Protection Of Refugees In India

Written by: Shivangi Tripathi, B.A.LL.B, Galgotias University

Abstract

India, a nation facing challenges of overpopulation and extensive poverty, has nevertheless provided shelter to displaced persons from neighboring nations for many years. Although India accommodates various refugee communities, such as Tibetans, Sri Lankan Tamils, and Rohingyas, there is no consistent legal structure or unified policy in place to protect their rights. The 1951 Refugee Convention along with its 1967 Protocol, which identifies refugees and sets international standards for their safeguarding, form the foundation of global refugee law. Nonetheless, India has opted not to adopt these international agreements, resulting in refugee protection being largely reliant on improvised government actions. A refugee, according to Article 1 of the 1951 Convention, is an individual who crosses an international border because of a legitimate fear of persecution based on factors such as race, religion, nationality, affiliation with a particular social group, or political beliefs. In India, refugees encounter varying policies, restricted access to civil and political rights, and insufficient legal protections for their safety and well-being. This study thoroughly analyzes the shortcomings in India's refugee protection system and emphasizes the pressing necessity for a robust legislative framework to tackle these issues. It examines India’s historical reaction to refugee crises, the involvement of international entities such as the UNHCR, and judicial actions that seek to fill the legal gap. Additionally, it highlights the importance of establishing a rights-based framework for refugee protection to guarantee their access to fundamental human rights and the justice system, while also balancing humanitarian duties with national interests.

Keywords: Asylum Seeker, UN High Commissioner for Refugees, 1951 Refugee Accord, India, Safeguarding, Human Dignity

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