Beyond Borders, Beyond Protection: The Plight of Refugees in India

Historically, India has protected people fleeing persecution, political instability and conflict. A host of refugees who are Tibetans, the Tamils from Sri Lankha, Afghans and Rohingyas have found their place in India, yet there is no comprehensive legal framework governing their protection. India, is not the signatory to the Refugee Convention 1951 and its Protocol 1967, yet addresses these issues through ad hoc administrative measures and general immigration laws. Because of the legal uncertainty present refugee communities receive varying levels of protection based on political and strategic considerations. Many are even vulnerable to detention, deportation and socio-economic exclusion. Though not a party to the refugee Convention, India has signed the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT) and the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). These two treaties explicitly prohibit the return of those who face danger to their life or freedom, often called as principal of non-refoulment which has reached the status of jus cogens. Thus, despite not signing the Refugee Convention, India still provide protection to those fleeing persecution. This paper examines the challenges faced by refugees in India from legal and humanitarian perspective and evaluates constitutional and international obligations of India towards refugee protection. In the light of providing protection to the refugee community the paper suggests to adopt a comprehensive legal regime for refugee protection.