DOES INDIA NEED A REFUGEE AND ASYLUM POLICY?

WHY IN THE NEWS?

Currently, India does not have a specific law for refugees and asylum-seekers from other parts of the world. But it is questionable that refugee flows to India are unlikely to end any time soon on account of the unstable neighboring countries.

WHO IS A REFUGEE, AN ASYLUM SEEKER, AND A MIGRANT?

REFUGEE

• A refugee is a person who has fled their own country because they are at risk of serious persecution and violation of their human rights.
• Moreover, their government is not in a position to protect them from those dangers or stop the atrocities happening there.
• The persecution can happen on multiple grounds such as religious persecution, political persecution, setbacks from natural disasters, and civil wars like in Sri Lanka.

ASYLUM SEEKERS

• An asylum-seeker is a person who has undergone persecution and serious human rights violations and is seeking protection in another country.
• However, he/she hasn’t yet been legally recognized as a refugee and is waiting to receive a decision on their asylum claim from host countries.
• The receiving countries have to verify and recognize the asylum seekers
• Every asylum seeker need not be a refugee.
• For example- Taslima Nasreen, the noted Bengali feminist writer sought asylum in India after her liberal writings in Bangladesh.

MIGRANTS

• Migration is a different term where people move from one country to another in search of better facilities, better economic opportunities, and to achieve a better standard of living.
• Others feel they must leave because of poverty, political unrest, gang violence, natural disasters, or other serious circumstances that exist there.
• The person who moves countries through migration is called a migrant. Migration is always legal and they are not asylum-seekers or refugees.

RELEVANCE OF HAVING A GLOBAL REFUGEE POLICY

• Refugee and asylum seekers policy enables the world to promote Universal Brotherhood and greater human values across the world.
• Helps to lead a peaceful co-existence of different cultures of people under one planet.
• Humanitarian assistance- Earlier, people from Syria and Iraq moved to European countries by crossing the Mediterranean Sea by facing pathetic conditions, and many people got submerged.
• We have an example of “Alan Kurdi” a two-year-old Syrian boy, whose image of lying dead on the beach in 2015 made global headlines.
• The ongoing Ukraine-Russia war where around 26 Lakh people already fled Ukraine shows the significance of having a holistic refugee policy.

UNITED NATIONS CONVENTION ON REFUGEES

• In aftermath of World War II (1939-1945), millions of people fled their homelands and were forcibly displaced, deported, and resettled in other countries.
• Throughout the 20th century, the international community steadily assembled a set of guidelines, laws, and conventions to ensure the adequate treatment of refugees and protect their human rights.
• In July 1951, a diplomatic conference in Geneva adopted the Convention Relating to the Status of Refugees (‘1951 Convention’), which was later amended by the 1967 Protocol.
• Initially, the 1951 Convention was more or less limited to protecting European refugees in the aftermath of World War II, but the 1967 Protocol expanded its scope as the problem of displacement spread around the world.
• The cornerstone of the 1951 Convention is the principle of non-refoulment contained in Article 33. According to this principle, a refugee should not be returned to a country where he or she faces serious threats to his or her life or freedom.

Other rights contained in the 1951 Convention include:

• The right not to be expelled, except under certain, strictly defined conditions (Article 32)
• The right not to be punished for illegal entry into the territory of a contracting State (Article31)
• The right to work (Articles 17 to 19)
• The right to housing (Article 21)
• The right to education (Article 22)
• The right to public relief and assistance (Article 23)
• The right to freedom of religion (Article 4)
• The right to access the courts (Article 16)
• The right to freedom of movement within the territory (Article 26)
• The right to be issued identity and travel documents (Articles 27 and 28).

DOES INDIA, A SIGNATORY TO THE CONVENTION?

India is not a party to the 1951 Refugee Convention and its 1967 Protocol, the key legal documents about refugee protection.

DOES INDIA PROVIDE ASYLUM?

Even though India has not signed UN Convention on Refugees, the Indian philosophy- “Atithi Devo Bhava,” meaning ‘Guest is equivalent to God, is imbibed in the Indian heart. India has been practicing this value system from the ancient period onwards.

1. Even before Christ, India had a history of giving asylum to Jewish people who were persecuted at the hands of the Babylonian Empire.
2. According to United Nations High Commission for Refugees, more than 250000 refugees were recognized by UNHCR in India.
3. Zoroastrian refugees-

• Parsis from Iran when the country was Islamised came to India and settled, now they are one of the most prosperous businessmen in India.

4. Tibetan Refugees-

• Dalai Lama and his 1 lakh followers were granted asylum in India when they were persecuted by Chinese authorities.

5. Victims of partition-

• India-Pakistan partition 1947 –India made adequate measures for the rehabilitation of refugees.
• Bangladesh liberation war 1971, when millions migrated to India to flee the conflict in Bangladesh.

6. Sri Lankan refugees-

• Civil War in Sri Lanka resulted in the migration of huge numbers of refugees from Sri Lanka who settled in Tamil Nadu.

7. Rohingya Refugees-

• The recent conflict in Myanmar resulted in a huge influx of Rohingya refugees in India.

8. Many refugees from Afghanistan and African nations such as Sudan, Somalia, and Nepal are seeking asylum, and India not even a signatory to the Refugee convention is giving asylum based on moral values.
9. Chakma Buddhists- Chakma Buddhists of the Chittagong region sought asylum in Mizoram, Arunachal Pradesh who were displaced from Bangladesh. With the National Human Right Commission’s continuous effort, Supreme Court had stated that the “life and personal liberty of every Chakma residing within the Migrant State shall be protected”.
10. Judiciary in its several verdicts delivered on the refugee needs and to have “Right to Dignified Life” for them.

A different view

1. The Supreme Court of India issued an order, allowing the deportation of Rohingyas from Indian territory.
2. Several Sri Lankan Tamil refugees were deported back to Sri Lanka after former Prime minister Rajiv Gandhi’s assassination.

WHY GLOBAL COMMUNITY DEMANDS INDIA FRAME A REFUGEE LAW?

1. Uniformity- To ensure uniform laws, rules, and regulations to deal with the influx of refugees.
2. Adhoc policy- Drafting Adhoc policies to deal with asylum seekers leads to policy ambiguity. It is high time to frame a permanent refugee policy.
3. Inclusive protection- A mere acceptance of refugees may not be enough to ensure the fulfillment of basic human rights that are needed for them.
4. No space for confusion- There is a need for a policy to avoid confused identities. A legal framework will be required to deal with refugees and asylum seekers separately from indigenous communities.
5. Better knowledge-

• India is one of the largest peacekeeping mission operators. Thus, India must have a holistic idea about the deprived conditions of persecuted refugees that can better contribute to their protection.
• India is surrounded by destabilized neighbors who were having a history of refugee crises and currently experiencing the same in their own countries such as Myanmar, China, and Sri Lanka.

STATUS OF INDIAN LAWS DEALING WITH FOREIGNERS

1. Foreigners Act,1946- The act defines a foreigner as a person who is not a citizen of India.
2. Registration of Foreigners Act,1939- It is an act to provide for the registration of foreigners.
3. Passport Act,1967- The Passports Act is an act for the issue of passports and travel documents, to regulate the departure from India of citizens of India and for other persons, and for matters incidental or ancillary thereto.
4. Extradition Act,1962- It is an act to consolidate and amend the law relating to the extradition of fugitive criminals and to provide for matters connected therewith or incidental thereto.
5. Citizenship Act,1955- It is an actto provide for the acquisition and determination of Indian 

HOW IS INDIA INDIRECTLY OBLIGATED TO ENSURE REFUGEE RIGHTS?

By signing other important conventions which are intended to protect basic human rights and abide by India’s constitutional moralities.

1. UN Declaration of Human Rights, 1948- To ensure fundamental human rights, dignity, and worth of human beings are universally protected. It is to promote equal rights for men and women and determined to achieve social progress and better standards of life in larger freedom.
2. International Covenant on civil and political rights- The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treatythat commits states parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
3. International Covenant on Economic, Social, and Cultural rights- Recognizes the inherent dignity and equal and inalienable rights of all members of the human family and considers it as the foundation of freedom, justice, and peace in the world.
4. UN Convention against Torture- It is an international human rights treaty, under the United Nations, that aims to prevent tortureand other acts of cruel, inhuman, or degrading treatment or punishment around the world. India is one of the countries that have signed, but not ratified the United Nations Convention Against Torture.
5. Principle of non-refoulement- Under international human rights law, the principle of non-refoulement guarantees that no one should be returned to a country where they would face torture, cruel, inhuman, or degrading treatment or punishment, and other irreparable harm. This principle applies to all migrants at all times, irrespective of migration status.
6. Indian constitution

• Fundamental Rights- Right to equality under Article 14, Right to life and personal liberty under Article 21 obligates India to ensure adequate safeguards for the refugees.
• Directive Principles of State Policy- Article 51 of the Constitution directs the state to promote international peace and security and maintain just and honorable relationsbetween nations. It further directs the state to respect international law and treaty obligations and settle disputes peacefully.

WHY DOES INDIA REFUSE TO SIGN UN CONVENTION ON REFUGEES?

1. Geographical limitation – The convention initially concentrated on European countries, not covering entire humanity. The convention was framed as Euro-centric.
2. Temporal limitation – Time limits initially restricted the convention to persons who became refugees due to events occurring in Europe before 1 January 1951.

1967 Protocol

An amendment to the 1951 Convention was made through the 1967 protocol. The 1967 Protocol broadens the applicability of the 1951 Convention. The 1967 Protocol removes the geographical and time limits that were part of the 1951 Convention. These limits initially restricted the Convention to persons who became refugees due to events occurring in Europe before 1 January 1951.

REASON WHY INDIA TODAY IS NOT INTERESTED IN SIGNING CONVENTION OR FRAMING REFUGEE LEGISLATION

1. Security concerns

• Refugee influx poses severe internal security threats, especially in the North-eastern states.
• Fuels the already existing separatist tendencies. For example- the “Bodoland statehood movement” where people demanded a separate state for safeguarding their rights.

2. Demographic issues

• Illegal migration often raises the “son of the soil” sentiments among the natives of the region which finally cause disharmony for the mutual-coexistence.
• The motive of the National Register of Citizens (NRC) in Assam state was to identify Indian citizens in Assam amid “unabated” migration from East Pakistan, now Bangladesh during the Liberation war 1971.

3. Porous Borders

• Border management in India has been characterized by security ambivalence and a lack of strategic thinking.

This is evident from:

• The absence of a policy to check infiltration/illegal migration from the eastern borders.
• Inability to stop or contain cross-border terrorism; Eg:  Pathankot Cross border terrorism.
• Trafficking in drugs and other contraband including fake currency.

 For example, India is sandwiched between the Golden Triangle (Myanmar, Thailand, and Laos) and the Golden Crescent (Afghanistan, Iran, and Pakistan) which increases its vulnerability to the trafficking of drugs.

4.Resources

• India, the second most populous country which soon expects to surpass China in terms of population is already facing a resource crunch to meet its needs.
• Pressure on natural resources automatically increases with the influx of refugees.
• However, several countries’ situations were different as they have less population and large geographical space which can absorb refugees.

5.Lack of Confidence in United Nations High Commission for Refugees

• During Bangladesh Liberation War 1971, UNHCR failed to serve the needs of India, not recognizing the devastating persecution in East Pakistan.
• Pakistan military suppressed the people where lakhs of people migrated to India from present Bangladesh.
• Therefore, the lack of credibility issue on UNHCR is another concern for India.

REFUGEES ARE VALUABLE: WHY?

1. Epitome of skills

• Refugees from different worlds integrate different skills that can be utilized for India’s further economic growth. For instance, the Parsis are rich businessmen in the present scenario.

2. Brings productivity

• Better utilization of demographic sources across the world intensifies the productive capacity of the host countries.
• Cultural diversity
• Humanitarian values such as tolerance, and compassion can be transferred to society.

CAN INDIA AFFORD REFUGEES IN THE PRESENT CIRCUMSTANCES?

• India is already bleeding herself due to Internal security concerns such as separatist tendencies, mob lynching, and Left-wing extremism.
• The refugee issues are still sustaining from the previous acceptances of refugees.

WAYFORWARD

1. Proper legal frameworks- India has to devise proper legislation on refugee acceptance according to the country’s specific requirements.
2. Champion of democracy- India, the Viswaguru needs to transform its moral values and philosophies into legal measures to protect the rights of the people.
3. A National Immigration Commission can be appointed to frame a National Migration Policy and a National Refugee Policy for India
4. Constructive arguments- Discussions and deliberations at UNSC can bring comprehensive global refugee policy.
5. Out-of-the-box solution- Devise situational policies to help refugees and asylum seekers in their vulnerabilities. For example- India’s humanitarian aid to Afghanistan in terms of medical assistance and food grains is a guiding example.

CONCLUSION

Though India does not have an extrinsic policy, it has given asylum to many and is concerned in matters of refugees. So, what we need today is to make the intrinsic aspect extrinsic through appropriate laws and policy.The absence of a legal framework results into adhoc-dealing of refugee influx in India. The need of the hour is to better formulate a comprehensive India-specific Refuges policy to air out all procedural bottlenecks. At the same time, the intake of refugees should not be made at the cost of the native population. The Indian philosophy of “Vasudeva kudumbakam” where the whole World is One Family can be followed in letter and spirit by devising a clear-cut refugee policy.

QUESTION

Indian treatment of refugees does not deal with an extrinsic policy but intrinsic value system, Comment. What are the challenges in bringing refugee laws in India? (250 Words, 15 Marks)