LGBTIQ+ refugees in India: RSD and the implications of legal developments in the country of asylum

Abstract India has a unique dual system where UNHCR is allowed by the Indian government to conduct Refugee Status Determinations for asylum seekers from non-neighbouring countries, including Myanmar, while the government directly manages refugees from neighbouring countries. However, India has not signed the 1951 Refugee Convention, nor formulated domestic asylum laws. While the country has made significant progress in the legal protection of LGBTIQ+ people, the benefit thereof does not extend to those with these intersectional vulnerabilities, such as queer refugees. The deteriorating political environment for refugees in the region and the denial of legal status to remain mean that those who fled their countries to avoid persecution for their identity are unable to articulate their SOGIESC even as exiles. Our article draws upon our experiences of providing legal representation to LGBTIQ+ refugees in India through the UNHCR process, and analyses the protection gaps LGBTIQ+ refugees experience in India.