverage of bilateralism in handling people in search of to be
refugees. For instance, Afghan refugees of Indian starting place and others, who entered India via Pakistan
with none tour files, were allowed entry via the Indo-Pakistan border until 1993. Most of the refugees had
entered India through the Attari border near Amritsar in Punjab. Subsequent to 1993, the Government altered
its policy of permitting Afghan refugees freely into India.

In the case of a large quantity of them (lots of them have been Afghan Sikhs and Afghan Hindus) who
needed to flee from Afghanistan underneath circumstances which fulfilled one or more of the grounds
special in advance for being treated as a ‘refugee’, the GOI did no longer officially treat them as refugees.
However, the UNHCR with the consent of the GOI, acknowledged them as refugees under its mandate and
is rendering assistance to them. In such instances, even though the local Government is kept in the picture,
the UNHCR turns into responsible to look after them in addition to ‘administer’ them and also to ensure that
such refugees do not in any way violate the code of behavior governing them.

In contrast, in 1989, when the Myanmar authorities began suppressing the pro-democracy movement in that
united states of America and about 3,000 nationals of that united states of america sought shelter in India,
the GOI declared that during accordance with properly familiar global norms defining refugee repute, no
genuine refugee from Myanmar might be turned back and in reality, they have been popular as refugees
through the GOI. Similar is the case of Sri Lankan Tamil refugees crossing the sea to enter the southern
Indian State of Tamil Nadu. The Government of India followed a particular refugee coverage regarding Sri
Lankan refugees and authorized them access regardless of the reality that the refugees did no longer have
tour files.
In cases wherein the Government of India recognises the claim of refugee status of a specific institution of
refugees, there is minimal interference if any, prompted to the refugees. This is the case even though there
may be no authentic declaration of any coverage of provide of refugee repute to that group. However, there
are times wherein refugees recognised with the aid of the Government of India and issued with legitimate
refugee identity files with the aid of the authorities, are later prosecuted for unlawful entry/over live. The
National Human Rights Commission had taken up efficiently the purpose of a number of Sri Lankan Tamil
refugees who were likewise prosecuted.

 Refugees and Indian legal framework:

Refugees encounter the Indian legal system on two counts. There are laws which regulate their entry into
and stay in India along with a host of related issues37. Once they are within the Indian Territory, they are
then liable to be subjected to the provisions of the Indian penal laws for various commissions and omissions
under a variety of circumstances, whether it is as a complainant or as an accused. These are various
constitutional and legal provisions with which refugees may be concerned under varying circumstances;

 Constitutional Provision:
Constitution of India are applicable to the refugees when they are in India. The most important Article is
Article 21 which deals with Right to Life and personal liberty, it applies to everyone irrespective of whether
they are a citizen of India. Many judgements have been given based on Article 21 on refugees. Article 14
guarantees the person right to equality before the law. Article 5, 6, 7, 8, 9, 10,11,12, 20, 22,25-28, 32, 226
also available for non-citizens of India including Refugees. The various High Courts in India have liberally
adopted the rules of natural justice to refugee issues, along with recognition of the United Nations High
Commissioner for Refugees (UNHCR) as playing an important role in the protection of refugees 38. The
Hon’ble High Court of Guwahati has in various judgements, recognised the refugee issue and permitted
refugees to approach the UNHCR for determination of their refugee status, while staying the deportation
orders issued by the district court or the administration.

In the matter of Gurunathan and others vs. Government of India 39 and others and in the matter of A.C.
Mohd. Siddique vs. Government of India and others40, the High Court of Madras expressed its
unwillingness to let any Sri Lankan refugees to be forced to return to Sri Lanka against their will. In the case
of P.Nedumaran vs. Union Of India 41  before the Madras High Court, Sri Lankan refugees had prayed for
a writ of mandamus directing the Union of India and the State of Tamil Nadu to permit UNHCR officials to
check the voluntariness of the refugees in going back to Sri Lanka, and to permit those refugees who did not
want to return to continue to stay in the camps in India. The Hon’ble Court was pleased to hold that ”since
the UNHCR was involved in ascertaining the voluntariness of the refugees’ return to Sri Lanka, hence being
a World Agency, it is not for the Court to consider whether the consent is voluntary or not.” Further, the
Court acknowledged the competence and impartiality of the representatives of UNHCR. The Bombay High
Court in the matter of Syed Ata Mohammadi vs. Union of India42 , was pleased to direct that “there is no
question of deporting the Iranian refugee to Iran, since he has been recognised as a refugee by the
UNHCR.” The Hon’ble Court further permitted the refugee to travel to whichever country he desired. Such

37
Retrieved on: Harshit Rai and Vaibhav Dwidevi, Constitutional provision regarding refugee law in India;
https://www.ijlmh.com/paper/constitutional-provision-regarding-refugee-law-in-india/
38
Retrieved on: https://www.unhcr.org/3d4aba564.pdf
39
Retrieved on: Gurunathan and others vs. Government of India WP No.S 6708 and 7916 of 1992; https://indiankanoon.org/doc/49393615/
40
Retrieved on: A.C. Mohd. Siddique vs. Government of India and others1998(47)DRJ(DB)p.74
41
Retrieved on: National Human Rights Commission of India
42
Retrieved on: Syed Ata Mohammadi vs. State, Criminal writ petition no.7504/1994 at the Bombay High Court
an order is in line with the internationally accepted principles of ‘non-refoulement’ of refugees to their
country of origin.

The Supreme Court of India has in a number of cases stayed deportation of refugees such as Maiwand’s
Trust of Afghan Human Freedom vs. State of Punjab43 ; and, N.D.Pancholi vs. State of Punjab &
Others44 . In the matter of Malavika Karlekar vs. Union of India45 , the Supreme Court directed stay of
deportation of the Andaman Island Burmese refugees, since “their claim for refugee status was pending
determination and a prima facie case is made out for grant of refugee status.” The Supreme Court judgement
in the Chakma refugee case clearly declared that no one shall be deprived of his or her life or liberty without
the due process of law. Earlier judgements of the Supreme Court in Luis De Raedt vs. Union of India46 and
also State of Arunachal Pradesh vs. Khudiram Chakma47, had also stressed the same point.

Treatment given to the Asylum people were divided into three heads-
• National Treatment • Treatment that is accorded to foreigners • Special Treatment
a) National Treatment: The national treatment to the asylum people is same as the citizens of India. There
are certain Articles in the Constitution of India, which takes care of the Fundamental Rights of all people in
India. The rights such as equal protection to law under article 14, religious freedom under article 25, the
right to life and personal liberty under article 21, right to social security and educational rights are
guaranteed in Part III of the Indian Constitution.
b) Treatment that is accorded to foreigners: – Under this head, there are rights which are related to the
housing problems, movements, etc. the rights which are provided under this treatment are: right to
employment or profession under article 17, freedom of residence and movement under article 26, right to
housing under article 21, right to form association under article 15 and right to property under article 13 of
the 1951 Refugee Convention.
c) Special treatment: – This treatment includes the identity and travel document under article 28, exemption
from penalties under article 3(1) of the 1951 Refugee Convention.In the case of Louis De Raedt vs. Union of
India , the court held that the fundamental rights to life, liberty, dignity are available to non-citizens of India.
In the case of Visakha vs. State of Rajasthan4 , the court has held that “International Conventions and norms
are significant for the purpose of interpretation of the guarantee of gender equality, right to work with
human dignity in Articles 14, 15 19(1)(g) and 21 of the Constitution and the safeguards against sexual
harassment implicit therein”.

 INDIA’S MEASURES FOR FULFILLING INTERNATIONAL OBLIGATIONS :

43
Retrieved on:Maiwand’s Trust of Afghan Human Freedom vs. State of Punjab,Crl. WP No.125 & 126 of 1986.
44
Retrieved on:N.D. Pancholi vs. State of Punjab & Others [WP (civil) No. 1294 of 1987, unreported)].
45
Retrieved on:Malavika Karlekar vs. Union of India, Crl. WP No.243 of 1988
46
 Retrieved on: Luis De Raedt vs. Union of India,  (1991) 3SCC 544
47
Retrieved on:State of Arunachal Pradesh vs. Khudiram Chakma, 1994 Supp. (1) SCC 615
India has taken numerous steps and measures to fulfill its international obligations in respect of refugees.
Some of the more important ones merit detailed mention.

1. Entry into India: The Government of India have observed a reasonably liberal coverage of granting
shelter to numerous organizations of refugees though a few businesses had been regarded and a few
other organizations have no longer been, frequently maintaining in view the security issues of the
kingdom. However, the emerging trend of beyond refugee reviews endure testimony to the fact that
entry into India for maximum refugee agencies is consistent with global concepts of safety and non-
refoulement. Further, such access is not determined by way of motives of faith or some other form of
discrimination. It can be talked about that India has granted shelter to Buddhist Tibetans, Hindus and
Christians of Sri Lanka, Hindus and Muslims from the then East Pakistan, Hindus, Muslims, Christians
and Buddhists from Bangladesh and Sikhs and Muslims from Afghanistan and many others.
2. Work Permits: There isn't any concept of work permits in India, although refugees who are granted
residence allows do discover employment inside the informal sector, without facing any objection from
the administration. In truth, Tibetan refugees had been granted loans and different facilities for self-
employment. Similarly, maximum Sri Lankan Tamils have been granted freedom of movement in the
camp regions, permitting work facilities for them as casual labour. Similarly, Chakma and Afghan
refugees have also been carrying out gainful, although it is in minor forms of employment.
3. Freedoms: Generally, refugees are allowed freedom concerning their movement, exercise of religion
and house. In case of refugees whose entry into India is both criminal or is sooner or later legalised,
there's constrained interference by means of the management regarding those basic freedoms. However,
the ones refugees who enter India illegally or overstay past permissible limits, have strict restrictions
imposed upon them according with the statutes governing refugees in India i.E., The Foreigners Act,
1946, Foreigners Order, Passport Act and so forth.
4. Handling Refugees Legally: From the moment of access of a refugee into the Indian territory, the legal
guidelines of India would follow to him/her. Therefore, enforcement and safety employees who have to
cope with refugees, cannot neglect the legal necessities which have to be adhered to by means of them.
In the following paragraphs an try has been made to identify a few common situations which may be
confronted through enforcement and security personnel in coping with refugees. An try has also been
made to signify possible publications of motion inside the criminal framework. The main motive of this
attempt is twofold. Firstly, it'll assist to recognition on the want for displaying due problem for human
rights. Secondly, it's also crucial to create focus about the unavoidable compulsions, which pressured
the person concerned to take shelter in the usa and the inherent and unmistakable poignant human
scenario within the complete episode. It is pertinent to don't forget that the situations and facts
pertaining to every refugee may be ordinary and unique from the rest. In such cases, consequently, it's
far extraordinarily essential to envision, recognize and admire the historical past of the compelling
instances of every of the instances in order that the law of the land may be applied in the maximum
 appropriate way. It is on this context that the prison provisions, instructions and hints, if any, issued by
way of capable courts as additionally the practical enjoy gained in dealing with such cases, could are
available handy. Keeping the above components in view, a number of the extra important conditions
relevant to safety employees are enumerated beneath. An strive has been made to highlight the extra
feasible alternatives which can be taken into consideration in coping with refugees. It is going without
announcing that these options ought to be exercised within the prison body-work of the united states.
5. At the Point of Entry: Refugees might also input India via land, air and/or sea. Depending upon the
point of access, they'll come into initial touch with immigration authorities at airports or sea-ports or
with the border guarding authorities at the border take a look at-posts. It is applicable to point out that
more often than no longer, a refugee could be with out legitimate travel files or valid identity documents
making his/her access into the usa ‘illegal’. Since India has no longer yet integrated the principle of
non-refoulement in its criminal statutes, the man or woman concerned could need to face the possibility
of being arrested and prosecuted as in line with the laws of the land. However, this should no longer be
held towards the proceeding refugee to debar access as a rely of direction. Therefore, the enterprise
which comes into touch with the refugee to start with, will should satisfy itself approximately the
bonafides of the proceeding refugee in preference to pre-emptorily refusing access. Under the occasions,
the ends of justice would be met if the individual searching for shelter does not have valid travel files, is
arrested and produced in a court of law for appropriate judicial movement. In the in the meantime, while
that person is below judicial detention, the safety enterprise will have opportunity to confirm his claims
and also to notify the worried in a position authority in authorities to take choice within the count
number. In such instances the assist of the UNHCR may also be sought in order that that organisation
could be in a role to assist speed up the system of verification and additionally to render suitable help in
finalising the legal procedure.
6. Lack of Medical Aid in Detention: While in detention the refugee may be suffering from a few bodily
disease requiring immediately medical interest. In the event that the detaining authority does not provide
the considered necessary scientific resource, the same may additionally result in devastating results. In
some instances courtroom’s instructions may be acquired and appropriate clinical attention and
treatment given to the refugee. Here once more, NGOs can play a very beneficial position. In the case of
a Palestinian refugee who become detained on the international airport in New Delhi consequent to a
deportation order pending against him, a writ petition was filed to obtain the Delhi High Court’s order
that the refugee be furnished at the least the simple necessities like food and hospital therapy.
Knowledge of such instances might assist security employees to foresee and where necessary, are trying
to find the assist of an enterprise just like the UNHCR or a neighborhood NGO to render necessary
assist to the refugee.
7. Detention of Women Refugees: Most courts are of the opinion that in instances where there has been
no grave breach of law via the accused female (refugee), she can be launched on bail pending trial. In
 the unique case of Marui, an Iraqi refugee who fled persecution from Iraq with her husband and
youngsters, the family become arrested in New Delhi. However, .Marui being a lady, became launched
on bail soon thereafter although her husband persevered to be in detention till much later. Even after this
sort of release, it's miles quite feasible that the girl may additionally find herself in some catch 22
situation having been all at once remoted overseas. In such precise cases, it'd make the venture of the
safety officials simpler if they liaised with the UNHCR or any nearby NGO to provide the a good deal
wished mental aid to the refugee lady. Also, in such instances wherein deportation orders are exceeded
by way of the courts, the UNHCR can help to rehabilitate the involved refugee in every other
sympathetic united states. Knowledge on the part of safety and enforcement officials of such available
options could help in perpetuating humanitarian attitude at the part of protection officials.

 Laws for refugees in India

India does not have specific legislation that is applicable to all the refugees in the country. Due to the lack of
such a statute, the judicial system is constrained, when dealing with refugees, to invoke laws that are
applicable to foreigners in general, such as the Foreigners Act, 194648. However, India does have
the Refugee and Asylum (Protection) Bill of 2009. The exception to this rule is the legislation that has
been passed regarding specific groups of refugees, like the Tibetans. Laws have also been enacted relating to
large scale refugee movements during the partition of India in 1947 and the partition of Pakistan in 1971.
These acts regulate the movement of refugees and address issues relating to their rehabilitation and the
award of compensation. The concept of “refugee law” in the Indian judicial system has evolved over a
period of time.
“There were certain legislation that was enacted following the partition of India and before the Indian
Constitution came into effects which are given below49:”

 East Punjab Evacuees (Administration of Property) Act, 1947

 UP Land Acquisition (Rehabilitation of Refugees) Act, 1948
 East Punjab Refugees (Registration of Land Claims) Act, 1948
 Mysore Administration of Evacuee Property (Emergency) Act, 1949
 Mysore Administration of Evacuee Property (Second Emergency) Act, 1949

Once the Constitution of India came into operation, the following acts were passed relating to refugees,
evacuees and displaced persons:

 Immigrants (Expulsion from Assam) Act, 1950

 Administration of Evacuee Property Act, 1950

48
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49
Ibid
  Evacuee Interest (Separation) Act, 1951
 Displaced Persons (Debts Adjustment) Act, 1951
 Influx from Pakistan (Control) Repelling Act, 1952
 Displaced Persons (Claims) Supplementary Act, 1954
 Displaced Persons (Compensation & Rehabilitation) Act, 1954
 Transfer of Evacuee Deposits Act, 1954
 Foreigners Law (Application & Amendment) Act, 1962
 Goa, Daman & Diu Administration of Evacuee Property Act, 1969
 Refugee Relief Taxes (Abolition) Act, 1973

“Article 51 states that the state shall endeavour to foster respect for international law and treaty
obligations in the dealings of organized people with one another. 50” “Article 51 of the Constitution is the
Directive Principles of State Policy demonstrating the spirit in which India approaches her international
relations and obligations.”

Article 253 of the Indian Constitution states that “Parliament has the power to make any law for the whole
or any part of the territory of India for implementing any treaty, agreement, or convention with any country
or countries or any decision made at any international conference, association or other body.” Further Entry
14 of the Union List of the seventh schedule states that “Entering into treaties and agreements with foreign
countries and implementing of treaties, agreements and conventions with foreign countries. Article 253 read
with Entry 14 makes it clear that the power conferred by Parliament to enter into treaties carries the right to
encroach on the state list to enable the union to implement a treaty with it. Therefore, any law made in
accordance with this Article that gives effect to an international convention shall not be invalidated on the
ground that it contains provisions relating to the state subjects.

Congress MP Shashi Tharoor in the year 2015 introduced the Asylum Bill, 2015 which aimed to provide a
legal basis to the issue of asylum in India. The bill is still pending and is yet to be taken up by the
parliamentarians for consideration and evaluation:

 A BILL to provide for the establishment of an effective system to protect refugees and asylum seekers
by means of an appropriate legal framework to determine claims for asylum and to provide for the rights
and obligations flowing from such status and matters connected therewith;
 WHEREAS, the Constitution of India requires all persons to be treated in a fair and just manner
consistent with the guarantees of equality, fairness and due process of law; AND WHEREAS, the
Supreme Court and the High Courts in India have extended the protection of certain fundamental rights
to refugees and asylum-seekers;

50
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 AND WHEREAS, India has acceded to all major international human rights instruments and
demonstrated its commitment to international law and human rights norms including the right to seek
asylum and the principle of non-refoulement;
 AND WHEREAS, India has a long tradition and experience of providing humanitarian assistance and
protection to refugees and asylum-seekers

In December 2019, the Indian Parliament passed the Citizenship (Amendment) Act 201951. The Act
amended the law to fast-track citizenship for religious minorities, specifically Hindus, Sikhs, Buddhists,
Jains, Parsis and Christians, from Afghanistan, Bangladesh and Pakistan who entered India prior to 2015.
However, the Act does not extend to Muslim minorities, for example: the Ahmadiyya from Pakistan; the
Rohingya from Myanmar; and the Tamil from Sri Lanka.

How does India manage refugee populations in the absence of a law?

The home ministry has created “standard operating procedures” for various groups seeking refuge in India.
The rights and facilities afforded to them remained erratic, decided on a case to case basis.

Refugees from some groups have been given land, granted Aadhaar and PAN cards, allowed to open bank
accounts, and work in the country. Tibetans were even all Since 2015, Pakistani and Afghan nationals
belonging to the six identified minority communities staying in the country on a long term visa have been
able to get driving licenses, access education and healthcare facilities, buy “small dwelling unit for self-
occupation or self-employment”.

Others groups, however, remained huddled in miserable camps, dependent on the good offices of the United
Nations or the charity of non-governmental organizations. It is evident that some refugees are more welcome
than others.

For instance, thousands of Rohingya live in Delhi, Haryana, Jammu, Jaipur and Chennai, but only about 500
have been granted long-term visas. Never mind owning land, the Rohingya cannot even legally get SIM
cards for cell phones. In 2017, the government announced it would deport Rohingyas, considered a “terror
threat” to the country. It pursued this policy in 2018, even as thousands of Rohingya fled a fresh bout of
violence in Myanmar.

Indeed, the only Muslim minority that seems to have attracted the Centre’s sympathy are Baloch separatists
fighting a battle for self-determination in Pakistan. In 2016, as Pakistan came out in support of pro-freedom

51
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%20Indian,entered%20India%20prior%20to%202015.
protests in Kashmir, the Modi government announced its decision to give asylum to Baloch leader,
Brahumdagh Bugti.

In Kashmir, West Pakistani refugees, mostly Hindu migrants who had lived without full citizenship rights
for decades, were given identity certificates recently. They were also promised a package of Rs 2,000 crore.
The Bharatiya Janata Party government has promised them voting rights in the state assembly, which has
been denied to them so far.

 Judicial Preview:
Judiciary plays a vital role in protecting refugees, many cases gave landmark judgements regarding refugees.
The judiciary has made it easy with the concepts of Social Action Litigation and Public Interest Litigation.
When any of the refugees are detained or arrested by the Indian authorities, there would always be a danger
of refoulment, repatriate or deportation. Those refugees who are arrested for the illegal stay can be detained
illegally under administrative order without charges. The Foreigners Act vests an absolute and unfettered
discretion in the Central Government to expel foreigners from India. The Supreme Court of India in Hans
Muller of Nuremburg vs. Superintendent52, Presidency gave “absolute and unfettered” power to the
Government to throw out foreigners. The said judgment was again upheld by the Supreme Court in Louis
De Raedt & Ors. vs. Union of India53. In the same judgment, Supreme Court also held that foreigners have
the right to be heard.
In the judgment of Ktaer Abbas Habib Al Qutaifi vs. Union of India 54 the High Court of Gujarat held that
the principle of non-refoulment avoids ejection of a displaced person where his life or freedom would be
undermined by virtue of his race, religion, nationality, enrolment of a specific social gathering or political
conclusion. Its application ensures life and freedom of a person irrespectively of his nationality.
Non-refouleent and Right to refugee Status: In Malavika Karelkar vs. Union of India 55, the deportation
order issued against 21 Burmese refugees were stayed by the SC and allowed them to seek refugee status
under UNHCR.

52
Retrieved on: Hans Muller of Nuremburg vs. Superintendent 1955 AIR 367, 1955 SCR (1)1284
53
Retrieved on:Louis De Raedt & Ors. vs. Union of IndiaWrit Petition (Civil) No. 1372 of 1987
54
Retrieved on:Ktaer Abbas Habib Al Qutaifi vs. Union of India 1999 CriLJ 919.
55
Retrieved on: Malavika Karelkar vs. Union of India Writ Petition (Criminal No) 583 of 1992
 CHAPTER 5: PROBLEMS FACED BY REFUGEES IN INDIA
Various countries protect their refugees by enacting refugee legislation based on international recognized
principle. The countries that have signed the convention have a procedure for identifying the refugees and
addressing them protection issue. Although India has not signed the convention but are providing protection
to the refugees. “However, consistency in the procedure for determining refugees is still lacking.” Since
India has no uniform code for determining refugee status, there is no central body that deals with the
refugees. After so many years also, there are various gaps that exist in the mechanism for dealing with
refugees’ policy. This is because the government has not enacted a law for refugees. Due to the several
problems faced by the refugees and no proper legislation has not been passed the legal status of the refugees
is miserable.

 Problems Rohingyas are Facing in India

1. There are reported complaints open drains, unsanitary surroundings and slum-like conditions in the
Rohingya camps across India
2. Few children have been dead due to pneumonia, during the winter winds.
3. Snakes make a regular appearance during rains, as so do outbreak of dengue, diarrhoea and other
diseases.
4. Some women refugees have reported instances of harassment.
5. The deporting announcements by Union government also made the community anxious.

 Steps taken by the Indian Government against Refugees Laws in India

The Indian government had undertaken a brutal deportation process of many poor and illiterate Bengali
speaking Indians, whom they presumed were Bangladeshis. Members of one family were forcibly separated,
jailed without notices, denied legal aid, handcuffed to train compartments and deported to Bangladesh. In
1999, in one of the first cases of its kind, upon our intervention the Bombay High Court temporarily
restrained the deportation of Iraqi nationals and the court allowed the UNHCR to meet with persons
claiming asylum until their applications for asylum were decided upon. In 2004, following the arrest of a
number Burmese protestors, our lawyers represented them and secured their release. In yet another case
where two Burmese students had fled from Myanmar and were at risk of being deported from India, the
court recognized and established a non-citizen’s right to life and the right not to be deported when fearing
persecution in their country. The petitioners were finally allowed to go to Sweden with the help of the
UNHCR56.

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Landmark Judgment: “BA Aung v. Union of India57”
The court decided that where refugees have been granted resettlement by UNHCR then this will takes
precedence. In this case refugees were detained and were due to be deported under the Foreigners Act 1946,
even though they had been granted resettlement in Sweden.
The court took the view that the continuing detention of the asylum seekers was unlawful and an affront to
their personal liberty. It stated that since the State Government had not provided good reason for their
continued detention, the State Government should release them. The State authorities were therefore ordered
to release the petitioners from detention. As a result, the petitioners were released from custody, and were
allowed to travel to Sweden.
The court decided that where refugees have been granted resettlement by UNHCR then this will takes
precedence. In this case refugees were detained and were due to be deported under the Foreigners Act 1946,
even though they had been granted resettlement in Sweden.
In cases where the Government of India recognizes the claim of refugee status of a particular group of
refugees, there is minimal interference if any, caused to the refugees. This is the case even though there may
be no official declaration of any policy of grant of refugee status to that group. However, there are instances
where refugees recognised by the Government of India and issued with valid refugee identity documents by
the government, are later prosecuted for illegal entry/over stay. The National Human Rights Commission
had taken up successfully the cause of a number of Sri Lankan Tamil refugees who had been likewise
prosecute

 Initiative on Rohingya Refugees

Rohingya community is called the most persecuted minority in the world today for a reason.  They are
Muslim minority group from Rakhine state in Burma. Human rights abuses in Rakhine state remained a
severely troubling counterpoint to the broader trend of progress since 2011, including the 2012 release of
political prisoners, efforts to improve prison conditions, and continuing negotiations to pursue a durable
ceasefire. The Burmese Government has refused and denied to recognize and provide protection to
Rohingyas. The discriminatory citizenship law of 1982 has declared them officially as “non-national” or
“foreign residents”. Due to discrimination, the Rohingyas have become landless and homeless. Today the
Rohingyas are living in sub-human condition with uncertain future. As a result of political, socio-economic
and cultural discriminations, ethnic cleansing operations and large scale persecution unprecedented refugee
influxes have occurred into Bangladesh or to any land that would spare their lives and in the neighboring
countries including India to beg for protection and humanitarian support.  
For those who have intruded India, many of them may have escaped the ultimate clutches of death but their
living conditions have touched the new lows. In many parts of India in Jammu, Hyderabad, Delhi, Western

57
Ibid
Uttar Pradesh, Haryana and other locations, they have settled in small clutters in makeshift set up that
freezes in winters, melts in summer and sinks at slightest shower of monsoon. They have no or little access
to basic need for a living, healthcare and not to mention of hygiene and sanitation. Their children have either
never attended or have lesser access to schools. The local population remains oblivious to their background,
situation, fears and needs

 UNHCR AND NHRC IN INDIA

UNHCR in India is participating very actively as the number of cases regarding refugees is increasing day
by day. If some refugee goes back to his country after being a refugee in India, UNHCR watches if the
person is going back voluntarily. It performs the function of determination of refugee along with providing
resources to them. UNHCR got involved since the issue of Tibetan refugees and the Bangladesh crisis in
1971. The Delhi office of the UNHCR works to help refugees become self-sufficient with assistance and
income-generating activates with the help of NGO’s. The main role of UNHCR in India is to make sure that
the refugees are not forced to go back to their country from which they have fled until the issue rests in their
country. NHRC i.e., National Human Rights Commission in 1994, gave directions to Tamil Nadu
Government to provide medical help to Sri Lankan refugees. In 1995, it filed a PIL on Arunachal Pradesh
Government regarding the government not supporting Chakmas, and got the decision of the court ordering
the government to provide necessary help to the group. It gets involved in all the refugee issues in India and
provides some or the other help required.
 CHAPTER 6 CURRENT SCENARIO OF REFUGEES IN INDIA
 Notable observation:
India has a long tradition of playing a host to a large number of refugees. India is a reliable partner,
guaranteeing that people who need help will find a place and safety. UNHCR has worked since 1981 for
the protection of refugees and asylum-seekers in India. In support of the efforts by the Government of
India, UNHCR works with the Ministry of Home Affairs, Ministry of External Affairs, NITI Aayog,
United Nations Country Team, and its NGO partners based across 11 states of India.

Recently, due to violence and instability in neighbouring countries, there has been a rise in asylum-
seekers approaching UNHCR India for registration and assistance.

UNHCR India spent over USD 14.2 million to cover the humanitarian needs of vulnerable individuals in
2021. This support was provided to vulnerable refugees and host communities in different forms, through
monthly basic needs, cash assistance, COVID-19 emergency assistance, food, and other core relief items.
The second wave of COVID-19 had an impact on all of us, leaving us with painful memories of suffering
and struggle. However, it will also be remembered for the spirit of solidarity and resilience displayed by
refugee and host communities. Refugees and fellow Indians worked together to support each other; from
transporting patients to hospitals to performing last rites, feeding vulnerable families, and coordinating life-
saving assistance for oxygen cylinders, beds, medication, and vaccine access. Such acts of kindness and
solidarity keep us believing in humanity and the spirit of “Vasudhaiva Kutumbakam.”
In 2022, recovery and resilience will continue to be our top priority, and it will be delightful to see more
refugees than ever before contributing to their host communities.
In light of this, I am pleased to share this document which provides an overview of some of the United
Nations High Commissioner for Refugees (UNHCR) accomplishments in India, which are invariably the
accomplishments of India and its people and everyone who was part of the refugee response in the country.
 The conflicting views:
India has so far dealt with situations of mass influx without a refugee law but with a continuously enlarging
population of refugees and asylum seekers, a large section of who may not be repatriated in the near future,
a uniform law would allow the government to maintain its huge non-citizen population with more
accountability and order, apart from allowing them to enjoy uniform rights and privileges. A regional treaty
can be beneficial in improving ties with its neighbours, but, India will be better placed by having its own law
owing to the large number of different communities that it hosts, and the unstable relations that it shares
with several of its neighbours.

Refugee Influx poses many challenges to India’s internal security. This include,

1. Social consequences of permitting refugees:

Refugees might create an identity crisis with the indigenous people. For example, Bangladeshi refugees in
Assam and Arunachal threaten to overtake the indigenous population of the region.
Difficult to identify and deport them back to their country after a few years. For example, the Rohingya
refugees entered through the North-East. But later they spread to all other states.
2. Economic consequence of permitting refugees:
Increased financial responsibility of the state. According to the UNHCR report in 2014, there were more
than 200,000 refugees in India. India at present does not have the financial capacity to satisfy all their basic
needs.
Decreases domestic wage level and replaces the native people. Since illegal immigrants and refugees require
food and shelter, they also work at very low wages in their settling areas. 
3. Political consequence of permitting refugees:
Issue of terrorism: These refugees, since not accepted by governments, are vulnerable to join terror outfits
for work and revenue.
 CHAPTER 7 A CRITICAL ANALYSIS ON SOCIO FARBRIC
Over 1% of the world’s population is displaced from their homes today. It is essential to ensure that these
people are provided with immense care and protection from further threats. This requires cooperation
between the international bodies and all the countries.

India being home to a large number of refugees cannot ensure the proper support and protect their rights in
the absence of a specific statute. In order to ensure a uniform and fair procedure while dealing with refugees,
the government must enact a specific non-discriminatory law for the refugees. It is also important that the
country gives these refugees a legal status and does not treat them under the ambit of “foreigners” or “illegal
immigrants”.

Northeast India, which is largely inhabited by refugees from neighbouring countries for a long time, requires
proper implementation of refugee policies and special focus by the government. Also, the denial of asylum
to refugees in need is not a solution to the huge influx caused over the years and cannot be the reason to
endanger their life or freedom.

 Suggestion and recommendation:

Need for a law
1. A domestic law is wanted in India to ensure that all refugees are given easy safety. With out that,
refugee rights aren't rights inside the actual experience, they'll be definitely privileges on the fingers of
the control.
2. A home regulation ought to additionally define refugees to consist of “internally displaced people” due
to
3. natural calamities, terrorist sports. As an instance, the Kashmiris had been compelled to escape Kashmir
due to the militant sports.
4. Housing and employment can be ensured to refugees to be able to become self maintaining.
5. A range of civil society businesses should paintings in collaboration with the govt.. Under this act to
decorate their residing conditions.
6. A home regulation will overrule all the prevailing acts just like the passport act and the foreigner act
and will lessen the struggling of refugees by way of way of specially handling their problems.
7. A domestic rules will make the way of granting refugee reputation easy, honest and obvious. It'll
moreover name for greater obligation and tests at the power of the officials. It'll abolish discrimination
which currently exists amongst refugees of various nationalities.
8. Unique provisions ensuring safety to ladies and youngsters ought to be made due to the fact inside the
indian society, crimes closer to women (rape) and youngsters (child trafficking) is at its height. This
may also be in consonance with India's obligations underneath cedaw and uncrc.
9. A specific municipal legislation for refugees is required.
10. A precise definition for refugees is required.
11. Refugees should be distinguished from the term “Foreigner” and “Aliens”.
12. Well established guidelines should be established about the remedial measures for refugees.
13. The legislation may try to adopt some key principles of the 1951 UN Refugee Convention

 Conclusion
Every individual is entitled to lead a dignified and peaceful life; no person should be left with a condition of
statelessness. It is the duty of each and every nation to ensure the above rights to every individual across the
world. In the case of refugees the above rights are not assured to them in all the cases. India, though is not
the signatory member to the 1951 Refugee Convention is an active supporter to the refugees who seek the
assistance of India, but the recognition of refugees under the definitions of “Foreigners” and “Aliens” leads
to certain absurdity in certain cases.
It can be easily seen from the foregoing paragraphs that India notwithstanding its own security concerns,
particularly in the last couple of decades, and pressure of population and the attendant economic factors,
continues to take a humanitarian view of the problem of refugees. Even though the country has not enacted a
special law to govern ‘refugees’, it has not proved to be a serious handicap in coping satisfactorily with the
enormous refugee problems besetting the country. The spirit and contents of the UN and International
Conventions on the subject have been, by and large, honored through executive as well as judicial
intervention. By this means, the country has evolved a practical balance between human and humanitarian
obligations on the one hand and security and national interest on the other. It is in balancing these interests,
which may sometimes appear to be competing with each other, that the security and law enforcement
agencies face day-to-day challenges. If and when a separate ‘Refugee Law’ for the country is enacted, it is
important that this aspect is given due consideration. It is important that security and enforcement officials
do not overlook both the legal as well as the underlying human angles inherent in the ‘refugee’ situation,
especially the latter.
 BIBLIOGRAPHY:
 Books:
 Public international law, Dr.S.K Kapoor , Central Law Agency, 22nd Edition, Published on 2021
 Public international law, Dr. Jyoti Rattan & Dr. Vijay Rattan, 6th Edition, Published on 2021
 Far from home (Refugee and Migrants feeling war persecution and poverty, Cath Senker
 The Ungrateful Refugee: What Immigrants Never Tell You by Dina Nayer

 Journals:
 Taylor and Francis, journal of immigrants and refugee studies, Volume 3, Issue 3
 Issue of refuge in India, explained and point wise, published on. 31 march, 2021
 Asylum applications and refugee in India
 Refugee crisis in India

 Articles:
 Ipsita Chakarvarty & Vijayta lalwani, No law for refugees in India – and the Citizenship Bill does not fill the
gap, Published on . Dec 09, 2019
 Nikita Vadrevu, Human rights of refugee and refugee laws in India and Globally
 Drishti IAS, India’s refugees policy, Published on: 10 April, 2021
 Pooja, Faculty of Law, DU, Indian refugee policy
 Gaps in India’s Treatment of Refugees and Vulnerable Internal Migrants Are Exposed by the Pandemic

 Newspaper & Blogs :

 Radhika Nair, Refugee protection in India calls for adoption of a specific law, updated on. 27 Oct,
2021
 Passage to India: Arrival of economic refugees from Sri Lanka looms large, updated on. April 22,2022
 An Indian stuck in Taliban’s Afghanistan: Why New Delhi needs to have a proper refugee policy, May 12,
2022
 Refugee Problem in India - Explained, Pointwise (forumias.com)
 https://www.bing.com/search?q=blig+on+refugee&qs=n&form=QBRE&sp=-
1&pq=blig+on+refugee&sc=0-15&sk=&cvid=3E3E56D90E984C318303675E463D7D36#
 What is the legal status of refugee in India https://www.bing.com/search?
q=blig+on+refugee&qs=n&form=QBRE&sp=-1&pq=blig+on+refugee&sc=0-
15&sk=&cvid=3E3E56D90E984C318303675E463D7D36#

 Websites:
 Refugees In India: Legal Framework, Law Enforcement And Security - [2001] ISILYBIHRL 7
(worldlii.org)
 Who are the Rohingya? | Rohingya | Al Jazeera
 UNHCR - New York Declaration for Refugees and Migrants
 Article: Gaps in India’s Treatment of Refugees a.. | migrationpolicy.org
 Refugee crisis In India Essay - AspireIAS
 Issue of Refugees in India - Explained, Pointwise -ForumIAS Blog
 https://www.probono-india.in/research-paper-detail.php?id=26