Although India has faced forced displacement of people and many refugees, it does not have a specific international or domestic refugee policy. Without formal laws, states are allowed to deal with refugee groups arbitrarily.
How are refugees protected under Indian laws?
• India ensures that refugees get protection services; refugees registered directly by the government are entitled to Aadhaar cards and PAN cards to enable their economic and financial inclusion.
• There are various articles which function to provide protection and liberty to the refugees in India, such as Article 21 deals with the Right to Life and Personal Liberty, which applies to everyone whether they are a citizen of India or not.
• There are some other fundamental articles, such as Articles 14 and 25, that provide equal protection to law and religious freedom, respectively.
• There is the Refugee and Asylum (Protection) bill of 2009, but the main act that supports them is the Foreigners Act of 1946.
• Under the National Human Rights Commission vs State of Arunachal Pradesh (1996) held that foreign citizens are entitled to equal life rights.
Current legislative framework to handle refugees
• Foreigners Act of 1946
• Passport (Entry into India) Act, 1920
• Registration of Foreigners Act of 1939
• Citizenship Act, 1955
• Citizenship Amendment Act, 2019 (CAA)
• Illegal Migrant (Determination by Tribunals) Act, 1983
• Protection of Human Rights Act, 1993
• Immigrants (Expulsive from Assam) Act, 1950
• Administration of Evacuee Property Act, 1950
India, since independence, has accepted various groups of refugees, including refugees from Pakistan in 1947, Tibetan refugees who arrived in 1959, Chakma and Hajong (present-day Bangladesh), Sri Lankan Tamil refugees and recently, Rohingya refugees.
What is the difference between a refugee and a migrant?
Though there is no particular definition of a migrant, it is said that a stateless person or a person not having an attachment with their host country, who illegally moves to some other country, is considered a migrant.
According to International law, a refugee is fleeing persecution or conflict in their nation. Refugees are entitled to complete protection under a nation’s refugee laws, including protection from returning to situations where their life and freedom are at risk.
Migrants mostly leave their country in search of a better life. To work, study or join a family. Refugees flee their countries because of any threat to their life and to get international protection.
