Even though india is not a signatory to the 1951 convention on refugees and also the 1967 protocol, it is a signatory to a number of united nations and world conventions on human rights, refugee issues and related matters. Articles on “refugees ” refugees in india: legal framework, kelley, ninetle: international refugee protection, challenges and. Unhcr and the protection of refugees in india by christina harrison, ba, llb, (una-canada's intern in 1998-1999), united nations high commissioner for refugees (unhcr) regional office for india the united nations high commissioner for refugees (unhcr) plays many different roles in order to effect refugee protection in nations around the world.
Refugee law is the branch of international law which deals with the rights and protection of refugees it is related to, but distinct from, international human rights law and international humanitarian law, which deal respectively with human rights in general, and the conduct of war in particular. Analyzing philosophical discourses and india’s policies and practices on refugee protection, including judgments of indian courts in refugee related cases, it examines how organizational efforts can make these policies and practices equal for every refugee in india. Protection of refugees in india namrata gupta introduction at present india is not a party to the 1951 un convention on the status of refugees or the 1967. While the security interests of india must remain paramount, taking care of refugees in india is a moral duty for the state protection for rti activists next.
Protection of refugees in india deepak shahi and navrati dongrey 2nd year ba llb (hons) rajiv gandhi national university of law, patiala, punjab. Refugees who come to india in mass are given temporary protection by the indian government and also being provided with certain socio economic protection the. In the absence of accession to the refugee convention by india and any national legislation on protection of refugee the legal status of individuals recognised as refugees by the government of india is not clear . China and india are sitting out refugee crisis there is a lack of state responsibility for refugee protection in asia,” said brian barbour, director of external relations at the japan .
While the indian state does offer defacto protection to refugees, the absence of any legal framework for refugee protection makes the status of a refugee in india a precarious one this status is usually based on the goodwill and tolerance of the government in power. Refugee and asylum laws in india maintain records of the stay of foreigners stay and exit of the refugees policy and practice of refugee protection in india . Refugee law: the indian perspective india has had an age old tradition of according humanitarian protection to refugees and asylum seekers it has followed a very liberal refugee policy.
India is neither a signatory to the 1951 refugee convention nor does it have a domestic legislation in order yet, india boasts of abiding by the principle of non-refoulement and bringing refugee protection under the expansive understanding of article 21 of the constitution despite this, it . 1 professor of law and chair on refugee law, national law school of india university, bangalore-560 072, india judicial responses to refugee protection in india. During a visit to india in 2013 as un high commissioner for refugees, antonio guterres observed, “india's refugee policy is an example for the rest of the world to follow” he rightly noted .
Of india, leaving refugees with little protection for his or her civil and political rights and truly no legal provisions for their safety and welfare there's the need for the safety of the rights of refugees and to enhance their scenario in india. Protection of refugees in india is solely regulated at policy level by national administrative authorities as india is neither a party to the protocol 1951 refugee convention nor has it adopted national refugee legislation. In this blogpost, komal rastogi, student, nirma university, ahmedabad, writes about the history of indian refugee, protection granted to the asylum people in india, law for refugees and displaced people and the role of judiciary for the protection of refugee india has one of the largest refugee population in the world. Consequently, an evaluation of india’s protection of, and assistance for tibetan refugees is necessary to ensure their treatment is in accordance with international standards unfortunately, such an assessment shows that there is a lack of proper protections and services this.