REFUGEES RIGHTS IN INDIA

B.A.LLB, 6th semester

Faculty Submitted by:

(Ms. Garima Rajput) (Vikas soni)
Univ. Roll No.: 180281401009
 DECLARATION
We hereby certify that the project entitled “REFUGEES RIGHTS IN INDIA”

By Vikas soni, partial fulfillment of requirements for the award of degree of BA LLB
submitted in the Siddhartha Law College, Dehradun

is an authentic record of our own work carried out under the supervision of Ms. Garima
Rajput. The matter presented has not been submitted by me in any other University / Institute
for the award of LLB. Degree.

Vikas Soni

(univ. roll no.: 180281401009)

This is to certify that the above statement made by the candidate is correct to the best of my
knowledge.

Ms. Garima Rajput

 ACKNOWLEDGEMENT

It is my proud privilege to release the feelings of my gratitude to several

persons who helped me directly or indirectly to conduct this project work. I express my deep
sense of gratitude to MS. Garima Rajput, for their sincere guidance and inspiration in
completing this project.

I am extremely thankful to all the other faculties members of law department of

Siddhartha law college for their coordination and cooperation and for their kind guidance and
encouragement.

I also thank all my friends who have more or less contributed to the preparation of this
project. I will be always indebted to them.

The study has indeed helped me to explore more knowledgeable avenues related to my
topic and I am sure it will help me in my future
Introduction

In the whole around the world “Refugees” are facing many problems. There human rights are

infringed everywhere in the world. Article 1 of UNC (United Nation Convention. 1951),

defines the refugees as “persons who reside far from their origin country because of feared

persecution, violence, various conflicts and due to any other circumstances prevailing in their

country, which have seriously disturbed the public order of country and for which strict

international protection is needed. Human rights are those rights which every person need to

live a dignified life. The human rights give worth and dignity to individuals in society.

According to UDHR (United Declaration of Human Rights) it is the duty of the state to

protect the dignity and worth of the individual and also of the refugees and asylum seekers. It

is the responsibility of the countries that asylum seekers must not be put back in danger by

sending them back to the country where they face harassment.

With the advancement of time these rights have acquired the customary nature and the state is

under obligation to fulfil basic right of refugees. The conventions of 1951 and 1967 have

widen the scope of the convention as the non-signatory country also are under the purview of

these conventions. The development of Refugees jurisprudence clearly shows that the

protection is given to all types of refugees whether they have been forced to leave country

due to any ground like economic deprivation or to political refugees under the convention of

1951.

ICESC (International Covenant on Economic social and cultural rights) has developed and

enforced the protection of social economic and cultural rights as under Universal declaration

of Human rights, 1948. ICESC are not binding as it also depended upon the capacity of the

state to enforce these rights and requires a resource for it. Human rights interpretation tends

to include economic social and cultural rights along with civil and political rights. India has

followed a liberal policy of humanitarian protection for refugees and asylum seekers. It is
inhabited by several ethnic groups who came here and made it their homeland. The absence

of a specific refugee law could be attributed to the volatile situation of Indians in South Asian

politics and the threat of terrorism that this law faces. Even without specific laws, India has

met the needs of refugees who have fled their homeland to its territory.

HISTORY OF REFUGEES IN INDIA

India is the second Populated country in the world which has experienced the migration of
refugees lately. The migration in India has occurred due to Hindukush mountain in patkoi
ranges in east partition of India, due to which almost 20 million people after Independence
migrated and came to India. India set up many camps for the benefit of refugees, many
refugees also started to come to from Bangladesh as well. India passed the rehabilitation
financial administration act in year 1948, to look into the matter of refugees. A large number
of people got displaced from India to Pakistan, the problem became similar to refugees.
Similarly in 1959 Dalai Lama came to India as refugee with his follower as refugees and
India provided them political asylum to them. Many such incidents occur between 1983 and
1986. Though out its history some or other refugees are coming to India.

PROBLEM OF FORCED MIGRATION

Famous Jurist Immanuel Kant said that if a state is having federation with republican then it
is foundation for a peaceful world. Indian government is bound to protect their citizens right
and also of non-citizens living in its territory. The problem of forced migration is a common
phenomenon, while the people are forced to leave their country due to persecution.

India has always been as home for refugees, Indian philosophy concept of Vasudev
Kutambakam has its real application. It means that whole world is like one family and also
enshrines the concept of sympathy, solidarity, lenience and respect for Humans. Among
decades Indian have welcomed the refugees with open arms as jews are the old example of
this. These principals later took the shape of human right and many countries readily become
signatory to these documents collectively called will of human rights India has accorded
differential treatment to the refugees belonging to different countries. There were to major
refugees flows from Bangladesh and sri lanka. The Chakmas were provided with inadequate
facilites as conformed by national human right commission and repatriated in 1988.

Tibetan refugees on the other hand received far batter treatment In comparison to other
refugeed group with regarded to Sri Lanka , tamil refugees an official refugees determination
process has been practiced and the principal of non refoulement has been complied with.
Refugees who needed up in different refugees campus or different countries face any
problems with their life. They are subject to harsh living condition. They have limited
resource, live in tents, have limited food, water, clothing. They live without adequate shelter
and face many difficulties . those who do not join refugees camps and countries , often face
unexpected hardships, they also face cultural, language problem. They find it very hard to
continue with schooling and fail to understand and cope up. 2Most refugees take up
some or the other labour work in the country they feel unsafe in their country, because of
which they come to the new place but feel unhappy and unsafe here as well. Different
countries have different set of rule handling refugees, some countries grant citizenship in less
number of year than the other. The perks of being a refugees in one country different than the
other .they face discrimination, financial difficulties, and are psychologically affected The
international convention on status refugees, 1951 and the 1967 protocol attached to it. The
term refugees is restricted to a political refugees and refers to a person who has well founded
fair of persecution based on ground of race, religion, belonging to a political ideology. Today
there are 146 countries who have singed convention India is not one of them.

STATUS OF REFUGEES
Article 14 of the UDHR recognizes the right of person to seek asylum from persecution in the
other countries. This article forms the basis of the united nation convention relating to status
of refugees, 1951 hereinafter referred to as the 1951covention. This convention is the main
international document protecting the refugees across the globe and is a post world war
mechanism to protect people who are outside their country for fear of persecution. They are
either not able to get or are unwilling to take the protection of their own state. The
interpretation of the “persecution” under article 1 of the 1951 refugees convention should not
be restrictive nor influenced by the culture sensitivity of the judges and extend beyond nation
interest. These right are further supported including it as an inalienable right under article 6 of
ICCPR. The Vienna convention on law of treaties can be used to interpret the refugees
convention as a customary law. This is especially important for countries like India which are
not signatories to the refugees convention but are home to refugees various countries. The
question of dealing with refugees is complicated by the fact that India does not refugees
specific national laws. It is important to examine how India include the refugees from Tibet,
Sri Lanka, Bangladesh, and Myanmar. India is not a party to the 1951 convention or the 1967
portocol. An individual refugees is protected essentially under the Constitution of India since
there has been no domestic legislation passed on the subject of refugees. But the provisions of
these international Treaties have now acquired the status of customary international laws and
may be regarded as incorporated into the domestic law to the extent of their consistency with
the existing municipal law and also when there is a void in the municipal law. Also, article
51(c) of the constitution of India Advocates fostering respect for international law.

EVIDENCES REQUIRED TO CLIAM A REFUGEES STATUS

 In order for a claimant refugees to put forward a genuine claim for determine of
refugees status, it is crucial to accumulate all the documents that the claimant can
muster in support of the ground of persecution or fear thereof resulting in flight from
country of origin.
 The documentation may be in the form of an identity card of employment with some
government agency in the country of origin, or an identity card indicating
membership of a particular group. Production of the same would be evidence of a
claim of involvement with particular group and would also serve to prove the
claimant’s identity.
 Any other information that the claimant may be able to gather to prove specific
persecution or fear thereof, such as names of persecutors, leader of group involved in
committing persecution, details of area where persecution is committing will help
strengthen the case of claimant.

REFUGEES AND OTHER CATEGORIES OF ALIENS

Since these enactments do not make any distinction between genuine refugees and
other categories of aliens, refugees run a risk of arrest by the immigration authorities
and of their prosecution if they enter India without a valid passport/travel
documents. When a refugee is detained by customs, immigration or police
authorities for commission of any of the offences under the earlier mentioned
enactments, he is generally handed over to the police and a First Information Report
is lodged against him. According to the provisions of these statutes the refugee may
face forced deportation at the established sea ports, airports or the entry points at
the international border, if he is detected without valid travel documents. He may
also be detained and interrogated pending decision by the administrative authorities
regarding his plea for refugee/asylum. A refugee also faces the prospects of
prosecution for violation of the Registration of Foreigners Act, 1939and Rules made
there under and if he is found guilty of any offence under this Act he may be
punished with imprisonment which may extend to one year or with a fine up to one
thousand rupees or with both. However, in many cases the courts have taken a
lenient view in the matter of punishment for their illegal entry or illegal activities in
India and also, by releasing detainees pending determination of refugee status,
 staying deportation and giving them an opportunity to approach the United Nations
High Commissioner of Refugees (hereinafter referred to as UNHCR), refugees
continue to run the risk of apprehension, detention and prosecution for the violation
of the Foreigner’s Act, 1946 and the Foreigners Order,1948. The Indian Supreme
Court has also held that the government’s right to deport is absolute. ‘… the power
of the Government in India to expel foreigners is absolute and unlimited and there is
no provision in the Constitution fettering this discretion… the executive Government
has unrestricted right to expel a foreigner’. The refugees as a special class of aliens
do not posses any better rights than aliens in general.

PROTECTION OF REFUGEES & CONSTITUTION FRAMEWORK

A few article of the constitution of India are application to the refugees when they in India.
The most important article is article 21 which deals with right of life and personal liberty; it
applied to everyone irrespective of weather they are a citizen of India. Many judgement have
been given based on Article 21 on refugees. Article 14 guarantees the person right to equality
before the law. Article 5, 6, 7, 8, 9, 10,11, 20, 22 ,25-28, 32 226 also available for non-
citizens of India including refugees.

In the case of Louise De Raedt v. Union of India, The court held that the fundamental right of
life, liberty, dignity, are available to non- citizen of India

. In the case of vishakha v. state of Rajasthan, the court has held that “International
convention and norm are significant for the purpose of international of the guarantee of
gender equality, right to work with human dignity in article 14, 15, 19(1)(g) and 21 of the
constitution and the safeguards against sexual harassment implicit therein. Some fundamental
right are guaranteed to non-citizens of India.

The supreme court of India in a five beach decision in the case Col. A. S. lyer & ors. Etc vs.
V. Balasubramanyam & Ors. has clearly direction that there must not be any discrimination
between people on the basis of status. “The constitution goal is a break down inequalities
steadily between man and man, whether based on status or talent”.

In the case of NHRC V. State of Arunachal Pradesh, the government was asked by the court
to safeguard the life, health, of chakma that are in the state and that are in the state and that
their application for citizenship should be sent to the authorities concerned immediately. there
are definitely number of protection to the refugees living in Indian according to the
constitution of India but are hardly in practice. The cases and the provisions of the
constitution given a hint about intention to help refugee, but due to India own reason it
doesn’t sign any conventions related to it.

SUPREME COURT OF REFUGEES

 The Supreme Court has taken recourse to Article 21 of the Constitution in the absence of
legislation to regulate and justify the stay of refugees in India. In NHRC v. State of
Arunachal Pradesh, the Government of Arunachal Pradesh was asked to perform the duty of
safeguarding the life, health and well-being of Chakmas residing in the State and that their
application for citizenship should be forwarded to the authorities concerned and not withheld.
In various other cases, it was held that refugees should not be subjected to detention or
deportation and that they are entitled to approach the U.N High Commissioner for grant of
refugee status. In P. Nedumaran v. Union of India the need for voluntary nature of
repatriation was emphasized upon and the Court held that the UNHCR, being a world agency,
was to ascertain the voluntariness of the refugees and, hence, it was not upon the Court to
consider whether consent was voluntary. Similarly, according to B. S. Chimni9, the Supreme
Court has erred in concluding in Louis de Raedt v Union of India10 that there is no provision
in the Constitution fettering the absolute and unlimited power of the government to expel
foreigners under the Foreigners Act of 1946. With regard to adopting international
conventions in domestic laws, in Vishaka v. State of Rajasthan11, the Court observed that
reliance can be placed in international laws. Therefore, the question that arises is whether
India can refer to the 1951 Convention in interpreting the domestic legislation and whether it
is really necessary to ratify these conventions. It is to be noted that merely ratifying the 1951
Convention does not ensure that the asylum seekers will not be kept out and also Article 42
of the same Convention permits reservations with respect to the rights of refugees which will
defeat the purpose of ratifying the Convention. In the recent case where around 40,000
Refugees have come to India from Myanmar the Government on the basis of National
security and treat of terrorist elements entering through this rout refused to give rerfugee
status. The Supreme Court in Mohammad Salimullah and others V. Union of India and Ors
while deciding whether the Government could deport the Rohingya refugees, as minority.

INDIAN RULES AND LAWS ON REFUGEES

We only have the refugees and asylum (protection) bill of 2009 no define legislation
regarding. Refugees is available in India but the main legislation that support is the foreigners
act of 1946 which on the difference of alien and refugee create further persecution of the
refugee. The laws relation to refugees are.

 Citizenship Act 1955 (no.57 of 1955)

 Extradition Act 1962 (no.34 1962)
 Foreigners Act 1946 (no.31 of 1946)
 Illegal Migrant (Determination by tribunal) act, 1983 (no. 39 of 1983)
 India penal code act, 1860 (no.45 of 1860)
 Passport (Entry into India) act, 1920 (no. 34 of 1920)
 Passport act,1967 (no. 15 of 1967)
 Protection of human right act, 1993 (no.10 of 1994)
 Registration of foreigners act, 1939 (no.16 of 1939)

Refugees are considered under the term ‘alien’ in India. The term appears in
constitution of India (Article22), section Of the Indian civil procedure code, section 3
(2)(b) of the Indian citizenship act, 1955 as well as some other statutes. Most of the
act causes further complication to the refugees. The foreigners Act 1946 given the
official power to arrest or detain any foreigners no mere suspicion for non-
compliance. The current law in India are not sufficient in order to protect refugees
and need a much greater law for the protection of refugees. According to the
principle of non- refoulement, no country shall deport, expel or forcefully reture the
refugee back to his original territory against his will or if there is a reasonable threat
to his life, liberty and freedom.

Judiciary play an important role in protecting refugees, many cases gave landmark
judgements regarding refugees. The judiciary has made it easy with the concepts of
social action litigation.

Right to basis amenities: In Digbijay mote v. union of India, an NGO was running a
school for the sri lankan refugees, when PIL was made when the condition to run the
school was difficult, Ministry of women social welfare provided financial assistance
to the school. In Majid Ahmed Abdul Majid Mohd jad Al Hak v. Union of India,
basic amenities like food and medicines must be provided to the refugees who are in
detention.

Non-Refoulment and right to refugees status: In Malvikakarelkar v. Union of India,

The deportation order issued against 21 Burmese refugees were stayed by the SC and
allowed them to seek refugees status under UNHCR

INDIA STANCE 1951 CONVENTION

There are 144 signatories to the 1951 refugees convention, and India is not one of
them. The refugees convention is about the right of individuals who are refugees in
the other countries and responsibilities of the nation hosing them. India faces a lot
pressure from International bodies about it not being a signatory to the refugees
convention. Taking into consideration, the political, economic, ethical factors prevent
India from being a party to 1951 Refugees convention. India is a developing country
and it would be a burden if it complies with the convention and becomes a signatory,
and effect the security laws of India. It felt the convention is not related to the
problem arising in India, but it is applying some articles from the 1951 convention.
India believes even if it’s not a signatory, it would provide minimum reed for a
refugees. India has many problem with it border sharing countries, due to which it
took that decision. If it becomes a signatory, it will have to provided more and more
 resource and other thing for the refugees. After 1991, 1991 due to the execution of
Rajiv Gandhi by a sri Lankan refugee, India supported its stance for the very same
reason. Refugees damages the economy of India as well, as many come to India in
search of opportunities should India be signatory to the refugees convention or its
protocol is still a question that has both pros and cons.

ROHINGYA REFUGEES
Rohingya people are also known as Arakanese Indians who are stateless people from
Myanmar. They are declared by UN as the most persecuted minorities in the world. The
Rohingya population was denied citizenship according to the 1982 Myanmar nationality Law.
They had to flee due to the ongoing military crackdown by the Myanmar army. More than
6700 Rohingya’s were killed in August 2017. They are in heavy numbers in different cities in
India, but the government of India does not recognize them as refugees. Most of the refugees
have migrated to Bangladesh. There was a mass displacement of the refugees and forced
relocation. Rohingya refugees enter the country as it posed security threat 40,000 refugees
have taken shelter in Assam and West Bengal. There’s a threat because the Rohingya military
group has been declared terrorist by counter-terrorism authority of Myanmar. Many countries
urged Myanmar to end the violence against this minority to restore peace in the country.
China always stays away from internal interferences of other countries, but it mediated for
Myanmar and Bangladesh. Though Bangladesh has stood to help those refugees, its falling
short of resource. In the case of Dongh Lian khan v. Union of India the Delhi high court held
that the principle of non- refoulment is part of the guarantee under article 21 of the
constitution of India irrespective of nationality. In the case of NHRC v. ARUNCHAL
PRADESH, The supreme court held that the state is bound to protect the life and liberty of
every human being citizen or otherwise.

NON- REFOULEMENT

The basic principal of refugees law, non-refoulement refer to the obligation of state
not to refoulement or return, a refugees to “the frontiers of territories where his life or
freedom would be threatened on account of his race, religion, nationally, membership
of a particular social group or political opinion.” 1951 Convention relating to status of
refugees , article 33(1) non- refoulement is universally acknowledged as a human
right. It is expressly stated in human right treaties such as article 22(8) of the
American convention on human right and Article 3 of the convention against torture,
the latter of which was further interpreted in the Committee against torture’s general
comment no 4

UNHCR AND NHRC IN INDIA

UNHCR in India is participating very actively as the number of case regarding refugees is
increasing day by day. If some refugees goes back to his country after being a refugee in
India UNHCR watches if the person is going back voluntarily. It performs the function of
determination of refugees along with providing resource to them. UNHCR got involved since
the issue of Tibetan refugees and the Bangladesh crisis in 1971. The Delhi office of the
UNHRC works to help refugees become self – sufficient with assistance and income-
generating activates with the help of NGO’s. The main role of UNHCR in India is to make
sure that the refugees are not forced to go back tom their country from which they have fled
until the issue rest in their country.

NHRC i.e., National Human Right commission in 1994, gave direction to Tamil Nadu
Government to provide medical help to sri Lankan refugees. In 1955, it filed a PIL on
Arunachal Pradesh government regarding the government not supporting Chakmas, and got
the decision of the court ordering the government to provide necessary help to the group. It
get involved in all the refugees issues in India and provides some or the other help required.

NEED FOR DOMESTIC LAW

India doesn’t have any separate law for the refugees, but it desperately needs one considering
the recent issues and many more issues that may come in the future. Until a law is made,
India continues to hold refugees depending on the country of them and political
considerations. Thought NHRC has submitted many report about the need for Indian to have
a law based on refugees but no response to them. A law is required so that all refugees will be
handled equally and correct provisions are made for them during the crisis. The law should
also include the provisions for internally displaced people as well. All existing acts that make
the refugees suffer more must be replaced with new law; the law make the procedure for
granting a refugees status easier. It will also help end the discrimination against refugees in
India, and help the refugees in all ways possible for their development.

INTERPLAY OF HUMAN RIGHT LAW REFUGEES LAW,

HUMANITARIAN LAW
Both Refugees Law and human right law often co-exit and overlap each other in several field.
International Humanitarian law and Human Right law being the distinct branches of overlap
as well, as one deals with the protection or a person from abusive power and the other one
deals with the conduct of parties to an armed conflict. In the case of protection of the person
in the power of a party to the conflict both humanitarian law and human right law reinforces
each other mutually. Humanitarian Law deals with the conflict and while refugees law deals
with people that flee due to the conflict. In the case of protection of the person in the power
of a party to the conflict both humanitarian law and human right law reinforce each other
mutually. Humanitarian law deals with the conflict and while refugees law deal with the
people that flee due to the conflict. They both go hand in hand due to that. Coming to
interplay of Human right forceful repatriation. On the whole none of the laws work
independently but do hand in hand with each other. some of the principle or ideas are
borrowed or adopted from each other as well.

INTERNATIONAL LAWS AND CONVENTIONS ON REFUGEES

There are any declaration conventions, regarding refugees. Some of them are convention
relating to the status of refugees (1951) and protocol (1949), convention relating to the status
of stateless person (1954), UN declaration on territorial asylum (1948), Universal declaration
of human right (1948), convention on the Elimination of discrimination against women
(1979), International convention civil and political right, convention on the reduction of
statelessness (1961), Guiding principle on internal displacement (1998). Some of the regional
refugees laws are Catagena declaration (1984), Asian African legal consultative committee
principle

The UN Convention relating to the status of refugees of 1951 was adopted on 28 July 1951
and entered into force on 22 April 1954. It erases previous law set a most comprehensive
codification of the right of refugees. The convention deals with general provision, juridical
status, Gainful employment, Welfare, Administration measure, Executory and transitory
power. These chapter are very well defined and the serve the purpose of helping refugees.

Article 1give the definition to the term ‘refugees’ Article 12, 13 deal with personal status and
Moveable and Immovable property respectfully. Article 16 deals with access to courts. As
the 1951, convention covers only those persons who have become refugees as a result of
event occurring before 1951, protocol relating to the status of refugees was entered into force
on 4 October 1967, because new refugees situation have arises after the convention and the
new refugees did not fall under the convention. So, to ensure equality of all refugees, this
protocol covered that.

INDIA’S REFUGEES POLICY

The objective of immigration is gaining citizenship or nationality in a different country. In
India, the provisions of the constitution mainly govern the law relating to citizenship or
nationality. The constitution of India provides single citizenship for the entire country. The
provisions relating to citizenship are contained in Article 5 to 11 in part II of the constitution
of India. Article 5 states that at the commencement of the constitution, every person
belonging to the following categories, who has his domicile in the territory of India, be a
citizen of India:

 Who was born in India; or

 Either of whose parents was born in territory of India; or
 Who has been ordinarily resident in the territory of India for not less than five year
immediately preceding such commencement.

There are numerous aspects pertaining to refugees, which are of major importance
both to India, as a country and to the refugees, particularly arising out of the role of
some of the neighbor’s in this regard, an utterly humanitarian matter like the
refugees has come to be influenced by consideration of national security.

While law and order is a state subject under the constitution, international relations
and international border are under the- exclusive purview of the union government.
This resulted in a variety of agencies, both of the central as well as the state
government, having to deal with refugees matters connected with law enforcement.
Also, all policies government refugees are laid down by the union government
though the impact of the refugee problem as such has to be borne by the state
administration to a degree if not wholly.

They have to make sure that the laws of the land are enforced in regard to refugees
without in any way ignoring or neutralizing security consideration. But, at the same
time, it is also responsibility that the humanitarian overtones so characteristically
and inseparably association with refugees in general, are not lost sight of. It should
be appreciation that a person become a refugees because of circumstance, which are
beyond that person’s control, often poignant.

She/he left with no option but to flee from human right violation, socio-economic
and political insecurity, generalized violence, civil war or ethnic strife all these
leading to fear of persecution.

Article 1 para 2 of the 1951 united nation convention define ‘refugees’ as “A person
who owing to well founded fear of being persecuted for reason of race, religion,
nationality, membership of a particular social group or political opinion, is outside
the country of his nationality and is unable or, owing to such fear, unwilling to avail
himself of protection of that country.”
There are four well-defined group of foreigners who as different from ‘refugees’.
These categories are:

Temporary resident, tourists and travellers

Person under this category come to India for a specific purpose and duration with the
prior permission of the government of India. In certain circumstances anyone in this
category could become eligible for being a refugees, if, during their sojourn in India.
The situation in their country of origin becomes such as to endanger their country of
origin becomes such as the endanger their live and liberty if they were to return to
their country.
Illegal economic migrants

Any foreigner who might have left his or her country of origin without due to
authorization from the authorities concerned, both in the country of origin as well as
the country of destination, solely to improve his or her economic persecution or
coercion compelling the individual to leave the country of origin.

Criminal, spies, infiltrators, militants etc

None of these can ever become eligible to be refugees. They have to be dealt with
under the provision of the Indian criminal laws in forces even though some of them
may be in possession of valid travel document.

Internally displaced person (IDP)

Those person, who are fleeing persecution and human right violations from one
region of the country and have sought refuge in another region of the same country,
fall under this category. Such person cannot be categorized as refugees as they have
not crossed any international border. Moreover, they have the protection of their
national government. These person are categorized as ‘internally displaced person’
(IDP).

Even though India has been the home for a large number and variety of refugees
throughout the past, it has dealt with the issue on a bilateral basis. It has been
observing a refugees regime which generally conforms to the international
instruments on the on the subject without, giving formal shape to the practice
adopted by it in the form of a separate statue. Refugees are no doubt ‘foreigners’.
Even thought there may be a case to distinguish them form the of the ‘foreigners’,
the current position in Indian law, both general special, which are otherwise
applicable to all foreigners. This is because there is no separate law to deal with
‘refugees’. For some reason, case for refugees ‘status’ are considered on a case-by
case basis. UNHCR often plays a complementary role to the efforts of the
government, particularly in regard to verification about the individual’s background
and the general circumstances prevailing in the country of origin. That agency also
plays an important role in the resettlement of refugees etc.

CONCLUSION

The absence of a specific domestic law and ad hoc asylum status management might
takes away its soft power robbing it of the credibility in International arena in spite
of accommodating so many groups of refugees even before the International rules
for refugees were developed. Lack of a strong political will is also among the chief
concerns. The issue of illegal migrations becomes important during elections when
political parties can take advantage of these groups. India being one of developing
countries and a deserving candidate for a permanent member of the UN needs to
make its laws in compliance with the International regime. This is because even
without the municipal laws India is inundated with refugee influx from different
countries and it has more than often dealt with the refugee issues very humanely
Tibetan and Sri lankan refugees being good examples. Migration is continuing to
grow and the reasons are varied it is time India adopted laws to deal with the issues
so that there is transparency in administrative action. The process of deciding who is
a refugee is also unclear. While the Indian government deals with asylum-seekers
from Tibet and Sri Lanka, the office of UNHCR in New Delhi deals with asylum-
seekers from other countries. There is need for greater coordination between Indian
Government and UNHCR.