Syllabus
GS Paper 2 – Governance
Context
June 20th is celebrated as World Refugee Day
Source
The Hindu| Editorial dated 20th June 2024
Blueprints beyond borders, for solace and shelter
Today, the world grapples with over 43.4 million refugees, a figure that continues to rise due to ongoing conflicts. World Refugee Day (June 20) serves as a poignant reminder of these individuals’ plights—each a person with dreams, hopes, and fears.
India’s Historical Role in Refugee Protection
- India has a long history of granting asylum to various groups:
- Jews fleeing Babylonians and Romans.
- Zoroastrians escaping Islamic persecution in Persia.
- East Bengalis during the Bangladesh Liberation War in 1971.
- More recent refugees include Tibetans, Sri Lankan Tamils, Nepalis, Afghans, and Rohingyas.
- The India – Pakistan partition triggered one of the largest mass migrations in history, with an estimated 13 million to 15 million people crossing the newly drawn borders.
- The Indian government, along with various humanitarian organizations, undertook massive efforts to provide relief and resettlement for the refugees.
- The experience of handling such a large influx of displaced people instilled in India a deep understanding of the challenges faced by refugees and the necessity of providing support and protection.
However, there are flaws in India’s current refugee management system.
Lapses in Refugee Policy
- India is not a signatory to the UN Refugee Convention or its 1967 Protocol.
- India lacks a domestic asylum framework, relying instead on a patchwork of laws like the
- Foreigners Act, 1946
- Registration of Foreigners Act, 1939
- Passports Act, 1967
- Extradition Act, 1962
- Citizenship Act, 1955 (including its 2019 amendment)
- Foreigners Order, 1948
- The absence of a comprehensive refugee law leads to inconsistent and ad hoc refugee management.
Issues Faced by Refugees in India
- Lack of Legal Protection: Refugees are treated as “aliens” under various laws, lacking specific legal protections.
- Ad Hoc Management: Refugee issues are handled inconsistently, often on an ad hoc basis.
- Basic Services: Refugees struggle to access basic public services like healthcare, education, and employment.
- Rohingya Refugees face:
- Religious Bigotry and Intolerance: Rohingyas, classified as “illegal migrants,” face severe hardships.
- Deportation and Detention: Over 700 Rohingyas were in detention as of August 2023, facing deplorable conditions.
- Refoulement Violations: Instances of expulsion to Myanmar despite risks of persecution.
- Chakma Refugees
- Chakmas in Arunachal Pradesh face legal and social challenges.
- The Supreme Court stopped the forcible eviction of Chakmas in 1996, highlighting the need for legal processes.
Importance of Comprehensive Refugee Management
A robust National Asylum Law is crucial for:
- Providing consistent protection and rights to refugees.
- Ensuring access to basic services such as healthcare, education, and employment.
- Upholding India’s historical commitment to humanitarian values.
Proposed Asylum Bill, 2021
- Introduced in February 2022, this Private Member’s Bill aimed to establish a Refugee and Asylum law.
- Key Features:
- Criteria for recognizing asylum seekers and refugees.
- Specific rights and duties for recognized refugees.
- Upholding the principle of non-refoulement.
- Creation of a National Commission for Asylum to process applications.
- The bill responded to refoulement incidents and aimed to provide consistent protection to all refugees.
Way Forward
- Comprehensive National Asylum Law: Enact a National Asylum Law to provide a consistent framework for refugee management.
- Rights and Protections: Ensure specific legal protections and rights for refugees, including access to basic services and the ability to work.
- Non-Refoulement: Uphold the principle of non-refoulement to prevent the forced return of refugees to places where they face persecution.
- National Commission for Asylum: Establish a dedicated body to handle asylum applications and ensure fair processing.
- International Cooperation: Actively participate in international efforts to address refugee crises.
- Leadership: Position India as a leader in refugee management and advocate for global solutions.
- Humanitarian Values: Align refugee policies with India’s historical commitment to humanitarian and democratic values.
Conclusion
India’s legacy of granting asylum is unmatched, yet our lack of formal legislation and non-signatory status to international refugee conventions tarnish this record. Enacting a National Asylum Law is crucial to uphold India’s humanitarian values and provide a structured, humane response to refugee crises.
Related PYQ
How illegal transborder migration does pose a threat to India’s security? Discuss the strategies to curb this, bring out the factors which give impetus to such migration. [ UPSC Civil Services Exam – Mains 2014]
Practice Question
Evaluate the need for a comprehensive National Asylum Law in the context of issues faced by refugees in India? [150 words]