REFUGEES IN INDIA; AN OVERVIEW
Abstract
This Article provides a comprehensive overview of the refugee situation in India, examining the historical, legal, and socio-political dimensions of refugee protection. The global challenge of safeguarding non-citizens, such as refugees, asylum seekers, and stateless persons, has intensified due to conflicts, ethnic persecution, and extreme poverty. India, a major host country for refugees from neighbouring states like Bangladesh, Sri Lanka, Tibet, Bhutan, and Myanmar, faces significant challenges in addressing the needs of these displaced individuals. The Article delineates the distinction between refugees, asylum seekers, and economic migrants, highlighting the unique legal and humanitarian issues faced by each group. Despite India's efforts to provide sanctuary, the lack of a formal national refugee law results in a reliance on ad hoc administrative measures, leading to inconsistent protection and support for refugees. The Article discusses the absence of a comprehensive legal framework and the reliance on the Foreigners Act of 1946, which does not adequately address the needs of refugees. India’s approach is contrasted with international standards, revealing gaps in legal protection and the challenges posed by the absence of specific refugee legislation. The Article further explores India’s historical waves of refugee inflows, from the partition of British India in 1947 to recent influxes from neighbouring countries. It highlights India’s role as a major refugee host and its ability to integrate diverse refugee populations into its multi-ethnic society. The Article also critiques the Asylum Bill of 2015, emphasizing the need for a robust, flexible legal framework that addresses the complexities of asylum management and provides comprehensive protection for refugees. Through an analysis of India’s current refugee policies and legal gaps, this Article underscores the urgent need for legislative reform to ensure effective protection and integration of refugees, aligning with international standards and humanitarian principles.
