India’s Approach to Refugees

Context: India has granted refuge to former Bangladesh Prime Minister Sheikh Hasina following her forced departure from Bangladesh, despite the absence of an official refugee policy in the country.

Defining Refugees:

• Refugees: Individuals compelled to leave their home country and seek safety in another due to the threat of persecution, unable to return due to fear for their lives or freedom.
• Key International Framework: The 1951 Refugee Convention and its 1967 Protocol are pivotal in defining who qualifies as a refugee and establishing minimum standards for their treatment.
• Principle of Non-Refoulement: This principle asserts that refugees should not be returned to their home country if they face potential threats to their life or freedom.
• Obligations of Signatory Countries: Countries that have ratified the Convention must adhere to the prescribed standards for treating refugees.
• Role of UNHCR: The United Nations High Commissioner for Refugees (UNHCR) advocates for states to join the Convention and assists in translating its provisions into national laws. A refugee is recognized legally and is entitled to specific protections, unlike a migrant, which lacks a universal legal definition.

India’s Refugee Management:

• Constitutional Safeguards: Refugees in India are protected under:
  • Article 21 (Right to Life)
  • Article 14 (Protection against arbitrary actions)
• Judiciary’s Role: The Supreme Court has upheld that the non-refoulement of refugees aligns with the right to life.
• Legal Framework: Refugees entering India without a visa are treated as illegal immigrants under the Foreigners Act and the Indian Passport Act.
• Citizenship Amendment Act (CAA): This act offers a path to citizenship for non-Muslim illegal immigrants from neighboring countries, though it has been criticized as discriminatory.
• Lack of a National Policy: India does not have a formal, nationwide refugee policy or law.
• Non-signatory to the UN Convention: India has not ratified the 1951 UN Convention or the 1967 Protocol.
• UNHCR Operations in India: The UNHCR office in New Delhi handles refugee status determination (RSD) for asylum-seekers from non-neighboring countries and Myanmar.

Instances of Refugee Crises in India:

• Partition of India (1947): Led to a massive influx of refugees from Pakistan to India.
• Tibetan Refugees (1959 onwards): Following an unsuccessful uprising against Chinese rule in Tibet, the 14th Dalai Lama and thousands of Tibetans sought refuge in India.
• Chakma and Hajong Refugees (1964-1969): These communities from the Chittagong Hill Tracts of East Pakistan (now Bangladesh) migrated to India due to religious persecution and displacement caused by the Kaptai Dam construction.
• Bangladeshi Refugees (1971): During the Bangladesh Liberation War, millions fled from East Pakistan (now Bangladesh) to escape military atrocities and genocide.
• Afghan Refugees (1980s onwards): Prolonged conflict in Afghanistan, including the Soviet invasion and subsequent unrest, drove many Afghans to seek refuge in India.
• Sri Lankan Tamil Refugees (1983 onwards): The Sri Lankan civil war prompted anti-Tamil violence, leading thousands of Sri Lankan Tamils to flee to India, primarily Tamil Nadu.
• Rohingya Refugees (2012 onwards): Facing persecution in Myanmar’s Rakhine State, many Rohingya Muslims fled to neighboring countries, including India.

Challenges Faced by Refugees in India:

• Reluctance to Sign the 1951 Refugee Convention: India views refugees as deprived of their civil and political rights but not their economic rights.
• Temporary Measures: India’s approach to refugee protection is primarily through ad-hoc administrative policies.
• Discriminatory Laws: The Citizenship Amendment Act (2019) grants citizenship to non-Muslim immigrants from Bangladesh, Pakistan, and Afghanistan, drawing criticism for its discriminatory nature.
• Inconsistent Laws: The absence of a refugee law in India results in non-uniform treatment of refugees.
• Voluntary Repatriation: Post the Sri Lankan civil war, India encouraged the return of refugees through voluntary repatriation.
• Terming Rohingya as “Illegal”: India has labeled Rohingya in India as “illegal” immigrants, in contrast to Bangladesh, where they are recognized as refugees, and pledged to send them back to Myanmar.
• Social Exclusion: Refugees often face physical and emotional exploitation by locals, as they are not recognized as Indian citizens.
• Deprivation of Basic Rights: Refugees often lack access to essential services such as food, shelter, and employment, with limited or no privileges.

Steps Toward a Fair Refugee Policy in India:

• Ratifying International Conventions: India should consider ratifying the 1951 Refugee Convention and its 1967 Protocol, which outline refugees’ rights and the state’s obligations.
• Formulating National Refugee Law: A comprehensive national law is necessary to distinguish refugees from other migrants and ensure their protection and rights.
• Ensuring Access to Basic Human Rights: Refugees should be guaranteed access to healthcare, education, and legal protection.
• Right to Work: Allowing refugees to work would aid their integration and reduce their dependency on state resources.
• Seeking International Assistance: India should seek financial aid, technical support, and resettlement opportunities to better manage the refugee situation.
• Involving Civil Society: Engaging civil society organizations, NGOs, and refugee communities in policy-making ensures that refugee voices are heard, and their needs are addressed.