Refugees in India have been a subject of legislative and policy discourse, especially with regard to the Foreigners Act of 1946 and the Citizenship Amendment Act, 2019 (CAA). The situation has been placed under renewed focus following the ongoing crisis experienced by the Chin-Kuki-Mizo group, who have sought refuge in India.
Current Crisis Faced by Chin-Kuki-Mizo Group
Recently, the Zo Reunification Organisation (ZORO), representing the Chin-Kuki-Mizo communities, appealed to India for assistance. They sought intervention against the “policy of extermination” faced by Ethnic Minorities living in the Chittagong Hill Tracts (CHT) of Bangladesh. Over 300 people belonging to this group have taken shelter in Mizoram’s Lawngtlai district since November 2022. This move was prompted by an alleged offensive by the Bangladesh army, acting in collusion with the Arakan Army, a Rohingya Muslim extremist group.
Their Issues in Bangladesh
The constitutional and human rights of the Kuki-Chin tribes are being violated in CHT unchecked. This area, a 13,000 sq. km hilly, forested region in south-eastern Bangladesh, shares borders with India’s Mizoram and Tripura and Myanmar’s Chin and Rohingya-inhabited Rakhine States. Historically, these tribes enjoyed self-governance, but the annexation of the CHT by the British in 1860 exposed them to external pressures. Following Bangladesh’s independence, the Kuki-Chin people faced discrimination and land encroachment from the government.
Demands of the Chin-Kuki-Mizo Group
The Kuki-Chin tribes are demanding a separate State to counter the influx of non-tribal people into their ancestral lands. ZORO has reached out to India, requesting intervention with the Bangladeshi government to stop the abuse of Kuki-Chin people’s rights.
India’s Refugee Policy
India does not have a specific legislation addressing refugees. While India is not a signatory to the 1951 Refugee Convention and its 1967 Protocol, it has a reputable track record in refugee protection. Indian law also respects the principle of non-refoulement, which prevents the forced return of individuals to countries where they face persecution.
Status of Refugees in India
Since independence, India has accepted various groups of refugees from neighbouring countries, including partition refugees from Pakistan in 1947, Tibetan refugees in 1959, Chakma and Hajong from present-day Bangladesh in early 1960s, and others from Sri Lanka and Myanmar.
Current Legislative Framework for Refugees
The Foreigners Act of 1946 grants the Central government powers to detect, detain and deport illegal foreign nationals. The Passport (Entry into India) Act, 1920, and Registration of Foreigners Act, 1939, concern the regulation of entry and registration of foreigners. The Citizenship Act, 1955, discusses issues related to citizenship, and its amendment in 2019 allows for certain persecuted minorities to seek Indian citizenship.
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