India has had an age old tradition of according humanitarian protection to refugees and asylum seekers it has followed a very liberal refugee. Journal of international academic research for multidisciplinary impact factor 3114, issn: 2320-5083, volume 5, issue 1, february 2017 90 wwwjiarmcom presence or absence of refugee law in protection of refugees in india- social security and. Abstract this note is an attempt to illustrate the role played by the indian judiciary in protecting refugee children and their interests in the context of india not being a party to the refugee convention or its protocol along with this, the efforts taken by the supreme court of india in bridging the gap between india's international. Legal framework of protection of refugees in india manoj kumar sinha i introduction the refugee problem is not a recent phenomenon' throughout history situations have arisen where persons have been forced to leave their own country to seek asylum elsewhere those denied at home. As a refugee status determination assistant, i work with afghans, somalis, rohingya muslims, iraqis, syrians, sudanese, iranians and other nationalities who have sought international protection from the unhcr office in india” anyone can be a refugee, and that is a stark reality the world is yet to come to.
India has not signed 1951 refugee convention (which is legally binding principals for refugee protection) and, there is no specific domestic legal framework to protect the rights of refugees and asylum seekers in india this has led to legal insecurity of refugees' status and difficulty to access in refugee. Human rights of refugees in indian legal regime and role of judiciary prelude although there are international institutions for the protection of refugees as it is submitted earlier in chapter iii, still ultimately the protection of refugees depends on individual sovereign states which have to follows their. In india, unhcr extends de facto protection to refugees who have not been recognized under the indian law however, the part-iii of the constitution of india prohibits discrimination on the grounds of religion, race, caste, sex or place of birth under article-15 the equality of opportunity in matters of public.
Some 100,000 chin are currently living in uncertain conditions in india's northeastern state of mizoram, which shares a border with burma's chin state another 4,200 chin have made their way to delhi with the hope of obtaining protection from the united nations high commissioner for refugees (unhcr) another 30,000. India has also adopted the 1948 universal human rights declaration (udhr) • these treaties impose a positive duty on india to provide protection to refugees as long as they fear persecution at the hands of their government • putting in place a system where all refugees are given an opportunity for a fair hearing, will.
There is no domestic procedure or law that governs the protection of refugees in india there is also no regional agreement of a binding nature such as the organization for african unity (oau) convention (1974) or a detailed declaration for refugee protection such as the cartagena declaration (1984) enacted in central. The role of international law in defining the protection of refugees in india mike sanderson india has not acceded to either the 1951 refugee convention or its 1967 protocol the admission and protection of refugees in india continues to be controlled by the 1946 foreigners act, which gives the state. According to saurabh bhattacharjee, who authored 'india needs a refugee law', a research article published in economic and political weekly in 2008, the absence of a national law protecting refugees has led to the denial of their basic rights he says that refugees in india are dependent on the.
Rohingya refugees have been crossing the international border and coming to india for a long time now sri lankan refugees are entitled to other social schemes, such as pension scheme of rs 1,000, girl child protection scheme of rs 25,000 for each female child (up to a maximum of two female. Refugees in india typically worked with and through the united nations refugee agency, unhcr, to get a refugee certificate and temporary residence cards, and some allowance that would help them find a camp to stay in and offer them some form of protection in an alien country most refugees are. Sen's latest piece is titled understanding the importance of a national legislation for refugee protection in india sen argues that “the establishment of a domestic protection regime for refugees is of utmost necessity” in india, noting that only some kind of a formal mechanism can truly respond to the “interests.
I am doing a case study on the conditions of the tibetan refugee communities in india and how this increasingly significant situation needs to be looked at the tibetan refugees are not legally recognized as refugees they are governed under the law relating to foreigners but they are held to be stateless by the. The indian government recently issued a direction to identify and deport around 40,000 rohingya refugees in india, labelling them as a burden on the it is to be hoped that it will reconsider its rulings in de raedt and muller, and extend the constitution's protection to this vulnerable group of refugees. In india, the current ruling bharatiya janata party (bjp) government is attempting to pass the citizenship amendment bill (2016) the bill sets a worrying communalised tone to the refugee debate, regardless of the government's intentions, writes dr jessica field from op jindal global university.