THE LEGAL STATUS AND RIGHTS OF REFUGEES IN INDIA
(This
Article is written by Bhoomika Gupta ,B.A.LL.B( hons ) ,1st year
,C.M.P Degree College ,University of Allahabad )
Abstract
India has accepted refugees from many countries. In this Article it is discussed that how the refugees in India are regulated and the conditions and circumstances which forces them to flee from their own homeland . Internationally UNHCR , a UN based agency works in this regard and further there is a brief discussion about statutory laws that deals with the regulation of refugees in India like Foreigners Act of 1946 , Passport Act of 1920 , Registration of Foreigners Act of 1939 , Citizenship Act of 1955 and it’s further amendment Citizenship Amendment Act (CAA) of 2019 . Further it is discussed that how the refugees sometimes becomes the threat to the country .
Keywords – UNHCR , Citizenship ,Amendment ,Fundamental rights , Convention .
Introduction
“Refugees
are neither seen nor heard, but they are everywhere. They are witnesses to the
most awful things that people can do to each other, and they become
storytellers simply by existing. Refugees embody misery and suffering, and they
force us to confront terrible chaos and evil”
Refugees can be defined as the person who has been coerced to run away from their own homeland or country due to unlivable conditions like war , violence, when basic rights of humans getting violated like human right or Fundamental Right . Reason behind the refugees migration can be fear relating to their caste , race , religious beliefs , linguistic groups , Social groups , politics relating matter like difference in political opinion and many more . These Refugees seek protection in other country generally their neighbouring countries they do not run voluntarily they are compelled ,coerced to do so in a fear of their livelihood . Refugees are different from migrants as migrants are those who migrated from their countries in seek of better economic conditions ,better opportunities, exposer , better study facilities ,their may be environmental reasons also like in certain places of any country are at risk of natural disasters so people from their migrate to other places sometimes even other country also . There is also a concept of illegal migrant , those who migrated in illegal way ,for dealing with illegal migrants government of that particular country have their policies and provision regarding the entry of these migrants in their country .Talking about the legal status and rights of refugees in India ,India do not have any statutory or codified Act for this but India has accepted refugees from many countries like Refugees during the partition from Pakistan in 1947 when the separate country Pakistan has been made from India , In 1959 the refugees from Tibetan region , Tamil refugees from Sri Lanka in 1980s ,Chakra and Hajong refugees from Bangladesh. Talking about Refugees from Myanmar known as Rohingya refugees these are not accepted by the India and are considered as trespassers despite being verified and registered byUNHCR .
Legal Framework and Rights Of Refugees in India
Refugees registered directly by Government of India have their access to get government issued documentation and many more facilities.
UNHCR ( United Nations high commissioner
for Refugees)
UNHCR, a United Nation Refugee agency is an organization at International level who works for the protection of refugees like saving their lives , giving access to better future to them , protecting their Rights.UNHCR is a global level organization working with 137 countries for the betterment of Refugees .Their vision is that there should be the betterment of the refugees who flee from their homeland ,they are dedicated towards the development of refugees.
UNHCR Indiaoperates 11 locations with the supporting 8 partners. They works as a organization for providing sustainable support to the vulnerable refugees.UNHCR India works in cooperation with the Government of India, civil society, private sector, and partner organizations in providing assistance and support to refugees in India.
Refugees registered under UNHCR from their origin country like Afghanistan , Myanmar and others countries do not have access to government issued documentation.
Section 3[1] of the Act state that the Central Government may by order can make provisions regarding the regulation of refugees like Refugees shall enter India or shall not enter India ,restricting their entry and departure in India .
Section 3A [2]of the Act state that the Central Government have power to exclude the citizens from commonwealth countries and also from any particular region . The Central Government can make provisions regarding where it shall be implemented or not on the basis conditions and circumstances .
Passport
(Entry to India ) Act 1920
Section 3 (1) [3]of the Act state that the Central Government of India can make provisions requiring the person entering into India must have the possession of his authentic and verified passport.
Section 3 (2)[4] of the Act state that whoever do not have verified passport are prohibited to get entry in India. It also states the Authorities from where it should be verified , further state condition that must be followed by the person .
Section 3 (4)[5] of the Act states that the all the provisions and rules make under this Act shall be published in the official gazette before implementation.
Section 5 [6]of the Act state that the Central Government can gives order to the Authorities to remove the illegal foreigners or immigrants or refugees by force . In the contradiction to any rule under Section 3 any person have illegally entered then the Authorities have right to remove them by force .
The Registration of Foreigners Act , 1939
Section 3 [7]of the Act state that the Central Government may after the beforehand publication in official gazette cam make provisions and policies regarding the foreigners .
Section 6[8] of the Act states that the Central Government may by the order can declare that any particular provisions or rule shall not be applicable to certain conditions and circumstances which will be decided by the Central Government itself .
Section7 [9]of the Act gives protection to the person who have verified under this Act and the things done in good faith .No such persons are entitled to get sued or any other legal proceedings .
Section 8 [10]of the Act states that the Application of any other laws are not barred , there can be application of any other laws being on force at that particular period of time relating it is not restricted .
In this Act it is given the provisions and policies regarding the citizenship of a person belonging to India and also for those who do not fulfil the condition of citizen of India . There are many types of acquisition of Citizenship provided under the Act like Citizenship by birth [11],Citizenship by descent [12] ,Citizenship by Registration[13] , Citizenship by naturalisation[14].
Section 7A [15]of the Act talk about the Registration of overseas citizens of India cardholder.
Citizenship
Amendment Act 2019
This Act is the father Amendment of Citizenship Act 1955. According to this Act , The citizenship is granted to those who belongs religious communities which is non –Muslims consisting Hindus, Sikhs, Buddhist , Jains , Christians and Parsis comes from the Afghanistan , Pakistan and Bangladesh .Only those who have entered before 31stDecember , 2014 or on 31stDecember 2014 are granted with the citizenship of India .
According to this Act , The refugees of these above mentioned communities are not entitled to be Sued or any legal proceedings before the court under The Foreigners Act of 1946 and The passport Act of 1920 as these two Acts have specified the provisions for the punishment for those who have illegally entered in the India .
National Register of Citizens of
India (NRC)
The main purpose of this Act is the identification of the illegally migrated persons in India and to send them back to their origin country .This Act is meant to register all the citizens of India who are mandated by the 2003 Amendment of Citizenship Act 1955.
Criticism
India lacks in the specific legal fame work regarding the Refugees regulation their entry and departure . There is absence of statutory frame work like 1951 Refugee Convention and it’s 2967 protocol , India is not state party to this Convention. Always accepting refugees is not convincing to some extent as highest populous country like India already have difficulty in management and regulation of their citizen like in providing them the best facilities and in addition of this accepting refugees and providing them satisfactory facilities can became threat to our economy and also to the resources to some extent .
Conclusion
Refugees are very different from the immigrants as they do not migrated from there homeland willingly but situation of their country make them do so , In the find of liveable condition ,peaceful environment they migrate from their own country , Once they have migrated sometimes it become difficult for them go back to their homeland even after the condition becomes normal in their country . Every country have their own provisions or statutory laws or temporary laws ,Acts or bills regarding the regulation of refugees in their own country for controlling their entry and departure. At International level UNHCR ( United Nations High commissioner for Refugees) , a United Nation based agency for refugees works in this regard. In the context of the legal status and Rights of Refugees in India, Jawaharlal Nehru in 1959 have articulated his principle regarding refugees that is in India Refugees are allowed and welcomed but they should go back to their homeland once the condition there become better.India has accepted refugees from many countries as mentioned above but lacking in the legal framework or any other statutory laws sometimes becomes hindrance in the regulation of refugees but In India we also have our legislation in this regard like Foreigners Act of 1946 , Passport Act of 1920 , Registration of Foreigners Act of 1939 , Citizenship Act of 1955 and it’s further amendment Citizenship Amendment Act (CAA) of 2019 as explained above . In India we should also have a specific regulation of refugees as this is not the matter of ignorance as highly populous country like India must have the specific laws regarding the Refugees to control their entry and departure and always accepting refugees is not good to some extent as mentioned above . The need of a Strict regulation is also necessary to some extent as these Refugees sometimes becomes threat to our country like promoting terrorism, violence, and many more and sometimes illegally occupying government land or property . Legislation of fresh laws and Amendments in the previous laws should be made to regulate and resolve this problem.Implementing more legal framework in this regard can leads to the dissolution of irregularities and complexities in regulating the refugees in India .
Bibliography
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· https://www.drishtiias.com/daily-updates/daily-news-analysis/india-and-refugee-policy(Last visited on June 26 ,2025 )
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[1]The
foreigners Act , 1946, §3 .
[2]The
foreigners Act , 1946, §3A.
[3]The passport Act ,1920 ,§3(1) .
[4]The passport Act ,1920 ,§3(2) .
[5]The passport Act ,1920 ,§3(4) .
[6]The passport Act ,1920 ,§5 .
[7]The
Registration of Foreigners Act ,1939 , §3 .
[8]The
Registration of Foreigners Act ,1939 , §6 .
[9]The
Registration of Foreigners Act ,1939 , §7.
[10]The
Registration of Foreigners Act ,1939 , §8 .
[11]The Citizenship Act , 1955 ,§3 .
[12]The Citizenship Act , 1955 ,§4 .
[13]The Citizenship Act , 1955 ,§5 .
[14]The Citizenship Act , 1955 ,§6 .
[15]The Citizenship Act , 1955 ,§7A .
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