The recent ruling of the High Court of Manipur ordering safe passage for seven Myanmar nationals who found themselves stranded at a border town has pushed the matter of India’s refugee policy into the spotlight. The individuals have been allowed to travel to the United Nations High Commissioner for Refugees (UNHCR) in New Delhi, after secretly entering India following a military coup in their home country.
Manipur HC’s Observations
India does not have a clear-cut policy framework for refugees, as highlighted by the Manipur High Court in its observations. Despite this, the country grants asylum to many refugees from neighbouring nations, demonstrating respect for the UNHCR’s designation of asylum seekers status, primarily refugees from Afghanistan and Myanmar.
While India is not part of the UN Refugee Conventions, it adheres to the Universal Declaration of Human Rights of 1948 and the International Covenant on Civil and Political Rights of 1966. Article 21 of the Indian Constitution embodies the right of non-refoulement, an international law principle safeguarding refugees from being forced to return to their countries.
Understanding India-Myanmar Border
A long-standing relationship exists between the people of the bordering states of India and Myanmar. With a border spanning 1,643 km, multiple Indian states such as Arunachal Pradesh, Nagaland, Manipur, and Mizoram share significant boundaries with Myanmar. The border is porous and unfenced, allowing for unhindered movement between the two nations.
A Free Movement Regime (FMR) allows citizens of hill tribes from both countries, residing within 16 km of the Indo-Myanmar Border (IMB), to cross the border and stay for up to two weeks per visit. This is facilitated by a border pass that holds validity for one year.
Recent Influx of People from Myanmar
India is no stranger to the influx of refugees from Myanmar, especially the Rohingyas, who are ethnic Muslims residing in Rakhine province in the Arakan region. Violent clashes in the Arakan area since 2012 have resulted in approximately 1,68,000 Rohingyas fleeing their home country.
The situation has escalated post the military seizure of power on 1st February 2021, leading to an increased number of refugees, including democracy activists and policemen refusing to fire at protesters, seeking asylum in India.
India’s Perspective on Refugees
As a nation that has historically welcomed refugees, nearly 3,00,000 individuals currently residing in India are categorised as refugees. However, owing to its non-participation in the 1951 Refugee Convention or its 1967 Protocol and the absence of a national refugee policy or law, India retains its flexibility in dealing with refugees. This enables the government to declare any set of refugees as illegal immigrants, irrespective of UNHCR verification.
The enactment of the Citizenship Amendment Act, 2019, saw India inching close to a refugee policy, though it discriminates between refugees based on religion while offering Indian citizenship.
UN Refugee Convention 1951 and the UNHCR
The United Nations Refugee Convention 1951 is a multilateral treaty established by the United Nations that outlines who qualifies as refugees, the rights of individuals granted asylum, and the responsibilities of the nations granting asylum. It excludes certain groups like war criminals from qualifying as refugees.
The convention builds on Article 14 of the Universal Declaration of Human Rights 1948 and recognises the right for individuals to seek asylum from persecution in other countries. However, India does not participate in this convention.
The United Nations High Commissioner for Refugees (UNHCR), also known as the UN Refugee Agency, was established in 1950 with the goal of saving lives, protecting rights, and building a better future for refugees, forcibly displaced communities, and stateless people worldwide. It is based in Geneva, Switzerland.