Analyzing India’s Refugee Policy in the Rohingya Crisis Within the Framework of International Human Rights Law

Abstract Amidst the densely populated terrain of India and the challenges encountered by a significant number of individuals living below the poverty line, the country grapple with the issue of refugee influx. In light of the ongoing humanitarian challenge, it is evident that the lack of standardized refugee laws in India, along with political maneuvers, has contributed to the emergence of a conducive environment for potential instances of discrimination. This paper provides a critical analysis of India’s approach to refugees, highlighting the differential treatment given to specific communities and raising concerns about the perceived lack of attention towards Muslim refugees, particularly the Rohingyas. The authors through this study will discuss about the impact of the Citizenship Amendment Act ( caa ) and the National Register of Citizens ( nrc ) and raising concerns regarding the government’s impartiality towards certain refugee groups. the characterization of Rohingya refugees as ‘illegal immigrants’ and a potential risk to national security, stands on unsubstantiated grounds as there is a lack of substantial evidence to substantiate this assertion. The paper argues that India’s practice of offering protection and shelter only to persecuted minorities from specific states, while excluding Muslims, is intrinsically discriminatory and violates the fundamental principles of the Indian Constitution. It is then followed by a comprehensive analysis of the Rohingya refugee crisis, which aims to clarify the reasons behind their migration to India and the obstacles they encounter in their pursuit of freedom and survival. The authors emphasize the critical importance of implementing uniform refugee laws that are prevalent under the international law in India in order to prevent discrimination and uphold the secular principles enshrined in the Constitution. The paper concludes by presenting well-considered solutions to effectively tackle the ongoing crisis, with the aim of establishing a refugee policy in India that is characterized by fairness and inclusivity.