Author: Hetu, a student at Graphic Era Hill University, Dehradun
Abstract
The status of refugees in India remains a complex and evolving issue. India is a country having around 1.3 billion people, is home to thousands of displaced persons from other countries near and far, including Afghanistan, Myanmar and Somalia etc. and since Independence the influx of the refugees in India has increased and the very fact is that despite not having comprehensive law, rules and regulations, India’s record of greeting and dealing with the refugees is quite decent as it is driven by Humanitarian approach.
This abstract explores the challenges and opportunities inherent in India’s treatment of refugees. It also notes India’s historical tradition of providing shelter to those in need.
Who is Refugee?
“A refugee is a person who has been forced to flee their home country due to a fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Refugees are unable to avail themselves of the protection of their home country, and consequently, seek refuge and protection in another country. The status of a refugee is usually granted based on the recognition of the threats and risks they face in their home country and the need for international protection. This protection is enshrined in international law, like the 1951 Refugee Convention and its 1967 Protocol and it requires the signatory countries to uphold the rights and ensure the well-being of individuals who qualify as refugees.”
Primary difference between refugee, asylum seeker, and immigrant
Refugee
“A refugee is a person who flees their home country due to persecution, war, or violence. They look for security and refuge in a different country. Refugees are often unable or unwilling to return home due to fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. They go through a legal process to seek asylum.”
Asylum Seeker
An asylum seeker is someone who has fled their homeland and is seeking safety in another country, awaiting official recognition as a refugee. They have applied for asylum in another country and are waiting for a decision on their refugee status. During this period, they’re referred to as asylum seekers and might undergo interviews or legal processes to determine the validity of their claim for asylum.
Immigrant
An immigrant is someone who relocates to another country, often to pursue finer economic opportunities, reconnect with family & relatives, or for individual reasons. Unlike refugees and asylum seekers who are forced to leave the country of their origin due to persecution or threats, immigrants choose to relocate voluntarily. They typically go through legal immigration processes, such as obtaining visas or residency permits, to live for long in a new country.
Summary
Refugees and asylum seekers are one seeking safety and shield from persecution, while immigrants are people who voluntarily move to another country for various reasons.
India’s law/policy governing refugees living
There is no specific policy or law for refugees in India, nor is it a signatory to the Refugee Convention of 1951 and its 1967 Protocol. But India agreed to New York Declaration for refugees and migrants, adopted in 2016 that contains bold commitments such as:
- To safeguard the human rights of all refugees and migrants.
- Make sure that all refugee and migrant children are receiving education.
- Avert and answer to sexual and gender-based violence etc.
However, UNHCR, India and its NGO partners have established several refugee support centers that offer language classes, bridge classes, computer classes, and help in enrollment in schools.
India’s history of hosting and supporting refugee populations along with the efforts of civil society organizations and some state governments, offers hope for the protection and inclusion of refugees in the country. Furthermore, India’s federal structure allows for diverse responses to refugee issues at the state level. Some states have shown a willingness to provide support and opportunities for refugees, enabling them to integrate and contribute to their host communities.
Rules through which India deal with Refugees
The Domestic Rules, regulations, legislations, India to regulate with the refugees are as follows:
- “The registration of foreigners Act,1939”
- “The passport (entry into India) Act,1920”
- “The foreigners Act,1946”
- “The citizenship Act of 1955”
- “The citizenship amendment Act 2019”
Indian Constitution protecting the non-citizens
- Article14- “It needs India to not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
- Also, Article 21- “the right of non-refoulement which is the doctrine of both refugee convention and protocol.”
“Non-refoulement is the international legal principle that prohibits forcing individuals escaping persecution in their own country to return there, as established by both the refugee convention and protocol.”
- Article 51(c) states that “the state is to foster respect for international laws and treaties.”
Cases
NHRC v. Arunachal Pradesh & Anr., AIR (1996) SCC (1) 742
“The Supreme court held that the state is bound to protect the life and liberty of every human being, citizen or otherwise.”
“Dongh Lian Kham v. Union of India, AIR (2015)”
“The Supreme court stated that the principle of non-refoulement is part of the guarantee under Article 21 of the constitution of India irrespective of Nationality.”
Education Policies for Refugees
“Education serves as a critical means to prevent terrorism, racial and religious intolerance, genocide, war crimes, and crimes against humanity globally. It also promotes stability, sustainable peace, human rights, social justice, diversity, gender equality, and environmental sustainability. Furthermore, education empowers individuals to become responsible citizens within their communities, nations, and the world.”
Articles 41 and 45 of the Indian Constitution outline the responsibilities of the state in ensuring effective implementation of the right to education, particularly for children, by formulating appropriate policies and legislation to provide free and compulsory education.
The Refugee youth in India can apply for the “DAFI (Albert Einstein German Academic Refugee Initiative) scholarship program”, which offers qualified refugee and returnee students to earn an undergraduate degree in their country where they took asylum or country of their origin. Since 1992, the program has aided over 18,000 refugees to undertake studies through the support of government. UNHCR suggests that 68% of refugee children around the world are register in primary school. By contrast, the gross enrollment for refugees drops to a high school, children under 14 years of age having access to education irrespective of their legal citizenship status, language obstacles and discrimination often obstructs many children from staying in school even up to that age.
Organizations such as OFERR (Organization for Eelam Refugees Rehabilitation) play a vital role in advocating for the rights of Sri Lankan Tamilian refugees, including ensuring their access to education. OFERR has successfully negotiated special arrangements with both the state and central governments, likely encompassing initiatives such as fee waivers or reductions for educational services and language assistance. These efforts have resulted in enhanced educational facilities and resources within refugee camps, including the provision of schools, textbooks, and learning materials.
Similarly, with regard to Rohingya refugees, organizations like the Zakat Foundation and the BOSCO Foundation have worked to assist Rohingya refugees in India, offering humanitarian aid and educational opportunities.
Refugee Statistics
In the year 2022, Mizoram received highest no. of refugees from Myanmar, Sri Lanka, Tibet and Bangladesh about 2,42,835 all over India, increased to 14.32% from 2021 among them 1,60,085 are unregistered. During the year, Ethnic/Religious affiliation determined India’s policy for the treatment to the refugees. Also, the Detain and Deport policy was followed with respect to the Rohingya refugees.
In 2023, this graph has turned to 74,600 in numbers & the very fact is that despite of not having the comprehensive law, rules and regulations India’s record to welcome and dealing with the refugees is quite decent.
As of May 2024, over 120 million individuals worldwide had been compelled to leave their homes due to persecution, conflict, violence, or human rights abuses. This figure encompasses:
- 43.4 million refugees
- 63.3 million internally displaced persons
- 6.9 million asylum seekers
- 5.8 million individuals requiring international protection
Challenges to Refugees living
Refugees in India face innumerable challenges. Some of the primary problems faced by refugees includes:
- Lack of Legal Status
The absence of a comprehensive refugee law leaves many refugees without legal status, rendering them vulnerable to exploitation and limiting their access to education, healthcare and employment.
- Uncertainty and Vulnerability
Without clear pathways to permanent residency or citizenship, refugees live with lack of stability which leads to psychological distress and hinders their ability of self-reliance & to rebuild their lives.
- Risk of Detention and Deportation
Refugees are at risk of detention and deportation due to their lack of legal status. This perpetuates their sense of insecurity & also exposes them to potential harm in their home country.
- Marginalization and Discrimination
They often face marginalization and discrimination, obstructing their ability to integrate into society and undermining their sense of belonging and dignity.
- Limited Economic Opportunities to earn livelihood and improving their status of being left alone in the society.
Also, The Council of Europe’s Strategy for the Rights of the Child (2016-2021)2 highlights the vulnerability of children from migrant backgrounds, including refugees and asylum seekers. Addressing these problems requires a comprehensive approach that ensures access to basic services, promotes social inclusion, and provides opportunities for refugees to rebuild their lives with dignity and security.
Conclusion
The standing of refugees is complex and presents both challenges and opportunities. India has not signed the “Refugee Convention of 1951 and its 1967 Protocol”, lacks a formal regulatory framework for granting status to the one who has fled from their home country. Despite this, there are positive aspects to the refugees’ status in India. India has a long-standing tradition of providing shelter to those in need, including refugees. Over the years, the country has hosted and supported significant refugee populations, including Tibetans, Afghans, Sri Lankans, and Rohingya Muslims inter alia. India’s approach to refugees has often been rooted in humanitarian considerations.
Furthermore, India’s federal structure allows for diverse responses to refugee issues at the state level. As the global refugee crisis continues, it is essential for India to consider enacting a dedicated refugee law that aligns with “international human rights” standards and reflect their humanitarian values. This would provide a clear and consistent framework for addressing the needs of refugees and enable India to fulfill its responsibilities as a member of the international community.
FAQ
- What is the difference between Asylum seeker, Refuge & Immigrants?
Asylum seekers and Refugees are individuals fleeing danger and seeking protection, whereas Immigrants are people who relocate by choice, often for better opportunities.
- Does India provide any protection to refugees?
Yes, India provides protection to refugees, although it is not a signatory to the 1951 Refugee Convention. The protection provided here means and includes,
- Legal Framework
India does not have a specific refugee law. Refugees are managed under various laws like the Foreigners Act, 1946, and the Indian Constitution.
- The government grant refugees long-term visas, which allow them to stay in the country legally.
- UNHCR conducts refugee status determination (RSD) procedures and provides documentation, protection, and assistance to refugees.
- Rights and Services
Recognized refugees are given access to basic services such as healthcare and education. They can also receive assistance from various NGOs and international organizations.
India provides various levels of protection and assistance to different refugee groups, often in collaboration with the UNHCR and other organizations.
- What challenges do refugees typically face?
Refugees face numerous challenges, both in their home countries and after fleeing to other nations such as:
- Legal and Documentation Issues
- Access to fundamental Services such as healthcare, education etc.
- Economic Challenges: Employment, poverty etc.
- Social and Cultural Integration: Language Barriers, Discrimination and Xenophobia, may face social exclusion, discrimination, and hostility from host communities, Cultural Differences.
- Safety and security: Shielding from harm, mental well-being
- Legal and Bureaucratic Obstacles, Asylum Process, Legal Rights.
- Housing and Living Conditions: Shelter, Access to safe and adequate housing is often limited, leading to overcrowded and poor living conditions.
- Family Reunification: Separation
- How are refugees governed in India?
In India, the governance and management of refugees are handled through a combination of national laws, administrative measures, and international cooperation, primarily with the United Nations High Commissioner for Refugees (UNHCR).
- What are the policies that govern the living conditions of refugees?
In India, while there is no specific national refugee law, the living conditions and rights of refugees are governed through a combination of existing laws, policies, administrative measures, and international cooperation which are as follows:
Foreigners Act, 1946, Citizenship Act, 1955, Passports Act, 1967, Long-Term Visas (LTVs), UNHCR Policies and Role, State Government Policies, Judicial Intervention, Non-Governmental Organizations (NGOs), Education and Healthcare, Employment and Livelihoods.
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