Riddhi Tulshian

81002140052

SVKMS
NMIMS SCHOOL OF LAW

A PROJECT SUBMITTED ON
REFUGEE AND ASYLUM LAWS IN INDIA
IN COMPLIANCE TO PARTIAL FULFILLMENT OF THE MARKING
SCHEME, FOR TRIMESTER II OF 2014-2015, IN THE SUBJECT OF
LEGAL ENGLISH
SUBMITTED TO FACULTY:
MRS. REKHA KALE
FOR EVALUATION
SUBMITTED BY:
RIDDHI TULSHIAN
B.B.A L.L.B (HONS.)
ROLL NO A056

RECEIVED BY: ____________________________

ON DATE: __________ TIME: _________

Legal English

Page 1

Riddhi Tulshian

81002140052

PREFACE
This document has attempted to create awareness in the background of refugee and asylum
laws in India. Although India is a very rapidly developing nation, more than half of the
population is uneducated. Also only a handful of people know about who refugees are and
what situations do they have to face. The situation regarding asylum seekers is aggravating
every day. It has to be recognised that the world has been undergoing significant
transformations which pose serious challenges to the capacity of India to respond to
contemporary displacement situations. The recurring cycles of violence and systematic
human rights violations in many parts of the world are generating more and more intractable
displacement situations. The changing nature of armed conflict and patterns of displacement
and serious apprehensions about uncontrolled migration in this era of globalisation are
increasingly part of the environment in which refugee protection has to be realised.
Trafficking and smuggling of people, abuse of asylum procedures and difficulties in dealing
with unsuccessful asylum-seekers are additional compounding factors. Asylum countries in
many parts of the world are concerned about the lack of resolution of certain long-standing
refugee problems, urban refugee issues and irregular migration, a perceived imbalance in
burden- and responsibility-sharing, and increasing costs of hosting refugees and asylumseekers. Through this article I wish to help people, especially the citizens of India to become
familiar with the general principles of international refugee law and to learn how they are
implemented, so they can fully discharge their responsibilities. Promoting refugee law and
protection presupposes both knowledge and the ability to impart such knowledge.

HYPOTHESIS
The aim of this article is to analyse the situation of asylum seekers around the world and
their position in India. The basic questions that have been answered to in this article are:

Who are refugees or asylum seekers?

What are the laws regarding refugees in India?
What are the provisions for these asylum seekers in the Constitution of India?
What role does the judiciary play in protecting the refugees?
What is the 1951 Convention?
What is Indias stance on the 1951 Convention?

Legal English

Page 2

Riddhi Tulshian

81002140052

RESEARCH METHODOLOGY
AIM & OBJECTIVE OF THE STUDY
The aim of the study is to give knowledge about who refugees are and how they are treated in
India. The objective of the study is to bring to the light the provisions of the Indian legal
system regarding asylum seekers and refugees. The objective is to show Indias stance on the
1951 Convention regarding refugees.

SCOPE OF STUDY
The study primarily focuses on the Indian scenario and what are the provisions for asylum
seekers under the Indian legal system. Its secondary focus also deals with the 1951 European
Convention.

LIMITATION OF THE PROJECT

The project fails to conduct a primary research thorough examination, interviews and surveys
due to lack of time and vague understanding. The research of the project limits to book and
internet content.

Legal English

Page 3

Riddhi Tulshian

81002140052

INDEX
SR.
NUMBER
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Legal English

PARTICULARS
Abbreviations
Table of Statutes
Table of Cases
Chapter 1: Introduction
Chapter 2: Indian Scenario
Chapter 3: Indian Legal System
Chapter 4: India on the 1951 Convention
Chapter 5: Literature Review
Chapter 6: Conclusion and Suggestions
Bibliography

Page 4

PAGE
NUMBER
5
5
5
6-9
10
11-15
16
17
18
19

Riddhi Tulshian

81002140052

ABBERIVIATIONS

UNHCR United Nations High Commissioner for Refugees

J. - Justice
AIR - All India Reporter
IDPs Internally Displaced Persons
UN- United Nations
S.C- Supreme Court
H.C- High Court
IPC- Indian Penal Code.
RSD- Refugee Status Determination
CEDAW- Convention on the Elimination of All Forms of Discrimination Against
Women
GOI- Government of India
ICCPR- International Covenant on Civil and Political Rights
ICESCR-International Convention on Economic, Social and Cultural Rights

TABLE OF STATUES
Convention of 1951
1951 protocol of convention of 1967
Foreigners Act 1946

TABLE OF CASES

INS vs. Cardoza Fouseca

Joseph Ayei vs. Ministry of Employment & Immigration
Maiwands Trust of Afghan Human Freedom vs. State of Punjab
N.D.Pancholi vs. State of Punjab & Others
Malavika Karlekar vs. Union of India
State of Arunachal Pradesh vs. Khudiram Chakma
Digbijay Mote V. Government of India
Majid Ahmad Abdul Majid Mohd Jad Al Hak V. Union of India

Legal English

Page 5

Riddhi Tulshian

81002140052

CHAPTER 1: INTRODUCTION
-Everyone has the right to seek and to enjoy
in other countries asylum from persecution.
India is not just a home to 1,261,527,9301 people (and counting) but also those who have
been victims of violation of human rights and have been debarred from their countries or
there is an element of persecution or coercion compelling the individual to leave their
motherland.
Considering the security scenario in the country, arising out of the role of some of the
neighbours in this regard, an utterly altruistic issue like the refugees has come to influence
the national security. While law and order is a State subject under the Indian Constitution,
international relations and international borders are under the exclusive purview of the Union
government. This has resulted in a variety of agencies of the Central as well as the State
governments, having to deal with refugee matters connected with law enforcement. All
policies governing refugees are laid down by the Union government though the impact of the
refugee problem as such has to be borne by the State administration to a greater degree if not
wholly.
There is not any uniform legal framework in existence to protect the rights of refugees.
Moreover India is not a signatory to the 1951 Refugee Convention nor to its 1967 Protocol on
the Status of Refugees. Therefore, the protection of refugees is confined to ad-hoc measures
taken by the Government, leaving the refugees with hardly any protection for their civil and
political rights and almost no legal provisions for their safety and welfare.2
A proper understanding pertaining to the situation of the refugees is needed so as to formulate
laws protecting their rights not only on political grounds but also on humanitarian grounds.
Also knowledge on the part of those who handle the refugees such as the NGOs and
international bodies is necessary to facilitate looking after the refugees and asylum seekers.
The aim of this research paper is to analyze the situations of the asylum seekers and refugees
and deduce some methods to solve a big problem that lies ahead of our building nation. This
1 www.wordpopulation.com seen on 27/7/2014
2 Vikash,Refugee rightinitiatives,http://www.hrln.org/hrln/index.php?
option=com_content&view=category&layout=blog&id=81
&Itemid=202

Legal English

Page 6

Riddhi Tulshian

81002140052

project fails to conduct primary research due to time constraint and basically deals with
secondly research based on reference from books and internet.
Who are Refugees?
Let us first begin by understanding who a refugee is to be able to get into the crux of the
matter.
It should be acknowledged that a person becomes a refugee because of circumstances and
conditions which are beyond that persons control. They are left with no other option but to
flee from their countries because of human rights violations, socio-economic and political
insecurity, violence, and civil war or ethnic strife all these leading to fear of persecution. The
import of this observation would be evident when one looks at the definition of a refugee.
The term Refugee has a particular meaning laid down in the United Nations 1951
Convention relating to the Status of Refugees and its 1967 Protocol. Article 1 paragraph 2 of
the 1951 Convention defines the refugee as A person who owing to well founded fear of
being persecuted for reasons of race, religion, nationality, membership of a particular social
group or political opinion, is outside the country of his nationality and is unable or, owing to
such fear, unwilling to avail himself of the protection of that country.3
There is a need to understand that not all foreigners and people from country other than ours
are refugees. Let us understand how.
1

Travellers, Tourists and Non permanent residents: These are the people who come to
India with prior permission from the government for a specific purpose and the duration
of their stay is fixed too. However sometimes under this category the person could be
eligible to become a refugee if, during their stay in India, the situation in their country
becomes such as to put their life in danger if they return. Many Iranians who were
studying in India stayed back as refugees after the fall of Shah of Iran and a
revolutionary government took over in 1978.

Illegal Economic Migrants: These are the people who leave their home country without
due authorization from the authorities concerned, both in the country of origin as well as
the country of destination, solely to improve his or her economic prospects, is not a
refugee. Illegal migrants from Bangladesh are examples of this category. They are treated
as illegal and unauthorized entrants into the country and dealt with under the appropriate

3 Policies and Laws towards refugees, Tapan

KBose,http://www.hrsolidarity.net/mainfile.php/2000vol10no10/745/

Legal English

Page 7

Riddhi Tulshian

81002140052

laws applicable to foreigners like Foreigners Act, Indian Passport Act etc. besides the
IPC, Cr.PC etc.
3

Criminals, spies, militants etc.: Such people can never be deemed to be refugees and are
dealt with under Indian criminal laws.

Internally Displaced Persons: These are the people who are forced to flee his or her
home country but remains within their countries border. They are often referred to as
refugees but do not fall under the current legal definition.4
One major element to satisfy a claim to refugee status is that the claimant must be

genuinely at risk. Various legal tests have developed which concern the standard of proof
that is required to satisfy what constitutes being genuinely at risk or having a genuine well
founded fear of persecution. Some of these tests have been articulated by courts in a number
of countries. In the case of INS vs. Cardoza Fouseca5 interpretation of the well founded
fear standard would indicate that so long as an objective situation is established by the
evidence, it need not be shown that the situation will probably result in persecution, but it is
not enough that persecution is a reasonable possibility... The above standard was considered
in R vs Secretary for the Home Department 6, the case of ex parte Sivakumaran. 7 The
judgment suggested that the test should consider whether there is an evidence of a real &
substantial danger of persecution. The Canadian Federal Court of Appeal considered the
above and disapproved the House of Lords formulation in Joseph Ayei vs. Ministry of
Employment & Immigration8 .They considered the reasonable chance standard. Therefore,
in sum, in considering the above tests what can be gleaned is a rather liberal standard which
requires that if, ....there is an objective evidence to show that there is a reasonable possibility
or chance of relevant prosecution in the claimants state of origin, the claim should be
adjudged well founded.
4 Hathaway, note 1
5 467 US Supreme Court Case, 407 (1987).
6 (1988), 1 All ER 193 (H.L)
7 Sivakumaran, House of Lords Decision (1988) 1 ALL ER 193.
8 Joseph Ayei, Canadian Federal Court of Appeal (1989), Imm. L.R. (2d) 169.

Legal English

Page 8

Riddhi Tulshian

81002140052

Women Refugees
It should be taken into consideration that if no grave breach of law has been done then the
accused women refugee may be released on bail pending trail. In the Marui case, an Iraqi
woman was released on bail while her husband was kept in detention for long after she was
released. It is the duty of the UNHCR and local NGOs to provide the women refugees with
psychological support in case they find themselves in a problematic situation due to suddenly
being isolated in a foreign country.
Child Refugee
Refugee children face many problems and deserve to be treated with utmost care and caution
by the authorities concerned. Usually, access is provided to detained mothers to meet their
children and tend to their needs. There are, however, cases of sufficiently grown up refugee
children who may be between the ages of 15 and 18 years of age and who may be detained
for non possession of valid travel documents. Such a problem mostly arises due to the fact
that children are not granted separate residential permits but are included in their parents
permits. In cases involving children who do not possess separate residential permits, the
UNHCR may be in a position to help sort out the problem, particularly because in cases
where refugee children are separated from their families, UNHCR makes all possible
attempts to reunite them. Therefore, it will be advantageous if the security agency concerned
seeks the help and assistance of the UNHCR in such matters.

Legal English

Page 9

Riddhi Tulshian

81002140052

CHAPTER 2: INDIAN SCENARIO

To be able to understand the complexities of forming laws pertaining to refugees in India it is
important to understand the scenario of refugees.
India has been home to several thousand refugees since a very long time, from Zorastrians
finding refuge when they were subjected to persecution in Iran to as recent as now. A thing
which needs to be given special attention is that there has not been any case of refugees
originating from India except the movement of people across the border during the partition.
India hosts refugees not only from neighbouring countries but also from Afghanistan, Iran,
Iraq, Somalia, Sudan and Uganda.
The Indian government, however, has signed neither the Refugee Convention nor its
Protocol; Indian law does not offer any special language or provisions for refugees, despite
the large number of them seeking Indias protection. Under Indian law, the term foreigner
is the only reference to aliens of any kind; this places refugees, immigrants, tourists etc. in the
same broad category. The Indian government dispenses the assistance available to refugees in
a discriminatory and inequitable fashion.
In India, because there are no specific laws for the Refugees, the matter for them are dealt on
case to case basis. UNHCR cooperates with the Government, as well as with NGOs and other
stakeholders, to protect and assist urban refugees. It also helps to seek comprehensive
solutions for internally displaced people (IDPs) and protracted refugee situations.
India grants asylum and provides direct assistance to some 200,000 refugees from
neighbouring countries. As the country lacks a national legal framework for asylum, UNHCR
conducts registration and refugee status determination (RSD).More than 24,000 refugees and
asylum-seekers of diverse origins are protected and assisted by the Office in India.

Legal English

Page 10

Riddhi Tulshian

81002140052

While a large majority of those registered by UNHCR in India live in Delhi, an increasing
number are settling outside the capital. The Government of India allows UNHCR mandate
refugees to apply for long- term visas and work permits. Refugees and asylum-seekers have
access to basic government services such as health care and education. In addition, they have
access to the law-enforcement and justice systems. UNHCR and its partners work to facilitate
this by providing information and interpretation services.

CHAPTER 3: INDIAN LEGAL SYSTEM

Foreigners Act 1946
Since there are not any laws to protect and safeguard refugees and asylum seekers India relies
on the Foreigners Act 1946 to govern the entry, stay and exit of the refugees. Such legislation
comes under the union list and therefore central government is empowered to govern the
refugees.9
Section 2(a) of this act defines a foreigner as a person who is not a citizen of India.
Therefore all refugees come under the category of foreigner. Sec 3 empowers the Central
Government to issue orders to control foreigners in their activities, movement and issue of
identity proof and regular appearance before police. Section 5 prevents foreigner to change
their name while in India. Section7 obliges the hotel keepers to maintain records of the stay
of foreigners.10 Foreigners Act 1946 has given wide power to executive to remove foreigners
from India4. It is in addition to the power to refuse entry of foreigners for non fulfilment of
entry conditions that invites instant deportation. However many amendments have been
brought about in this law after requests from the National Human Rights Commission and are
now the current law for refugees and asylum seekers.
The Registration of Foreigners Act 1939, Foreigners Order 1948 and Foreigners Act 1946
are the legislations dealing with the treatment of Foreigners in India.11
9 Legal condition of refugee in India, Boris Pal, http://borispaul.wordpress.com/2010/09/11/legal-conditionsofrefugees-in-india/

10 Sec 3(2(c)) of Foreigners Act 1946

11 Bhairav Acharya, The law, policy and practice of refugee protection in India, available at onwww.ssrn.com

Legal English

Page 11

Riddhi Tulshian

81002140052

Provisions In The Constitution of India.

i

Article 14 gives the refugees and asylum seekers equality before law and equal
protection of law. They are also protected against article 20, 22, 25, 28 and 32 since these
rights are applicable to both citizens and non citizens.

ii

Article 22 deals with the right against detention.

iii Article 25-32 gives the right to profess and propagate any religion.
iv

Article 21 gives the right of protection of life and personal liberty.

Article 20 deals with Ex post facto law,right against self incrimination and double
jeopardy.

vi Article 32 gives the person the right to move to the Supreme Court in case any above
mentioned fundamental rights are violated.
vii Article 253 gives the Indian Parliament the right to any law for the whole or any part of
the territory of India for implementing any treaty agreement or convention with any other
country or any decision made by any international association conference or body.
viii Article 51(c) of Indian Constitution provides that the state shall put in efforts to foster
respect for international laws and treaty obligations.

In India, the decision as whether to treat a person or a group of persons as refugees or not is
taken on the merits and circumstances of the cases coming before it. The Government of
India (GOI) may be often seen as following a policy of bilateral-ism in dealing with persons
seeking to be refugees. For example, Afghan refugees of Indian origin and others, who
entered India through Pakistan without any travel documents, were allowed entry through the
Indo-Pakistan border till 1993. Most of the refugees had entered India through the Attari
border near Amritsar in Punjab. Subsequent to 1993, the Government altered its policy of
permitting Afghan refugees freely into India.

Legal English

Page 12

Riddhi Tulshian

81002140052

In the case of a large number of them (many of them were Afghan Sikhs and Afghan Hindus)
who had to flee from Afghanistan under circumstances which fulfilled one or more of the
grounds specified earlier for being treated as a refugee, the GOI did not officially treat them
as refugees. However, the UNHCR with the consent of the GOI recognised them as refugees
under its mandate and is rendering assistance to them. In such cases, even though the local
Government is kept in the picture, the UNHCR becomes responsible to look after them as
well as administer them and also to ensure that such refugees do not in any way violate the
code of conduct governing them.
The Supreme Court of India has in a number of cases stayed deportation of refugees such as
Maiwands Trust of Afghan Human Freedom vs. State of Punjab 12; and, N.D.Pancholi vs.
State of Punjab & Others. In the matter of Malavika Karlekar vs. Union of India 13 , the
Supreme Court directed stay of deportation of the Andaman Island Burmese refugees, since
their claim for refugee status was pending determination and a prima facie case is made out
for grant of refugee status. The Supreme Court judgement in the Chakma refugee case
clearly declared that no one shall be deprived of his or her life or liberty without the due
process of law. Earlier judgements of the Supreme Court in Luis De Raedt vs. Union of India
14

and also State of Arunachal Pradesh vs. Khudiram Chakma, 15 had also stressed the same

point.
Judiciarys Role in Protection of Refugees
The many cases decided in the Supreme court and the High courts provide guidelines to
protect and rehabilitate the refugees who come to India in abundance. The courts use the
constitutional provisions to protect the rights of the refugees.
Right to Refugee Status
In N.D Pancholi V. State of Punjab, the Supreme Court stayed the deportation order issued
against a Burmese refugee and allowed him to seek refugee status from the UNHCR office in

12 Crl. WP No.125 & 126 of 1986

13 Crl. WP No.243 of 1988.
14 (1991) 3SCC 544.
15 1994 Supp. (1) SCC 615.

Legal English

Page 13

Riddhi Tulshian

81002140052

New Delhi. In Dr. Malvika Karelkar V. Union of India,16 the Supreme Court stayed the
deportation
order issued against 21 Burmese refugees from the Andaman Islands and allowed them to
seek refugees status from UNHCR.
Right to basic amenities:
In Digbijay Mote V. Government of India17, public interest litigation was filed by an NGO
who was running a school for the Srilankan refugee students in Karnataka. A petition was
moved when the conditions became difficult to run the school. The government of Karnataka
through its Ministry of Women and Social Welfare undertook to provide financial assistance
to run the school. In Majid Ahmad Abdul Majid Mohd Jad Al Hak V. Union of India,18 court
held that basic amenities like food and medical care must be provided to the refugee while in
detention.
In K.A Habib V. Union of India,19 the Gujarat High Court decided that the principle of non
refoulement is encompassed in Article 21 of the Indian Constitution. It decided that two
refugees from Iraq could not be sent back to their home state if they had fear for their life and
security.
Indias international commitments
Though India does not have a uniform legal framework for protection of its refugees nor it is
a signatory to 1951 Convention and its 1967 protocol, it has committed to quite a few
international agreements.
India is a signatory to a number of United Nations and World Convention on Human Rights
on matters relating to refugees and asylum seekers. India became a member of Executive
Committee of High Commissioners program (EXCOM) in 1995.EXCOM is an organization
of UN which supervises the work of UNHCR. India voted positively to adopt the UN
declaration of Territorial Asylum in 1967. India has approved the International Covenant on
Civil and Political Rights (ICCPR)20 as well as the International Convention on Economic,

16 Criminal 583 of 1992 in writ petition

17 Writ Appeal No. 354 of 1994
18 Crl. WP No. 60 of 1997
19 CA 3433 of 1998),

Legal English

Page 14

Riddhi Tulshian

81002140052

Social and Cultural Rights (ICESCR)21 in 1976. India ratified the UN Convention on the
Rights of the Child in 1989.22 India also approved the Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW) 23 in 1974. India accepted the principle of
non-refoulement as envisaged in the Bangkok Principles, 1966.
The UNHCR has a key role to play in the protection and rehabilitation of refugees not
just in India but throughout the world. It offers assistance and guidance to apply for asylum
claims for people who do not get direct assistance from the government of India .In India, the
UNHCR conducts registration on regular intervals and protects the growing number of people
concern in Delhi through services, including legal, social and educational support, in areas
where they reside. UNHCR focuses on responding to people with specific needs through
collaboration with community- based and local NGO networks.

Attempt at fulfilling International obligations

India has taken various steps to fulfil International obligations with respect to refugees. Some
important ones are:
Entry to India
It should be borne in mind that India keeps in accordance to international treaties and
principles of non-refoulment. Further the refugees are not discriminated on the basis of their
caste, creed, religion or any other such factor. Let us look at some aspects of what Indian
government has to give to the refugees.
Freedom

20 10 April 1979
21 10 April 1979.
22 11 December 1992.
23 9 July 1993.

Legal English

Page 15

Riddhi Tulshian

81002140052

India itself being a secular state it generally provides refugees to practice any religion,
freedom concerning their movement and residence. In case of refugees whose entry into India
is either legal or is subsequently legalized, there is limited interference by the administration
regarding these basic freedoms. However, those refugees who enter India illegally or overstay
beyond permissible limits, have strict restrictions imposed upon them in accordance with the
statutes governing refugees in India i.e., The Foreigners Act, 1946, Foreigners Order,
Passport Act etc.

Work Permit
There is no concept of work permits in India, although refugees who are granted residence
permits do find employment in the informal sector, without facing any objection from the
administration. In fact, Tibetan refugees have been granted loans and other facilities for selfemployment. Similarly, most Sri Lankan Tamils have been granted freedom of movement
within the camp areas, enabling work facilities for them as casual labour. Similarly, Chakma
and Afghan refugees have also been engaging in gainful, even if it is in minor forms of
employment.

CHAPTER 4:
INDIA ON THE 1951 CONVENTION
1951 United Nations Refugee Convention relating to the status of refugee is the culmination
of an historical development. It was introduced in the wake of refugee movements in Europe
after World War II. 1951 Convention was enacted only for European countries and gave a
precise definition of refugee based on well founded fear of being persecuted. Persecution

Legal English

Page 16

Riddhi Tulshian

81002140052

may be defined as the sustained and systematic violation of human right due to the failure of
state protection to its citizen. As such, it applied only to persons who became refugees as a
result of events occurring prior to the Refugee convention's adoption. 24
Indias reasoning for not signing the Refugee Convention is the fear of infinite legal
responsibility for the vast numbers of people looking for shelter. The Indian government
believes such new pressures would damage the countrys economic and social balance.
Moreover, United States Committee for Refugee (USCR) cited the Indian government as
viewing the Refugee Convention a burden on the country. Moreover, the Indian government
argues its current refugee policy is in line with international norms.
India believes that the 1954 Convention basically deals with European refugees and does not
take into account the South Asian countries. Abiding with this convention will hamper with
Indian security and domestic laws and it is not relevant to the problems India face. Though
India is not signatory to the Convention it still abides by certain article as mentioned below:25
Article 7 as India provides refugees the same treatment as aliens.
Article 3 as India applies a policy of non discrimination.
Article 3A as no penalty on illegal entry.
Article 4 where religious freedom is guaranteed.
Article 16 as free access to the courts is provided.
Article 21 allows freedom of housing and refugees need not stay in camps.
Article 27 and 28 provides identity and travel cards to refugees.
Article 33 provides the principle of non-refoulement.

CHAPTER 5: LITERATURE REVIEW

The different articles and books on refugees and asylum laws basically emphasizes that there
is a dire need in India to formulate laws pertaining to refugees and asylum seekers. The
literature acknowledges the increasing demands being made on receiving countries and
reflects their attempts to balance humanitarian and moral imperatives against political and
24 Refugee Protection India,http://www.hrdc.net/sahrdc/resources/refugee_protection.htm
25 Policies and Laws towards refugees, Tapan
KBose,http://www.hrsolidarity.net/mainfile.php/2000vol10no10/745/

Legal English

Page 17

Riddhi Tulshian

81002140052

social pressures. The available literature on urban refugees generally argues that conditions
for urban refugees must be improved in the short term and does not emphasize the pursuit of
durable solutions for urban refugees. The majority of current articles contain varying levels of
discussion on local integration, resettlement and repatriation. Repatriation is rarely discussed
in the literature; it is argued that most refugees cannot return to their homelands, and even
those who can have little incentive to do so. Local integration and more specifically
economic integration are discussed most frequently in the literature. Resettlement also
receives strong coverage, most often perceived as a limited solution but one that has
ramifications on those refugees who remain in urban settings. Responses of countries to the
provision of services for them. While the literature emphasizes the importance of economic
integration and self reliance for urban refugees, some researchers propose legal status as a
crucial element of refugee protection. It is argued that local integration may only be viewed
as a true durable solution when national laws are put in place to ensure refugee protection.
Put differently, it is argued that urban refugees who experience systematic forms of legal,
social, racial and economic discrimination should not be considered by UNHCR to have
achieved a durable solution. This is particularly salient given that only refugees who have not
achieved a durable solution may be eligible for resettlement.

CHAPTER 6:
CONCLUSION AND SUGGESTIONS

Legal English

Page 18

Riddhi Tulshian

81002140052

India, though being a very large country with diverse needs, has not been negligent towards
the protection and rehabilitation of the refugees and asylum seekers. Our country has kept up
with the spirit of the UN as well as the International conventions, treaties and agreements.
This takes care of humanitarian grounds as well as the security and international relationships
of the country. If a law has to be formulated it should be made, considering the both legal as
well as the implicit human perspective that encompasses the matter. India as a leader in the
treatment of refugees in the South Asian countries needs to follow and formulate a
comprehensive law so as be able to bring the laws in conformity to the international laws and
agreements. In order for India to bring its refugee law into conformity with the international
community, only improving its domestic laws is insufficient because it will continue to reject
international assistance and monitoring of refugee groups. India should reform its refugee
policies and accede to the Refugee Convention or its Protocol. By enacting domestic law,
refugee can be distinguished from IDPs and can acquire specific protection. India is therefore
not required to sign 1951 Convention as protection is already been given by Indian
Constitution and judiciary. Now it is high time to think for a specific legislation on refugees
which can entertain the future upcoming refugees in India without any human right
violations.

Legal English

Page 19

Riddhi Tulshian

81002140052

BIBLIOGRAPHY
Sites referred:
Inidakanoon.com
Lawteacher.net
www.legalservices.com
www.scribd.com
www.businesstoday.com
www.pib.nic.in
www.hindubusinessline.com
www.financialexpress.com
www.ndtv.com
www.timesofindia.com
www.saiindia.gov.in
unhcr.org
worldlawdirect.com
Books Referred
International Refugee laws A Reader by B.S. Chimni
Bare act Constitution of India

Legal English

Page 20