INDIA’S INTERNATIONAL MOVEMENT TO UNITE

NATIONS

STUDY GUIDE

COMMITTEE: LOK SABHA

AGENDA: DEALING WITH THE ISSUE OF REFUGEES
AND INTERNALLY DISPLACED PERSONS IN THE
COUNTRY
 MANDATE

The Lok Sabha is the Lower House of the Indian Parliament, often called the House of the
People. The Lok Sabha is a primary contributor to the passing of laws and overseeing the
work of the government. The best interests of the entire country are ensured with the ethnic,
religious and economic diversity of the elected members.

The Lok Sabha, through its current elected strength of 543 members, oversees government
duties and expenditures and represents the wishes of the people of the constituency.
Each term of the Lok Sabha lasts 5 years unless dissolved earlier. The Lok Sabha will act
upon matters of defence, finance, civil rights, and more. The speaker of the Lok Sabha, as of
2023, is Shri Om Birla of the Bharatiya Janata Party, the currently ruling party in the Lok
Sabha. The leader of the house is the incumbent Prime Minister, Shri Narendra Modi.

INTRODUCTION

Refugees and IDPs in India

The term refugee pertains to people who have fled war, violence, conflict, or persecution and
have crossed an international border to find safety in another country. On the other hand,
people forcibly displaced from their homes who do not cross the national borders are referred
to as internally displaced persons. Refugees are defined and protected in international law,
whereas the term 'internally displaced person' is purely descriptive and does not have a
defined status in international law with rights specific to their situation.

India records some of the highest numbers of internal displacement in the world, a result of
the nation's frequent exposure to shocks and disasters. Since a lot of these disaster-prone
places house socio-economically vulnerable communities, the scale of the displacement is
steeper. India has also been home to refugees for centuries, with many persecuted
communities from neighbouring countries as well as distant nations, finding respite on Indian
soil. India has invariably been a receiving country for refugee groups, however, even with a
large influx of people with varying cultural backgrounds and socio-economic needs, an
adequate legal framework for refugee protection has not been put into place.
Causes for Internal Displacement
Although India has produced few refugees, war, conflict, disaster, and human rights
infractions have all contributed to a significant level of internal displacement in India. Due to
the volatile nature of India’s political sensitivities, a lack of a central authority and the size of
unmonitored populations, it is impossible to accurately estimate the true amount of internally
displaced persons in India. There are many causes for this scale of displacement, namely:
● Political tension, notably, secessionist1 movements, prominently in north-east India
with the Naga movement and the Assam movement. The retaliation from the
government and independent forces against the National Socialist Council of
Nagaland and the United Liberation Front of Assam continue to bring into being a
steady flow of IDPs. In another case, Kashmir’s longstanding tension between state
forces and militants, the killing of Kashmiri Pandits and the continuous violation of
fundamental rights, with sporadic massacres of certain groups, there is a very large
displacement of Kashmiri populations to nearby states and camps to escape the dire
conditions.
● Similarly, autonomy movements like those occurring in Bodoland and Gorkhaland
have caused a lot of non-members of those communities to flee the area. As a means
to gain autonomy as a state separate from Assam, some Bodo extremist groups have
taken to persecute and plunder non-Bodo communities, causing a very large number
to flee. Similarly, in Gorkhaland, West Bengal, violence and tension between the
Gorkha communities seeking autonomy and retaliatory forces, people from the
impacted regions seek asylum in unaffected states.
● Localized violence that arises as a result of caste disputes, religious fundamentalism,
and aggressive denial of residency and employment rights to non-indigenous groups
by supporters of the ‘son-of-the-soil policy,’2 all lead to oppressed communities
fleeing their home states.
● India has unendurably invested in industrial projects; dams, roads, mines, power
plants and new cities which have been made possible only through massive
acquisition of land and subsequent displacement of people. 21.3 million
development-induced IDPs include those displaced by dams (16.4 million), and mines

1
People who want their region or group to become separate from the country or larger group to which belongs.
2
The Son of the Soil doctrine refers to the ideology that people who have deep roots in a region or community
have a claim over the resources of that region.
 (2.55 million), industrial development (1.25 million) and the construction of wildlife
sanctuaries and national parks (0.6 million).
Dams have always generated controversy in India, as they are notorious for being a
major source of displacement-related conflict. Over 21,000 families were ousted when
the Pong Dam was constructed nearly 25 years ago, and they have still not received
the benefit of any adequate rehabilitation. Due to the fact that development projects
are usually based in remote villages, hills, and forests, those displaced are frequently
vulnerable to loss and sometimes indigenous groups are partial to conservation. In
most cases, total displacement with loss of home and livelihood has resulted, due to
the exacerbated impact on the poor, threatening them with even greater
impoverishment.
Additionally, The government has taken the firm stand that rehabilitation would not
be a consideration when acquiring land for ‘public purposes’. The government has
even sought to take away the right of appeal by those whose land stands to be
confiscated by making the Supreme Court the only appellate forum.
● Finally, massive and recurrent displacement and the hands of extreme inundation,
cyclones, or landslides is frequent in India. Natural disaster-induced displacement
accounts for over 30 million people forced to relocate annually. Government flood
control measures mainly consist of dams and embankments, however, all these have
failed to control floods, and dams are now considered a major cause of floods while
embankments have disrupted natural drainage systems, let alone their individual
contribution to the creation of IDPs.

Refugees in India
Since its independence, India has accepted varying groups into its borders, with the largest
populations being Partition refugees from Pakistan, Tibetan refugees, Bangladeshi refugees –
notably the Chakma and Hajong people – Sri Lankan Tamil refugees, and Rohingya people
from Myanmar.
 HISTORY

Partition
Refugees crossing over during the partition were the largest number of people crossing
national borders in one large exodus. Refugee camps served as the primary habitat for those
forcibly divided between the two newly formed nations. The 1948 war with Pakistan saw the
influx of a very large number of refugees in North-Indian states, particularly Delhi. The
number of new inhabitants was so large that an entire city, Faridabad, had to be constructed to
house those seeking asylum. The scale of the crisis was extremely large and the relatively
new government of India wasn't able to accommodate these communities, meaning that the
conditions in these camps were dismal and very squalid. Through the aid of freedom fighters
and social reformers, the rehabilitation of the Partition refugees could be carried out with
varying success.
A decade after Partition, the Dalai Lama with over 1 lakh followers made their way into India
seeking political asylum after China's crackdown on religious freedom. China-India relations
were greatly impacted and the border issues between the two countries eventually escalated
into a war, catalysed by India's decision to accept Tibetan refugees.
The Tibetan communities settled in the north and north-eastern regions of India, and the Dalai
Lama was well-established as a political and religious leader in Himachal Pradesh. The area
still serves as a stronghold for Tibetan folk.

The Bangladeshi War for Independence

The next major crisis occurred during Bangladesh's war for independence in 1971. Unlike
Tibetan refugees, a majority of the people migrating during the conflict between Pakistan and
Bangladesh were illegal immigrants, leading to them being viewed as a security threat,
contrary to the reigning opinion of the 'peaceful Tibetan people'. The states bordering
Bangladesh had a sudden spike in Bangladeshi population and due to the unsustainable
population growth, food, and health security were not ensured by governing bodies. Assam,
Tripura, and Manipur see the greatest conflict, even today, regarding Bangladeshi immigrants
and the tension is often violent. The extreme numbers of refugees meant that the population
in those states morphed into Bangladeshi people becoming a majority group, a point of
contention that is still put about as a political argument.

The Sri Lankan refugees

The Black July riots of 1983 and the Sri Lankan civil war were all points in time that led to
an ingress of Tamil Sri Lankan populations. These violent conflicts, paired with continuous
discriminatory policies implemented by Sri Lankan governments led to the creation of a
settlement of over 10 lakh Sri Lankan Tamils in Tamil Nadu. More than a hundred camps
were created to temporarily house these refugees, however, a very large number of Sri
Lankan Tamils still live in these areas.

The Soviet Invasion of Afghan

The Soviet invasion of Afghanistan in 1979 led to sporadic migrations of Afghan refugees to
India. Since this event didn't catalyse a mass exodus, these communities have largely been
able to establish spaces from themselves in and around north India. An estimated 2 lakh
Afghan refugees reside in Indian territory, from which many have been granted Indian
citizenship in the past decade.

The Rohingya Exodus

The persecution of the Rohingya has been constant for at least 50 years by Buddhist
nationalists and the government. However, the recent exodus of the Rohingya to India
occurred in late 2016, catalysed by the attacks on over 30 police posts, attributed to a
Rohingya insurgent group, Arakan Rohingya Salvation Army (ARSA). As anti-refugee
outlooks became more popular, a crackdown on the Rohingya population occurred. The
Indian government detained around 160 Rohingya in prisons, over an alleged lack of required
documentation. Even if refugees were granted identity cards by the UNHCR, Indian police
detained and deported a number of refugees back to Myanmar.

The Displacement of the Chakmas and Hajongs

The Chakma and Hakong communities, residing in Arunachal Pradesh for over 5 decades, are
primarily refugees from Bangladesh, fleeing due to religious persecution as well as forced
displacement after the development of the Kaptai Dam in Bangladesh from 1964 to 1969.
While the refugees were granted citizenship rights in 2015, and were granted voting rights in
2004, they have historically struggled to acculturate to India, largely due to pushback from
local people protesting for their ejection.

CURRENT SCENARIO

Challenges faced by IDPs and Refugees

Xenophobia and bigotry are commonplace for many refugee communities in India, facing
mistreatment by the local residents as well as official national bodies, often persecuted.
The argument for 'The Son of the Soil' is recurrent, and leads to the misallocation of many
basic amenities in states that house refugee camps. The deprivation of their basic amenities
goes hand-in-hand with very low wages and workplace entrapment, with a number of
immigrant families being caught in generational debt.
Due to India's lack of specific legislation for refugees and an ambiguity as to the definition of
refugees in the nation, insecurity, and risk of deportation is prevailing in refugee communities
that aren't very well-established, most notably the recent Rohingya Muslims.
It is important to note that any provisions made for refugees are often discriminatory and
exclude certain religious minorities, like Islam. This may explain the fervent rebuff of the
Rohingya Muslims by the state.

Due to a similar absence of a national policy for IDPs, there have only been ad hoc initiatives
being implemented at state level. The Draft National Policy for Rehabilitation of Persons:
Displaced as a Consequence of Acquisition of Land proposed by the Ministry of Rural
Development does not address displacement that occurs due to causes other than land
acquisition by the government. This means that the problems faced by of IDPs fleeing human
rights violations, physical violence and other friction are entirely disregarded. People forced
to flee or leave their homes – particularly in situations of armed conflict – are generally
subject to heightened vulnerability. IDPs have notably higher mortality rates than the general
population. They also remain at high risk of physical attack, sexual assault and abduction,
and frequently are deprived of adequate shelter, food and health amenities.

Current Legislative Framework

● Foreigners Act, 19463
3
https://www.indiacode.nic.in/bitstream/123456789/2259/3/A1946-31.pdf
 ○ The Foreigners Act gives the power to the Indian government to detain a
person deemed a 'foreigner' and deport them to the country of their origin. A
foreigner is defined as a person who is not a citizen of India. This definition,
paired with a lack of legal recognition of refugees as separate from
immigrants, mean that the refugees lie in a legal gray area where they may be
classified as foreigner, giving the government the right to detain or deport
them at any point.
● Passport Act, 19204
○ The Passport Act of 1920 is an act that legislates the requirement for passports
and travel documents. This means that victims of forced displacement who
lack the necessary documents may find it difficult to leave or return to their
home country. This also means that refugees that are considered stateless and
are exiled from their nation have heightened difficulty in seeking asylum in
India.
● Registration of Foreigners Act, 1939
5
○ Like the Passport Act, this legislation also mandates certain identification
documents for registration as a legal foreigner, which these refugees may not
always have access to. All immigrants are treated the same under the act,
which may cause problems for government officials as well as the refugees,
given that this registration has to be done within 14 days of entering the
country.
● Citizenship Act, 1955
○ The Citizenship Act details the provisions for renunciation, termination,
deprivation as well as acquisition of citizenship in India. The act described
those being born in India, or being the offspring of a citizen of India, as having
acquired citizenship. The law was sympathetic to migrants from Pakistan
during and around the time of Partition. The Act of provided that an ordinary
resident of India for 12 years is also entitled to apply for a citizenship. Those
with dual citizenship are not deemed eligible under the Act. Overall, one may
acquire Indian citizenship through birth, registration (including marriage to an
Indian citizen), descent, or naturalization (ordinarily resident for 12 years)
● Citizenship Amendment Act, 2019

4
https://www.mha.gov.in/PDF_Other/act1920_17042017.pdf
5
https://www.mha.gov.in/sites/default/files/The_Registration_of_Foreigners_Act_1939.pdf
 ○ The controversial amendment of the Citizenship Act in 2019 entailed a faster
citizenship process for non-Muslim refugees from certain countries. The
amendment pertains to members of six communities: Hindus, Sikhs,
Buddhists, Jains, Parsis and Christians. These migrants from Pakistan,
Bangladesh, or Afghanistan are permitted to reside in India if they immigrated
before 2015. A number of additional provisions were made, including a
reduced time requirement, and exemption from the Foreigners Act and
Passport Act.

Refusal to sign the UN Refugee Convention

India is not a signatory to the 1951 Refugee Conference nor to its 1967 protocol6 on the
repute of refugees. Given that no refugee law exists in India, there is no uniformity in the
treatment of refugees in the country. The 1951 Convention defines a refugee as someone who
has a well-founded fear of persecution in their home country based on their race, religion,
nationality, political opinion, or membership in a particular social group. It includes
provisions regarding the issuance of necessary documentation for refugees, and sets out
refugee's right to works and access to education. Most notably, the Act provides legal
protection from refoulement7 and outlines the legal responsibilities of all signatory countries
towards the protection and aid of refugees, while cooperating with international bodies
pertaining to the same. The 1951 Refugee conference only applied to refugees who became
refugees before 1951, and within Europe. However, the 1967 Protocol expanded the
geographic and temporal scope to cover all refugees, regardless of when or where they
became refugees.
India's argument for not signing the 1951 Convention is that borders in South Asia are very
porous, and any conflict can result in a mass movement of people. This may lead to a strain
on local infrastructure and resources in a country that is not always well-equipped to deal
with unpredictable spikes in population. India has also expressed concerns for the
demographic balance, which has already been affected in some states bordering Bangladesh,
where the refugee communities have out-populated the local communities. However, the
continuous refusal to sign the convention that will act as an unambiguous framework for
refugee rights is leading to many marginalized foreign communities being exploited, Since
the Convention also provides for rights to work and education, the current lack thereof is

6
https://www.unhcr.org/media/convention-and-protocol-relating-status-refugees
7
Forcible deportation to a place of persecution.
leading to a rise in bonded labourers for refugee camps, places that are rife with modern
slavery.

The Treatment of IDPs

India has denied the access of international agencies in aiding of the large groups of
Internally Displaced Persons, believing that ‘humanitarian assistance’ is becoming a facade
under which larger states can interfere in its affairs. Additionally, the government has placed
restrictions on staff from humanitarian relief agencies in Assam, Nagaland and Manipur.
Legal protection has been provided to government security personnel rather than victims of
conflict and displacement, leading to an environment in which police are able to act on their
own interests rather than those of IDPs. Furthermore, security forces have engaged in
unlawful extrajudicial killings as well as arbitrary arrests, illegal detention and torture of
IDPs perceived to be pursuing violent causes. The provisions given to Pandit IDPs living in
camps are extremely meagre, however, they receive far better treatment than those displaced
in the Northeast.
Conflict in the Northeast has occurs predominantly in the form of warring indigenous groups
and radical insurgents, causing a highly volatile and unstable situation. Much of this conflict
takes the form of ethnic warfare. The state governments’ heavily militarised responses have
been a key driving factor of displacement in the Northeast. For the most part, the needs of
IDPs have been compromised in light of the government’s unwillingness to provide
compensation. The loss of land and livelihood to conflict in the Northeast has left IDPs
vulnerable to food insecurity, particularly in Assam. Uddipana Goswami describes the state
response in Assam as, “The construction of makeshift temporary relief camps shortly
following violence; the provision of Gratuitous Relief (GR) of rice, lentils and oil until these
camps began to take the form of permanent structures; and the cessation of GR in an attempt
to force people from the camps to look for their own form of rehabilitation. Violence and
unsatisfactory government responses have posed an extremely high cost to personal security
and basic needs of IDPs in the Northeast, which have often been granted on ethnic or
religious bases where interests of these groups are similar to those of the state government.”
 PROPOSED SOLUTIONS
The creation of a well-defined refugee law
At present, India’s approach to refugees is largely ad hoc, and the absence of a clearly defined
standard subjects refugees to arbitrary policies and biased provisions. The ambiguity in the
Indian framework as to what is considered a foreigner, illegal immigrant, or a refugee, leads
many people to conflate the problems with each, and vilify refugees as illegal immigrants.
This normative approach to refugee protection leads to mistreatment of certain refugee
groups under an unspecific legal regime, which may be resolved with the implementation of a
separate legal framework for refugees. Thus, it is proposed that a just, fair and humane
response to the question of refugees in India, requires adoption of a definite statutory regime
that clearly defines refugees as a distinct class of people, spells out a fair procedure for
determination of the status of refugees and outlines a due process for refugee protection in
congruity with the right to non-refoulement and the right to a dignified life. (Dr. Saurabh
Bhattacharjee)

BLOC POSITIONS
Bhartiya Janata Party (BJP)
The BJP has expressed support for persecuted religious minorities from neighbouring
countries, with the exception of Muslim refugees. The BJP has advocated for the
implementation of the National Register of Citizens (NRC) which documents immigrants and
excludes illegal immigrants. Overall, the BJP has shown support for Hindu, Sikh, Jain, and
Buddhist religious minorities that are seeking asylum in India, but are in favour of
exclusionary policy against Muslim refugees.

Indian National Congress

The INC, in power during Partition, is lauded for its support of refugee populations and
secular beliefs. They are critical of the Citizenship Amendment Act, which is widely viewed
as discriminatory, as well as the NRC. The party aided with the habilitation of Rohingya
refugees, and opt for rehabilitation for those displaced through government land acquisition.
Dravida Munnetra Kazhagam
DMK has historically been sympathetic towards Tamil refugees from Sri Lanka, and
supported provisions in terms of infrastructure and accommodation. The party has often
advocated for the rights and welfare of Tamil refugees and has been critical of the Sri Lankan
government's treatment of Tamil minorities. Their expressed concerns for refugees and
advocating for their protection is in line with their political tradition that focuses on secularity
and the rights of marginalized communities.

Jammu & Kashmir National Conference

The NC's stance on refugees and IDPs is greatly influenced by the unique political situation
in J&K. The party has called for measures for the rehabilitation of displaced Kashmiri
pundits and safety of marginalized groups. However, they have expressed concerns about the
volatility of the demographic changes in the region, and how refugees may impact it. The
party has promoted and initiated measures to prevent the rise of militancy in the state,
attempting to curb the subsequent displacement.

SUGGESTED MODERATED CAUCUS TOPICS

1. Discussing how local demographics may change with the influx of refugees or IDPs.
2. Discussing the infraction of the fundamental rights of asylum-seekers in host states.
3. Discussing the creation of a separate framework for internally displacedrefugees.
4. Analysing the exclusionary nature of the Citizenship Amendment Act, 2019
5. Examining legislations like The Armed Forces Special Powers Act and their role in
internal displacement.
6. Discussing the impact of infrastructural development on the overall infrastructure of
nearby states.
7. Analysing the need for a normative approach to determining the provisions given to a
refugee.
8. Discussing the advantages and disadvantages of signing off on the 1951 Refugee
Conference.
9. Analysing the various approaches to curb internal displacement enacted by
government
 10. Examining Indian approaches to internal displacement in comparison to international
norms and standards

RESEARCH LINKS

(Note: Delegates, some of the links are only meant for light reading and thus are not
highlighted, only refer to the highlighted sources as valid proof as others may or may not be
accepted as a source of proof in the Council. The decision of the Presiding Officer in regards
to the acceptable sources is Final and Binding. )

1. https://www.e-ir.info/2013/07/15/protecting-internally-displaced-persons-in-india
/
2. https://www.fmreview.org/accountability-and-displacement/lama
3. http://www.worldlii.org/int/journals/ISILYBIHRL/2001/7.html#Heading38
4. https://www.epw.in/journal/2008/09/notes/india-needs-refugee-law.html
5. https://www.mha.gov.in/sites/default/files/The_Registration_of_Foreigners_Act_
1939.pdf
6. https://www.unhcr.org/about-unhcr/who-we-protect/refugees
7. https://www.ohchr.org/en/special-procedures/sr-internally-displaced-persons/abo
ut-internally-displaced-persons
8. https://www.internal-displacement.org/countries/india
9. https://www.stimson.org/2022/the-geopolitics-of-indias-refugee-policy/
10. https://www.livemint.com/Opinion/bePZQScFIq1wEWv9Tqt4QO/Why-India-wont-si
gn-Refugee-Treaty.html
11. https://www.livemint.com/Sundayapp/clQnX60MIR2LhCitpMmMWO/Indias-refugee
-saga-from-1947-to-2017.html
12. https://www.drishtiias.com/daily-updates/daily-news-editorials/indias-refugee-policy
13. https://www.drishtiias.com/to-the-points/Paper2/citizenship-of-india
14. https://www.drishtiias.com/daily-updates/daily-news-editorials/refugee-crisis-in-india
15. https://www.drishtiias.com/daily-updates/daily-news-analysis/global-report-on-interna
l-displacement-2023
16. https://www.drishtiias.com/daily-news-analysis/chakma-and-hajong-communities
17. https://www.clearias.com/refugee-crisis-in-india/
18. https://foreignpolicy.com/2023/07/06/india-afghan-refugees-unhcr-modi-politics-caa/
#cookie_message_anchor
19. https://www.historyworkshop.org.uk/memory-emotions/refugees-in-india/
20. https://www.thehindu.com/news/cities/chennai/DMK-calls-for-quotconstructive-meas
uresquot-to-help-refugees/article16304600.ece