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Need For A Refugee Law In India

United Nations High Commissioner for Refugees (UNHCR) report gives an estimate of more
than 60 million refugees seeking refuge worldwide, with India sheltering more than 32,000 of
them who are facing charges of violence and severe persecution in countries such as
Afghanistan, Iraq, Myanmar, China, Somalia, etc. India has also been an asylum for around
1,75,000 refugees from countries like Sri Lanka and Tibet for over many decades now. The
heinous factors responsible for people becoming refugees and running away and searching for
safety are war, domestic violence, human trafficking, natural disasters, environmental
displacement and climate change. If these factors aren't curbed or rectified, more and more
people are going to wander around for a place they can call home.

Legal and Policy Framework Around Refugees in India

Even though India has not signed any written agreements to shelter the refugees
like the 1951 United Nations Refugee Convention or its 1967 Protocol, it has
still lent a hand in making the world a better place, despite of not even having a
refugee law. Since India has no domestic laws for this issue, the policy is solely
based on a collaborative judgment taken on the bases of judicial
pronouncements and ad hoc executive policies. The Foreigners Act of 1946
lays down the ground rules for entry and exit of foreign nationals in the county

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but fails to recognize refugees as a special case that requires humanitarian
protection and exclusive attention. There is also no systematic procedure to
identify refugees from other foreign nationals. While the Indian government looks
after the settlement of Tibetan and Sri Lankan refugees, the UNHCR office in
New Delhi provides safety and settlement to refugees from other nations.

Indias contentions with Refugee convention

The UN Refugee Convention or 1967 Protocol when signed by a country,


requires it to provide all the 34 rights and freedoms mentioned in the
convention for the refugees. This is one of the main reasons why India has been
hesitant in signing the same, because of various security compromising issues.
Not only does the migration of refugees to India upset the demographic
balance of the country, but as the South Asian borders are rather almost
freely permeable, any war-like situation could easily result in a mass inflow
of refugees. This puts a massive load on a nation's infrastructure and
resources and taking into account that India is still developing, it just may
not be able to stretch too far to accommodate family and guest.
Some scholars comment that India has adopted an unsure outlook and is
not very open and accepting towards the political or non-humanitarian role
of the UNHCR because of its uncooperative attitude during the
Bangladesh crisis of 1971.
Another important reason for India to not sign the Convention is that it
being a third world nation cannot provide the refugees with the rights
incorporated for them in the Convention.

What are issues of concern for refugees?


The Host country needs to face various issues concerning the refugees that require to be
resolved immediately. They are:
Mass migrations and asylum applications,
Naturalization of refugees,
Registration of new-arrival refugees,
Residence permits,
Renewal of refugee certificates,
Deportations,
Ethnic/ racial discrimination against refugees.

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What is the need for a law on refugees?

Indias ad hoc policy has caused havoc in dealing with refugees of different
nationalities due to its inconsistency. To further add to the evil of an unstructured
policy, the refugee policy too lacks uniformity. All the policies that apply to
refugees availing asylum in India should be consolidated and a uniform law
should be created to deal with it. This law should be a monumental reminder of
Indias historic role as a shelter provider to refugees, and should also incorporate
the rights and duties of refugees in India. An independent self-governing
National Commission should be established to assess and validate requests
and claims for asylum in the country. The refugee law will also guide the
enforcement authorities by laying down the ground rules validating refugees and
their reasons to request a settlement. This will ensure that only fewer people get
unlawfully detained for illegal entry. The policy will also empower the refugees
with the right to the opportunity for a fair hearing. By legitimizing their stay in
India, this law will allow refugees to overcome their past setback, feel safe and
help them to contribute towards their hosting nation during their stay in it.

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