20 JUNE

WORLD
REFUGEE
DAY 2023

THEME -HOPE AWAY FROM HOME

How are Refugees Protected in India?
India ensures that refugees have access to protection services at
par with those provided to fellow guests in India.

Refugees who have been officially registered by the government

are entitled to Aadhaar and PAN cards, enabling them to
participate in national welfare programs and make a meaningful
contribution to the Indian economy.

Refugees who are registered with United Nations High

Commissioner for Refugees (UNHCR), such as refugees from
Afghanistan, Myanmar, and other nations, do not have official
documents, although they have access to limited protection and
aid services.

Thus, they are unable to open bank accounts and

don’t get benefit from all government welfare
schemes, and are inadvertently left behind.
WORLD
REFUGEE
DAY 2023
Current Legislative Framework
Regarding Refugees

Constitution of India: Article 21 encompasses the right of non-

refoulement which states that a person fleeing persecution from their
own country should not be forced to return to that country.

Constitution of India: Articles 22(1), 22(2), and 25(1) reflect that the
principles of natural justice in common law systems apply equally to
refugees, i.e., that neither a citizen nor an alien may be deprived of
their life, liberty, or property without a court order.

WORLD
REFUGEE
DAY 2023
Registration of Foreigners Act, 1939: All foreign nationals (with the
exception of Indian residents living abroad) entering India on a
long-term visa (with a duration of more than 180 days) are
expected to register with a Registration Officer within 14 days of their
arrival in India

Foreigners Act, 1946: Under Section 3, the Central government is

empowered to detect, detain and deport illegal foreign nationals.

Passport (Entry into India) Act, 1920: Under Section 5, authorities

can remove an illegal foreigner by force under Article 258(1) of the
Constitution of India.

Citizenship Amendment Act, 2019 (CAA): It seeks to provide

citizenship to Hindu, Christian, Jain, Parsi, Sikh, and Buddhist
immigrants persecuted in Bangladesh, Pakistan, and Afghanistan.

WORLD
REFUGEE
DAY 2023
India’s Refugee Policy
India may not have a dedicated refugee policy; however, it does have
mechanisms in place to deal with refugee-related matters through
legal and administrative channels, as evidenced by court judgments
and engagement with International organizations

India is not a signatory to the 1951 Refugee Convention and its 1967
Protocol but is a signatory to various UN and World Conventions on
human rights and refugee issues.

India’s obligations towards refugees arise from its membership in

the executive committee of the High Commissioner’s Programme
(ExComm), a body which approves and supervises the programs
of the UNHCR.

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REFUGEE
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India also voted for the UN Declaration on Territorial Asylum (1967)
and the New York Declaration for Refugees and Migrants (2018).

The Supreme Court in the National Human Rights Commission vs.

State of Arunachal Pradesh and Ors. (MANU/SC/1047/1996) held
that “while all rights are available to citizens, persons including
foreign citizens are entitled to the right to equality and the right to
life, among others.”

The Foreigners Act, of 1946, adds to the problems faced by

refugees as it gives unbridled power to the Central government to
deport any foreign citizen.

WORLD
REFUGEE
DAY 2023
Status of Refugees in India
Since its independence, India has accepted various groups of
refugees from neighbouring countries, including:

Partition refugees from Pakistan in 1947

Tibetan refugees that arrived in 1959

Chakma and Hajong from present day Bangladesh in 1960s

Sri Lankan Tamil refugees from the 1980s

Rohingya refugees from Myanmar, 2022

WORLD
REFUGEE
DAY 2023