Refugees, Rights and The State : A Critical Evaluation of India's Legal and Administrative Response

Abstract India has a rich and esteemed tradition of providing sanctuary to religious minority seeking refuge from persecution. This practice has been ongoing for centuries, commencing with the Parsis and persisting with various groups of displaced individuals, such as Tibetans in 1959, Bengalis from Bangladesh in 1971, Afghans compelled to flee their residences due to three conflicts, Tamils from Sri Lanka, individuals from Myanmar, and Africans. India provided refuge to around 5,000 Jews escaping persecution in Europe during the Holocaust, despite opposition from certain members of the American Jewish community. However, India's legislation and governing authorities have not taken any official action regarding the refugee issue thus far, and the nation has not ratified the 1951 Refugee Convention, which establishes global guidelines for safeguarding refugees. Consequently, numerous individuals who migrated to India in search of refuge are currently uncertain about their legal status and future opportunities. When it comes to law surrounding the topic of refugees, there are several crucial aspects concerning refugees that hold significant importance for both India and the refugees themselves. Even matters as compassionate as assisting refugees necessitate meticulous consideration in view of national security considerations. The country's ongoing security issues primarily stem from the actions of other nations. Hence, the present research gives a comprehensive analysis of this topic and considers this factor while evaluating the gaps. According to the Indian Constitution, the responsibility of maintaining peace lies with the State, although the Union government holds ultimate authority over matters including borders and foreign relations. Consequently, numerous state and federal law enforcement agencies have been established. However, while the federal government has the authority to enact laws that impact refugees, it is the responsibility of state administrations to address the refugee issue. This research paper will hence discuss and elaborate on (i) the ambit and scope of current refugee law, (ii) requirements to import principles from international conventions, (iii) comparative analysis of laws around major countries, (iv) dealing with the refugee issue and understanding its extent in India. Key Words : Refugees, Rights, Human Rights, Indian State, Refugee Law, Citizenship, Legal Framework, Administrative Response, Constitutional Rights.