India has a long tradition of accommodating refugees fleeing from persecution and security crises in neighbouring countries. This article discusses the status of refugees in India, the legislative framework to manage them, challenges faced by refugees, and controversial cases like the Rohingya refugees.
Recent Refugees Crisis: The Kuki-Chin Issue
Recently, turmoil hit close to home when several Kuki-Chin refugees from Chittagong Hill Tract Area in Bangladesh fled to Mizoram (India), fearing potential aggression from Bangladesh’s security forces. Mizoram Government promptly provided temporary shelter, food, and other forms of relief for these refugees, who are closely connected with the Chin-Kuki-Mizo communities in India.
Backdrop of the Refugee Influx
The Chittagong Hill Tracts (CHT) is an impoverished forested region in southeastern Bangladesh, bordering Mizoram, Tripura, and Myanmar. These tribal populations share ethnic links with tribes in adjacent areas of India, specifically Mizoram. Let’s not forget that Mizoram is already hosting nearly 30,000 refugees who have been fleeing conflict in Myanmar’s Chin state since mid-2021.
India’s Approach to Refugee Protection
India offers refugees protection services equivalent to those enjoyed by its own citizens. This includes Aadhaar cards and PAN cards for government-registered refugees, enabling their economic and financial inclusion. However, refugees registered with UNHCR, such as those from Afghanistan and Myanmar, do not possess government-issued documentation, restricting their access to government welfare schemes.
India’s Absence of Specific Refugee Legislation
India does not have specific legislation pertaining to refugees, despite the increasing influx. Though not a party to the 1951 Refugee Convention and its 1967 Protocol, which are critical legal documents on refugee protection, India boasts a strong record on refugee protection.
Refugees and Their Status in India
Since its independence, India has welcomed various groups of refugees from neighbouring countries, from the partition refugees from Pakistan in 1947 to the most recent Rohingya refugees from Myanmar in 2022.
Why is There No Specific Refugee Law?
The debate in India centers more around illegal immigrants seeking better economic opportunities rather than refugees fleeing from persecution. Additionally, the absence of legislation allows the Indian government flexibility when handling different sets of refugees.
Existing Legislative Framework for Handling Refugees
Current legislative acts such as the Foreigners Act of 1946, Passport (Entry into India) Act, 1920, Registration of Foreigners Act of 1939, and Citizenship Act, 1955, provide a structure for handling foreign nationals and refugees in India. The Citizenship Amendment Act, 2019, modifies the existing law to grant citizenship to certain persecuted minorities from Bangladesh, Pakistan, and Afghanistan.
Distinguishing Between Refugees and Migrants
While refugees are people outside their home countries due to threats to their lives or freedom, migrants leave their countries willingly for reasons such as work or study. It’s important to understand these differences as they affect how individuals are treated and protected under international law.
Recommendations for the Future
Moving forward, model laws on asylum and refugees drafted by the National Human Rights Commission (NHRC) but not implemented by the government could be revised and potentially enacted, providing legal sanctity and uniformity and ensuring human rights protection. Domestic legislation regarding refugees could deter oppressive regimes from persecuting their population and forcing them to flee to India. Lastly, protection measures for women and child refugees from violence and harassment need to be bolstered.
