THE CONTEXT: World Refugee Day, observed on June 20, serves as a poignant reminder of the millions of refugees worldwide who have been uprooted from their homes and lives. As conflicts continue to escalate, the number of refugees is rising, necessitating a compassionate and humane response. With its rich history of granting asylum, India stands at a critical juncture to reaffirm its commitment to refugee rights and protection.
THE ISSUES:
- Lack of Formal Legal Framework: India is not a signatory to the UN Refugee Convention of 1951 or its 1967 Protocol and lacks a domestic asylum framework. This absence of a formal legal structure results in an ad hoc and arbitrary approach to handling refugees, which fails to honor India’s historical tradition of granting asylum and protecting refugees.
- Principle of Non-Refoulement: The principle of non-refoulement, which prohibits sending refugees back to places where they may face persecution, is not consistently honored by the Indian government. Instances such as the expulsion of Rohingya refugees to Myanmar highlight this failure, revealing both religious bigotry and intolerance.
- Judicial Interventions and Inconsistencies: While the Supreme Court of India has affirmed that all individuals in India, regardless of nationality, enjoy the rights guaranteed by Articles 14, 20, and 21 of the Constitution, judicial approaches to refugee issues have been inconsistent. This inconsistency underscores the need for a clear legislative framework to reduce reliance on judge-centric decisions.
- Challenges Faced by Refugees: Refugees in India face numerous challenges, including lack of access to basic public services, legal employment, and protection from arbitrary detention and deportation. The absence of a comprehensive refugee law exacerbates these issues, leaving refugees vulnerable and marginalized.
- Proposed Legislation: A Private Member’s Bill introduced in the Lok Sabha seeks to establish a Refugee and Asylum law. This proposed legislation aims to provide a structured process for recognizing asylum seekers and refugees, affirming the principle of non-refoulement, and creating a National Commission for Asylum to review applications. It also seeks to ensure refugees’ access to essential services and legal employment.
- International and Domestic Obligations: India has a moral and historical obligation to protect refugees, given its tradition of granting asylum and its role in the global community. It calls for India to enact a National Asylum Law to align with international standards and uphold its commitment to humanitarian and democratic values.
THE WAY FORWARD:
- Enact a Comprehensive National Asylum Law: India should enact a comprehensive National Asylum Law that clearly defines the rights and duties of asylum seekers and refugees and the state’s obligations. This law should be based on international standards, particularly the 1951 Refugee Convention and its 1967 Protocol, even if India has not formally ratified these instruments. The UNHCR recommends that national asylum laws should incorporate the principle of non-refoulement, ensuring that no refugee is returned to a country where they face severe threats to their life or freedom.
- Establish a National Commission for Asylum: Create an independent National Commission for Asylum to oversee the application process, ensure fair and transparent decision-making, and handle appeals. The UNHCR often assists countries in establishing fair and efficient asylum procedures and can provide technical support and training for the commission. EASO delivers a model for how an independent body can support member states in managing asylum applications and ensuring consistency and fairness in decision-making.
- Implement a Robust Integration Program: Develop a robust integration program for refugees that includes access to education, healthcare, employment, and social services. Utah’s refugee resettlement program, which tracks employment and housing stability outcomes, can be a model for effective integration. Brazil’s digital platform for managing refugee cases and providing legal advice can be adapted to streamline services and improve access for refugees in India.
- Strengthen Legal Protections and Judicial Oversight: Ensure that refugees and asylum seekers can access legal protections and judicial oversight. South Africa’s Constitutional Court decisions, which uphold the principle of non-refoulement and ensure the right to apply for asylum, provide a solid legal framework for protecting refugees. Human Rights First work on asylum law and procedure in the U.S. highlights the importance of legal protections and due process for asylum seekers.
- Promote International Cooperation and Responsibility Sharing: Engage in international cooperation and responsibility-sharing initiatives to address the global refugee crisis. Global Compact on Refugees calls for international cooperation and responsibility-sharing to support countries hosting many refugees. The New York Declaration for Refugees and Migrants emphasizes the need for a coordinated international response to refugee crises and the importance of sharing responsibility among nations.
THE CONCLUSION:
India must enact a comprehensive National Asylum Law to uphold its historical legacy of providing refuge and ensuring humane treatment for all asylum seekers. By doing so, India can lead by example globally, demonstrating its commitment to humanitarian values and democratic principles. This is not just a legal necessity but a moral imperative that aligns with India’s longstanding tradition of compassion and hospitality.
UPSC PAST YEAR QUESTIONS:
Q.1 How does illegal transborder migration threaten India’s security? Discuss the strategies to curb this and bring out the factors that impel such migration. 2014
Q.2 Refugees should not be returned to the country where they would face prosecution or human rights violation.” Examine the statement concerning the ethical dimension being violated by the nation claiming to be democratic with an open society. 2021
MAINS PRACTICE QUESTION:
Q.1 Discuss the historical context of India’s refugee policy and the challenges faced by refugees in India. Propose measures India can take to improve its refugee management system, ensuring compliance with international standards and humanitarian principles.
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