India's Need for a Comprehensive and Non-Discriminatory Refugee Policy
India lacks a comprehensive single law defining refugees, leading to arbitrary actions and reliance on pre-independence laws like the Foreigners Act. While India is not a signatory to the 1951 UN Convention on Refugees, it hosts over 2.11 lakh refugees. The article argues for a consistent, rational, and fair treatment policy that distinguishes between refugees and infiltrators based on objective parameters. It criticizes the Citizenship (Amendment) Act, 2019, for religion-based exclusions and highlights the need for a formal policy document to streamline the legal framework for all refugee groups.
Key Points
- India is not a signatory to the 1951 UN Convention on the Status of Refugees or the 1967 Protocol.
- Current legal treatment of foreign nationals relies on the Foreigners Act 1946 and the Passport Act 1967.
- The absence of a uniform policy leads to disparate treatment for different groups, such as Tibetans versus Sri Lankan Tamils.
Exam Facts
- Refugee population in India: Over 2.11 lakh as of June 2023.
- Legal Framework: Immigration and Foreigners Act replaced three pre-independence laws in April 2024.
- Exemptions: Recent notifications granted exemptions to undocumented Tamil refugees who arrived before January 9, 2015.
Read it. Retain it. Recall it.
Get spaced-repetition flashcards, daily quizzes and offline access — free on Android.