INTERNATIONAL HUMANITARIAN AND REFUGEE LAW

INTERNATIONAL HUMANITARIAN & REFUGEE LAW

2ND INTERNAL ASSESSMENT

“HUMAN RIGHTS OF REFUGEES AND REFUGEE LAW IN

INDIA”

Submitted to Prof. Sujata Arya

BY-

KUSHAGER RELHAN

16010125160

IV YEAR

DIVISION- ‘B’

BA.LLB (HONS.)

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CONTENTS
INTRODUCTION ..................................................................................................................... 2

RESEARCH OBJECTIVE ........................................................................................................ 4

RESEARCH METHODOLOGY............................................................................................... 4

HISTORY OF REFUGEES ....................................................................................................... 4

A. History of Refugees in the World ................................................................................... 4

B. History of Refugees in India ........................................................................................... 5

MAJOR REFUGEE GROUPS .................................................................................................. 5

COUNTRIES PROVIDING SUPPORT TO REFUGEES ........................................................ 6

ROHINGYA REFUGEE GROUP ............................................................................................. 7

PROBLEMS FACED BY REFUGEES .................................................................................... 8

INDIA’S STANCE IN 1951 CONVENTION ........................................................................... 8

REFUGEE STATUS IN INDIA ................................................................................................ 9

A. Constitutional Protection ................................................................................................ 9

B. Laws in India and Role of Judiciary ............................................................................... 9

C. UNCHR and NHRC in India ........................................................................................ 11

D. Need for Domestic Law .................................................................................................. 11

INTERPLAY OF HUMAN RIGHTS LAW, REFUGEE LAW, HUMANITARIAN LAW .. 12

INTERNATIONAL LAWS AND CONVENTIONS ON REFUGEES .................................. 12

CONCLUSION ........................................................................................................................ 13

BIBLIOGRAPHY .................................................................................................................... 14

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ABSTRACT

The Refugee crisis has been a problem to which no solid solution is derived yet. Refugees are
found in all parts of the world and UNHRC is the global body dealing with refugee’s rights
and condition whilst NHRC is the national body dealing with the same for India. Ever since
World War II, which led to mass displacement of Palestinian, the refugee crisis has become
one of biggest problems in the world leading to focus on development of Human rights in
general. Since the partition, India has faced an issue of refugee crisis and recently other groups
have found shelter in India territory as well, such as Rohingya Refugee group, making India
one of the biggest Refugee shelter in the world. 1951 Refugee Convention, one of the leading
in the field, India not being a signatory to it has played a huge role in addressing the refugee
crisis globally. We only have the Refugee and Asylum (Protection) Bill of 2009, no definite
legislation regarding Refugees is available in India but there are other statutes which indirectly
deal with the same. Moreover, Indian Constitution has given certain amount of protection to
refugees in India but the problem is far from being solved, nationally and globally.

KEY TERMS: Refugees, UNHRC, HNRC, World War II, Palestinian, Partition, Rohingya,
Global, 1951 Refugee Convention, Refugee and Asylum (Protection) Bill, 2009, Human rights.

INTRODUCTION
Human Rights of Refugees are one of the major problems of the world. According to Article 1
of United Nations Convention on Status of Refugees, refugees are those who are “owing to a
well-founded fear of being persecuted for reasons of race, religion, nationality, membership of
a particular social group, or political opinion, is outside the country of his nationality, and is
unable to or, owing to such fear, is unwilling to avail himself of the protection of that country.”1

They move to other countries when their life is in constant threat due to various reasons and
not perfect for their healthy survival. Many countries in the world have a proper rule governing
refugees living in their country and the protection that should be given to them but in India,
there is no uniform legal framework.

1
Refugee Convention, 1951, Art. 1(A)(2).

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India is a country where there are many refugee groups from different countries, majorly from
its neighbouring countries. It doesn’t have any suitable refugee rules and is neither a signatory
to the 1951 UN Convention nor 1967 protocol on Status of Refugees. Many countries have
adopted binding regional instruments for the protection of refugees, but there is no instrument
to protect the refugees of the Asian region.2 India has followed ad-hoc policies about refugee
settlements since its independence. There are a large number of refugees in India due to its
geographic location, religious society, vast culture. Currently, Rohingya refugees are a major
concern to India. There are numerous aspects pertaining to refugees which are of major
importance both to India, as a country and to the refugees, particularly in the context of law
implementation.3 United Nations Human Rights Commission (UNHRC) and National Human
Rights Commission (NHRC) are the bodies of Human Rights of the UN and India respectively.
Major Refugee issue in India was because of the India-Pakistan partition of 1947, when there
were millions of population exchanges between these newly formed countries. Some major
Refugee groups in India are from Iran, Tibet, Bangladesh, Pakistan, Afghanistan, Sri Lanka,
Myanmar.

Jordan, Pakistan, Ethiopia, Iran, Turkey host the largest number of refugees as of 2016.4
Refugee protection is a great concern to the international community ever since the formation
of the United Nations and the issue hasn’t been solved yet. Migration was a problem ever since
the ancient times. Tribal people migrated in search of food, water, and resources, now the
refugees migrate for safety and other reasons.5 There are 15.2 million refugees worldwide and
1 million are waiting for their asylum application approvals.6 Refugees face many problems in
India as well as the whole world.

2
Patricia Hyndman, Developing International Refugee Law in the Asian Pacific Region: Some Issues and
Prognoses, ASIAN YEAR BOOK OF INTERNATIONAL LAW, Vol. I.
3
J. Fitzpatrick, Revitalising the 1951 Refugee Convention, HARVARD HUMAN RIGHTS JOURNAL, Vol. 9.
4
Admin, Which Countries host the most refugees? UNHRC,
www.unhcr.org/news/videos/2017/2/58b3f4714/which-countries-host-the-most-refugeesquest.html

5
Giselle Toledo, The protection of refugees and their right to seek asylum in the European Union,
INSTITUTEUROPÉEN DE L’UNIVERSITÉ DE GENÉVE, Vol. 70.
6
UNHCR, 2009 Global Trends: Refugees, Asylum-seekers, Returnees, Internally Displaced and Stateless Persons,
Division of Programme Support and Management, 2010.

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RESEARCH OBJECTIVE
The main objective of this research paper is to present the laws and rights available to refugees
in India and other countries, especially focusing only on India. It presents many aspects related
to refugees starting from the history of refugees and the current situation of them. United
Nations High Commissioner for Refugees (UNHCR) is the main organization to provide
international protection to refugees and assist them in other manners. In India National Human
Rights Commission (NHRC) is the body which was given statutory basis by Protection of
Human Rights Act, 1993 which is responsible to protect the refugees and promote human
rights. The paper also has the information about Laws and conventions regarding refugees.
Many countries like Australia, Brazil, China, etc. continuously provide support and legal
assistance to many refugees. There are a huge number of refugees in India but it has no specific
laws related to their rights. India’s is not a signatory to the 1951 Refugee Convention, and the
question is why? Is there a need for a South Asian Convention on Refugees? The Major refugee
crisis in the World is also an issue to the UN. This paper will inform research scholars and
refugees about the refugee laws, history, conventions and rights of refugees in India and the
world.

RESEARCH METHODOLOGY
In order to find the above information, a number of research methods were employed. The
doctrinal method of research was involved. The traditional methodology of research i.e., from
the research scholars, is used. Information related to conventions and other materials related to
UNHCR and NHRC are also used. Books on Human Rights to refugees, web articles, research
papers were also used. The analysis of rights of refugees in India is brought from the statutes,
case laws, books, articles, journals, webpages.

HISTORY OF REFUGEES
A. History of Refugees in the World
Asylum seekers are existing from many years, the early man used to migrate for finding food,
shelter and other resources. Around AD 600, the right to seek asylum in a holy place or a church
was codified in law by King Ethelbert of Kent. Many such laws were rising around Europe
during the Medieval Period which was the start of such provisions. But it was the 18th century
when it was required for people to show ID verification to cross borders in many countries.

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Many wars in the past were the main reason for the refugees to leave their places. The Balkan
Wars caused 80,000 refugees to migrate.7 The Civil war of Spain, USA, Russian Revolution
of 1917 also caused people to become refugees. The League of Nations was the body that
caused the first international refugee affairs.

The biggest Refugee crises occurred during the World Wars. The first world war lasted almost
4 years. One million refugees of Belgium went to the Netherlands and there on transferred to
the UK and other countries. France, Germany were also the worst affected. When Russia
attacked Prussia, 870000 fled.8 World War 2 was one such war which never happened in the
history of the world. By 1959 some 900,000 European refugees were taken by European
countries. And 461,000 had been accepted by the USA, and 523,000 by other countries.9 World
War 2 caused around 60,000,000 refugees in Europe itself.

B. History of Refugees in India

India is a very vastly populated country and is one of the countries experiencing refugees lately.
Migrations in the past occurred due to the Hindukush Mountains in the west and Patkoi ranges
in the east. Partition of India–Pakistan resulted in a huge number of people migrating. Almost
20 million came to India after India got its Independence. It had to set up many relief camps
addressing the huge number of refugees. People started coming in from Bangladesh, Pakistan.
It passed the Rehabilitation Financial Administration Act in the year 1948 to address these
issues with funding. A Huge number were displaced from India to Pakistan and vice versa and
the problem was much similar to Refugees. Another instance was in 1959 when Dalai Lama
and his followers approached India as refugees and India provided them a Political Asylum.
The year of 1971 saw many refugees travelling from East Pakistan to India. In 1983 and 1986
India had refugees coming in from Sri Lanka and Bangladesh respectively. At the end of 1992,
India has hosted 2,000,000 migrants and 237,000 displaced persons.10 India always has some
or the other Refugees coming in throughout its history.

MAJOR REFUGEE GROUPS

The worst affected situation in the history of the world was because of the World War 2, which
caused almost 60 million people getting displaced.5.1 million Palestinian have fled their homes

7
Erik-Jan-Zürcher, Greek and Turkish refugees and deportees 1912–1924, UNIVERSITEIT LEIDEN, 2003.
8
Peter Gatrell, Refugees and Forced Migrants during the First World War, IMMIGRANTS & MINORITIES,
2008.
9
MALCOLM J PROUDFOOT, EUROPEAN REFUGEES: 1939-1952, (Faber, 1957).
10
Prof. J.N. Saxena, Legal Status of Refugees: Indian Position, INDIAN JOURNAL OF INT. LAW, Vol. 26.

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because of the Israeli-Palestinian Conflict. Ever since the US launched a war on Iraq, 4 million
were displaced. According to UNHCR, 647,781 Vietnamese refugees are resettled around the
world, the war of Vietnam gave rise to 1.6 million refugees which included the mountain people
of Vietnam as well. Kakuma Refugee Group in Kenya are 184,550, refugees are from South
Sudan and Somalia. The refugee crisis in the Middle East and Africa caused almost 4.1 million
to flee from Syria itself.

Soviet Jews have been migrating to the Us for decades, almost 380,000 refugees have migrated.
Between 1945 and 1952, 137,000 Jewish refugees settled in The United States of America.
Refugees of Myanmar (Burma) fled the country during the Vietnam civil war and settled in
Australia, Canada, USA, New Zealand. In the recent years, Rohingya refugees which are a
group of Muslim minorities whose basic human rights were denied. 1000’s of them now live
in India, Bangladesh, and other countries. Rohingya’s were declared as most persecuted group
by UNHCR.

COUNTRIES PROVIDING SUPPORT TO REFUGEES

Many countries are actively helping and safeguarding refugees by providing them shelter,
medical help, and many other necessities. Due to the war in Syria, almost 4 million people fled
Syria since 2011 and 1 million settles in Lebanon. On the whole, Germany has taken 1 million
refugees in 2015 itself and provided them with all kinds of support. They welcomed them with
open hearts and even hosted banners in football stadiums stating “Welcome Refugees”. In
Germany, Right to Asylum is a constitutional right. The Asylum Act and Residence Act
provide rules and procedure for taking refugees. An in-person interview of the refugee is
conducted and experts of that country are consulted before accepting the application.

Sweden accepts refugees coming from the border and also accepts quota refugees from
UNHCR. In the year 2015, it took 160,000 applications for asylum and are given only
temporary residence, but before asylum seekers were given permanent residence. Refugees are
given many free services in the country. During the 2013 Iraq War, it took more number of
refugees than US and UK combined.11 Monetary Aid, Health Care, Schooling, Passports are
all provided to the refugees.

11
Ivar Ekman, Far from War, A Town with a Well-Used Welcome Mat, THE NEW YORK TIMES, 2000.

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Brazil has a constitutional provision that grants asylum to aliens. The accepted refugees are
allowed to freely move in the country and also select their place of residence as per the
Convention on Territorial Asylum. It is also a signatory to the 1951 convention on Refugees.

European Union objective was to establish a Common European Asylum System (CEAS).
Under CEAS, international protection is given to those who qualify as refugees due to a well-
founded fear of persecution. Right to Asylum and prohibition of refoulment is guaranteed by
the Charter of Fundamental Rights and 1951 Refugee Convention and its 1967 Protocol. The
CEAS is composed of a number of regulations and directives that require action by the EU
Member States. CEAS is composed of several directives and regulations which have been
recast previously. Many other countries provide support for refugees – Australia, Canada,
China, France, Italy, Kenya, Lebanon, Turkey, United Kingdom and many other countries.

ROHINGYA REFUGEE GROUP

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 2017.12 They are in heavy numbers in different cities
in India, but the government of India does not recognize them as refugees. Most of those
refugees have migrated to Bangladesh. There was a mass displacement of refugees and forced
relocations. Rohingya refugees face multiple protection risks as of December 2017. Though
India refused to let Rohingya refugees enter the country as it posed security threats, 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 up to help those refugees, it
falling short of resources. In the case of Dongh Lian Khan v. Union of India13 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 vs Arunachal Pradesh14,

12
McPherson, Poppy, 6,700 Rohingya Muslims killed in one month in Myanmar, MSF says, THE GUARDIAN,
2017.
13
Dongh Lian Khan v. Union of India, 2015 SCC Online Del 14338.
14
NHRC v. Arunachal Pradesh, 1996 SCC (1) 742.

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the Supreme Court held that the state is bound to protect the life and liberty of every human
being, citizen or otherwise. Even then India is not ready to take Rohingya refugees and help
them.

PROBLEMS FACED BY REFUGEES

Refugees who ended up in different refugee camps or different countries face many problems
with their life. They are subject to harsh living conditions. They have limited resources, live in
tents, have limited food, water, clothing. They live without adequate shelter and face many
difficulties. Those who do not join refugee camps and join countries, often face unexpected
hardships, they also face cultural, language problems. The refugee children are the ones facing
the most of the problems. They find it very hard to continue with schooling and fail to
understand and cope up. Most refugees take up some or the other labour work in the country
they are living and are exploited by the recruiters. 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 rules handling refugees, some countries grant citizenship in less number
of years than the other. The perks of being a refugee in one country are different than the other.
They face discrimination, financial difficulties, and are psychologically affected.

INDIA’S STANCE IN 1951 CONVENTION

There are 144 signatories to the 1951 Refugee Convention, and India is not one of them. The
Refugee Convention is about the rights of individuals who are refugees in other countries and
the responsibilities of the nation hosting them. India faces a lot of pressure from International
bodies about it not being a signatory to the Refugee convention. Taking into consideration, the
political, economic, ethical factors prevent India from being a party to 1951 Refugee
Convention. India is a developing country and it would be a burden if it complies with the
convention and becomes a signatory, and affect the security laws of India. It felt the convention
is not related to the problems 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 reeds for a
refugee. India has many problems with its border sharing countries, due to which it took that
decision. If it becomes a signatory, it will have to provide more and more resources and other
things for the refugees. After 1991, due to the execution of Rajiv Gandhi by a Sri Lankan
refugee, India supported its stance for the very same reason. Refugees damage the economy of

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India as well, as many come to India in search of opportunities.15 It is afraid that people may
come to the country names as refugees for various reasons and misuse the convention for better
opportunities. Should India be a signatory to the Refugee Convention or its Protocol is still a
question that has both pros and cons.

REFUGEE STATUS IN INDIA

A. Constitutional Protection
A few articles of the Constitution of India are applicable to the refugees when they are in India.
The most important Article is Article 21 which deals with Right to Life and personal liberty,
it applies to everyone irrespective of whether they are a citizen of India. Many judgements have
been given based on Article 21 on refugees.16 Article 14 guarantees the person right to equality
before the law. Article 5, 6, 7, 8, 9, 10,11,12, 20, 22,25-28, 32, 226 also available for non-
citizens of India including Refugees. In the case of Louis De Raedt v. Union of India17, the
court held that the fundamental rights to life, liberty, dignity are available to non-citizens of
India. In the case of Visakha v. State of Rajasthan18, the court has held that “International
Conventions and norms are significant for the purpose of interpretation of the guarantee of
gender equality, right to work with human dignity in Articles 14, 15 19(1)(g) and 21 of the
Constitution and the safeguards against sexual harassment implicit therein”. Some fundamental
rights are guaranteed to non-citizens of India. In the case of NHRC v. State of Arunachal
Pradesh, the government was asked by the court to safeguard the life, health, of Chakmas that
are in the state and that their application for citizenship should be sent to the authorities
concerned immediately.19 There are definitely a number of protections to the refugees living in
India according to the Constitution of India but are hardly in practice. The cases and the
provisions of the Constitution gives a hint about intention to help refugees, but due to India’s
own reasons it doesn’t sign any Conventions related to it.

B. Laws in India and Role of Judiciary

We only have the Refugee and Asylum (Protection) Bill of 2009, no definite legislation
regarding Refugees is available in India but the main legislation that supports is the Foreigners

15
Ranabir Samaddar, Refugees and the State, Practices of Asylum and Care in India 1947-2000, SAGE
PUBLICATIONS, 2003.
16
INDIA CONST., art. 21.
17
Louis De Raedt v. Union of India, 1991 (3) SCC 554.
18
Visakha v. State of Rajasthan, 1997 (6) SCC 241.
19
NHRC v. Arunachal Pradesh, 1996 (1) SCC 742.

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Act of 1946 which on the difference of Alien and Refugee create further persecution of the
Refugee. The laws related to refugees are:

a. Citizenship Act, 1955 (No.57 of 1955)

b. Extradition Act, 1962 (No. 34 of 1962)
c. Foreigners Act, 1946 (No.31 of 1946)
d. Illegal Migrant (Determination by Tribunals) Act, 1983 (No.39 of 1983)
e. India Penal Code Act, 1860 (No.45 of 1860)
f. Passport (Entry into India) Act, 1920 (No.34 of 1920)
g. Passport Act, 1967 (No.15 of 1967)
h. Protection of Human Rights Act, 1993 (No.10 of 1994)
i. Registration of Foreigners Act, 1939 (No.16 of 1939).20

Refugees are considered under the term ‘alien’ in India. The term appears in Constitution of
India (Article 22), Section 83 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 acts cause further
complications to the refugees. The Foreigners Act, 1946 give the officials power to arrest or
detain any foreigner on mere suspicion for non-compliance. The current laws 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-Refoulment, no country shall deport, expel or
forcefully return the refugee back to his original territory against his will or if there is a
reasonable threat to his life, liberty and freedom.21

Judiciary plays 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
and Public Interest Litigation.

Right to basic amenities: In Digbijay Mote v. Union of India22, 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 and 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.23

20
Admin, Centre / State Acts and Rules on “Refugees”, NHRC,
http://nhrc.nic.in/documents/LibDoc/Refugees_A.pdf.
21
Refugee Convention, 1951, Art. 33.
22
Digbijay Mote v. Union of India, 1993 (4) SCC 175.
23
Digbijay Mote v. Union of India, Criminal Writ Petition No. 60 of 1997; Crl. W. 60/97.

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Non-Refoulment and Right to refugee Status: In Malvika Karelkar v. Union of India24, the
deportation order issued against 21 Burmese refugees were stayed by the SC and allowed them
to seek refugee status under UNHCR.

C. UNCHR and NHRC in India

UNHCR in India is participating very actively as the number of cases regarding refugees is
increasing day by day. If some refugee 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 refugee along with providing resources to them. UNHCR got involved since
the issue of Tibetan refugees and the Bangladesh crisis in 1971. The Delhi office of the
UNHCR 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 to their country from which they have fled until the issue
rests in their country.25

NHRC i.e., National Human Rights Commission in 1994, gave directions to Tamil Nadu
Government to provide medical help to Sri Lankan refugees. In 1995, 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
gets involved in all the refugee issues in India and provides some or the other help required.

D. 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.
Though NHRC has submitted many reports about the need for India 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 this new law, the law will make the procedure for granting
a refugee status easier. It will also help end the discrimination against refugees in India, and
help the Refugees in all ways possible for their development.

24
Malvika Karelkar v. Union of India, Writ Petition (Crim) No.583 of 1992.
25
Christina Harrison, UNHCR and the Protection of Refugees in India, UNHRC, www.unhcr.org/en.

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INTERPLAY OF HUMAN RIGHTS LAW, REFUGEE LAW, HUMANITARIAN LAW

Both Refugee Law and Human Rights law often co-exist and overlap each other in several
fields. International Humanitarian Law and Human Rights law being the distinct branches of
law 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 Rights Law
reinforce each other mutually.26 Humanitarian Law deals with the conflicts and while Refugee
Law deals with the people that flee due to the conflicts. They both go hand in hand due to that.
Coming to the Interplay of Human Rights Law and Refugee Law, both of them describe the
Principle of Non-Refoulment which prohibit forceful repatriation. On the whole none of the
Laws work independently but go hand in hand with each other. Some of the principles or ideas
are borrowed or adopted from each other as well.

INTERNATIONAL LAWS AND CONVENTIONS ON REFUGEES

There are any declarations, 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 Persons (1954), UN Declaration on Territorial Asylum (1948), Universal
Declaration of Human Rights (1948), Convention on the Elimination of Discrimination against
Women (1979), International Convention on Civil and Political Rights, Convention on the
Reduction of Statelessness (1961), Guiding Principles on Internal Displacement (1998). Some
of the Regional Refugee Laws are Cartagena Declaration (1984), Asian African Legal
Consultative Committee Principles (1996).

The UN Convention Relating to the Status of Refugee of 1951 was adopted on 28 July 1951
and entered into force on 22 April 1954. It erases previous laws and set a most comprehensive
codification of the rights of refugees. The Convention deals with General Provisions, Juridical
Status, Gainful Employment, Welfare, Administrative measures, Executory and Transitory
powers. These chapters are very well defined and the serve the purpose of helping refugees.
Article 1 gives the definition to the term ‘refugee’, Article 12, 13 deal with Personal status and
Movable 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 events
occurring before 1951, Protocol relating to the Status of Refugees was entered into force on 4

26
Droege, C, The Interplay between International Humanitarian Law and International Human Rights Law in
Situations of Armed Conflict, ISRAEL LAW REVIEW, 2007.

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October 1967, because new refugee situations have arisen after the convention and the new
refugee did not fall under the Convention. So, to ensure equality of all refugees, this protocol
covered that.27

CONCLUSION
In the whole world, though there are a number of conventions and laws governing refugees,
the refugees still keep facing problems. When a country as big as India doesn’t have a Refugee
Law, we can understand that many countries have the same face and are on the same boat. If
UNHCR and NHRC work together, there will be much more development in the field of
Refugee Law. There is definitely a need for India to set up a Law regarding Refugees, as in the
future there may be many more issues due to various reasons. Whenever UNHCR tries to do
something regarding refugees NGO’s should actively help them. Though protection to refugees
is given under various articles of the Constitution, there needs to be a uniform Law that give
equal rights to all the refugees. India continues to take the humanitarian view of the problem
of the refugees. Considering the security issues due to which India is not a signatory to the
1951 Convention, it should give due consideration to the same. It should also take care that the
refugee law is not mistreated and mis-utilized by persons who come to seek opportunities.
Many judgements in India support the refugees. India has done a very good work regarding
refugees, but needs to do much more. Many Rohingya refugees living in India are receiving
support, but India is planning to deport them to their territory. In the past NHRC submitted a
report for the ned for a Refuge law but didn’t receive a reply. If UNHCR and NHRC together
do the same, there may be an answer. The Refugee Convention and its Protocol of 1951 and
1967 are the Conventions that received global response with many countries signing the
convention. They consider most of the reasons of refugees and tell us the rights and other
provisions that they should be given. India on the whole, needs a refugee law for governing
refugees entering India.

27
MANOJ KUMAR SINHA, HANDBOOK OF LEGAL INSTRUMENTS ON INTERNATIONAL HUMAN
RIGHTS AND REFUGEE LAWS, Edition 2014.

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BIBLIOGRAPHY
CASE LAWS:

• Dongh Lian Khan v. Union of India, 2015 SCC Online Del 14338.
• NHRC v. Arunachal Pradesh, 1996 SCC (1) 742.
• Louis De Raedt v. Union of India, 1991 (3) SCC 554.
• Visakha v. State of Rajasthan, 1997 (6) SCC 241.
• Digbijay Mote v. Union of India, 1993 (4) SCC 175.
• Malvika Karelkar v. Union of India, Writ Petition (Crim) No.583 of 1992.

BOOKS:

• MANOJ KUMAR SINHA, HANDBOOK OF LEGAL INSTRUMENTS ON

INTERNATIONAL HUMAN RIGHTS AND REFUGEE LAWS, Edition 2014.
• MALCOLM J PROUDFOOT, EUROPEAN REFUGEES: 1939-1952, (Faber, 1957).

INTERNET SOURCES:

• Admin, Which Countries host the most refugees? UNHRC,

www.unhcr.org/news/videos/2017/2/58b3f4714/which-countries-host-the-most-
refugeesquest.html
• Admin, Centre / State Acts and Rules on “Refugees”, NHRC,
http://nhrc.nic.in/documents/LibDoc/Refugees_A.pdf.
• Christina Harrison, UNHCR and the Protection of Refugees in India, UNHRC,
www.unhcr.org/en.

NEWSPAPER ARTICLES:

• Ivar Ekman, Far from War, A Town with a Well-Used Welcome Mat, THE NEW YORK
TIMES, 2000.
• McPherson, Poppy, 6,700 Rohingya Muslims killed in one month in Myanmar, MSF
says, THE GUARDIAN, 2017.

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JOURNAL ARTICLES:

• Patricia Hyndman, Developing International Refugee Law in the Asian Pacific Region:
Some Issues and Prognoses, ASIAN YEAR BOOK OF INTERNATIONAL LAW,
Vol. I.
• J. Fitzpatrick, Revitalising the 1951 Refugee Convention, HARVARD HUMAN
RIGHTS JOURNAL, Vol. 9.
• Giselle Toledo, The protection of refugees and their right to seek asylum in the
European Union, INSTITUTEUROPÉEN DE L’UNIVERSITÉ DE GENÉVE, Vol.
70.
• Erik-Jan-Zürcher, Greek and Turkish refugees and deportees 1912–1924,
UNIVERSITEIT LEIDEN, 2003.
• Peter Gatrell, Refugees and Forced Migrants during the First World War,
IMMIGRANTS & MINORITIES, 2008.
• Prof. J.N. Saxena, Legal Status of Refugees: Indian Position, INDIAN JOURNAL OF
INT. LAW, Vol. 26.
• Ranabir Samaddar, Refugees and the State, Practices of Asylum and Care in India
1947-2000, SAGE PUBLICATIONS, 2003.
• Droege, C, The Interplay between International Humanitarian Law and International
Human Rights Law in Situations of Armed Conflict, ISRAEL LAW REVIEW, 2007.

STATUTES AND CONSTITUTION:

• Refugee Convention, 1951, Art. 1(A)(2).

• INDIA CONST., art. 21.
• Refugee Convention, 1951, Art. 33.

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