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Context: India’s refugee policy is discretionary and lacks formal legislation, leading to varied treatment of refugees based on their origin and circumstances.
Details
- Former Bangladesh Prime Minister Sheikh Hasina, who fled her country amid violent protests, is currently in India. Her plan to seek asylum in the UK has hit a snag due to visa issues.
- India, despite lacking a formal refugee policy, has decided to allow her to stay temporarily. This situation highlights India’s complex and often ambiguous stance on refugees.
Understanding Refugees
- According to the 1951 UN Convention and the 1967 Protocol, a refugee is someone outside their home country and unable or unwilling to return due to fear of persecution based on race, religion, nationality, social group, or political opinion.
- Stateless persons can also be considered refugees if their home country no longer recognize them.
India's Approach
- India has historically welcomed various refugee groups, including Tibetans, Chakmas from Bangladesh, and those from Afghanistan and Sri Lanka.
- India is not a signatory to the 1951 Convention or the 1967 Protocol and does not have a formal refugee policy or law. This allows India to handle refugees on a case-by-case basis, often labelling them as illegal immigrants under domestic laws such as the Foreigners Act.
Key Aspects of India’s Refugee Policy
- Lack of Formal Policy:
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- No Official Refugee Law: India does not have a specific refugee law, which means that the treatment of refugees can vary and is influenced by political, social, and legal factors.
- Legal Ambiguity: Without a formal policy, refugees can be categorized as illegal immigrants and dealt with under existing immigration laws, which can lead to inconsistent and sometimes harsh treatment.
- Citizenship Amendment Act (CAA):
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- Religious Discrimination: The Citizenship Amendment Act, 2019, offers citizenship to non-Muslim refugees from neighbouring countries, which has been controversial and criticized for its discriminatory nature.
- Deportation and Non-Refoulement:
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- Principle of non-refoulement: This principle prohibits returning refugees to a country where they face persecution. Although India has argued against stricter refugee status criteria internationally, it often struggles to adhere to this principle, especially with groups like the Rohingya.
- Challenges in Deportation: Deporting refugees involves significant logistical and legal hurdles, especially if the country of origin is unwilling to accept them. For instance, efforts to deport Rohingya refugees from India have been complicated by Myanmar’s refusal to take them back.
- Case-by-Case Handling:
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- Rohingya Refugees: The Indian government’s treatment of Rohingya refugees has been contentious, with some being recognized by the UNHCR and others labelled as illegal immigrants. The Supreme Court has supported deportation, but practical challenges and human rights concerns complicate the process.
- Sri Lankan Tamils: In contrast, Sri Lankan Tamil refugees in Tamil Nadu receive support such as allowances and education for their children. The approach here includes encouraging voluntary repatriation when conditions improve in Sri Lanka.
- Voluntary Repatriation:
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- Encouraging Return: For refugees from Sri Lanka, India has supported voluntary repatriation, allowing them to return home when it is deemed safe. This approach aligns with international standards and emphasizes the importance of safety and voluntary decision-making.
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Principles Governing Refugees
●Protection Against Persecution: Refugees should not be returned to places where they risk persecution.
●Voluntary Repatriation: Refugees should only return to their country of origin when they can do so safely and voluntarily.
●Legal and Human Rights Obligations: India’s stance on refugees is influenced by international human rights standards, though its practices sometimes fall short of these ideals.
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Why Does India Need an Official Refugee Policy?
India lacks a formal refugee policy or national law dedicated specifically to addressing refugees. Establishing such a policy is crucial for several reasons.
Consistency and Clarity
- Uniform Guidelines: An official refugee policy would create standardized procedures for managing refugee cases. This ensures that all refugees are treated fairly and uniformly across the country.
- Legal Framework: A clear legal framework would define the rights and protections for refugees and set out the roles and responsibilities of the government and various stakeholders.
Protection of Refugee Rights
- Human Rights: With an official policy, refugees would be assured of their basic human rights, such as access to food, shelter, healthcare, and education. This would help in safeguarding their dignity and well-being.
- Legal Status: An established policy would grant refugees legal status, minimizing their risk of exploitation and abuse. This status would provide them with recognition and support under Indian law.
Efficient Resource Allocation
- Better Planning: A formal policy would allow the government to plan and allocate resources more effectively. This means better housing, healthcare, and support services for refugees.
- International Aid: A clear refugee policy could facilitate the flow of international aid and support from organizations like the United Nations High Commissioner for Refugees (UNHCR), which would help in managing the needs of refugees.
Improved Security
- Screening and Monitoring: The policy would include procedures for screening and monitoring refugees, addressing security concerns while ensuring that the process remains fair and transparent.
- Integration Programs: It would also establish programs to help refugees integrate into society. This reduces the likelihood of social tensions and conflicts by promoting understanding and cooperation between refugees and local communities.
International Reputation
- Global Standards: By adopting an official refugee policy, India would align itself with international standards and conventions. This enhances its reputation as a responsible and humane nation on the global stage.
- Diplomatic Relations: A formal policy would improve India’s diplomatic relations with other countries and international organizations that focus on refugee welfare, fostering better international cooperation and support.
Conclusion
- Implementing an official refugee policy is essential for India to manage refugee issues effectively. It would ensure protection for refugees, facilitate efficient resource allocation, improve security, and enhance India’s international standing. A structured approach to refugee management would contribute to national harmony and align with global standards of humanitarian care.
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Source:
Indian Express
Wikipedia
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PRACTICE QUESTION
Q. How does India's approach to refugee management differ from the principles outlined in the 1951 UN Convention on the Status of Refugees, and what implications does this have for its treatment of specific refugee groups like the Rohingya?
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