REFUGEES IN INDIA: PROVISIONS, CHALLENGES AND REMEDIES

–     K.GAYATHRI ¹

Abstract

India has a long history of sheltering refugees. The population of forced settlers who received protection in India is one of the loftiest in the world. For a variety of ideological and practical reasons, India has refused to sign the 1951 Refugee Convention and shows little interest in joining the evolving international refugee order. However, the progression of Judiciary system in India with time and considered refugees as a discrete section and amplified the realm of their safety through various Articles of The Constitution of India, especially Articles 14, 21, 25, and 32. After all, India has the duty to fortify the legal security of refugees and their Human Rights. This paper moves from analysing the general roadmap definition of refugee and the Origin of refugees in Indian soil. The Article aims to comprehend the ambit of the actual refugee law in India and explore carefully whether there is a need for newly reformed refugee law for better governance of the refugees as strata. This Article attempts to identify the various challenges faced by Refugees and suggest suitable recommendations to solve the issues.

Introduction

The world has evolved into a valuable place due to the outburst of the human race. Human rights are the base for the development of such races, hence, are important. When people were differentiating themselves by their nationality, there were people of statelessness. India being the most populous country, due to its geographical location, geopolitical strategies, cultural religious aspects and other factors the refugees from various countries including its neighbouring countries seek asylum from India. India granted asylum to 2,42835 refugees in 2022, a 14.32% increase from the year 2021(Rathore,2022).² However, India did not ratify either the 1967 Protocol on the Reputation of Refugees or the 1951 Refugee Conference.

India also doesn’t have any proper legislation for governing the refugees, which leads to the tragically deficient treatment of refugees. This turns into the greater threat of humanitarian rights and aspects of international law which should be intangible interwoven to the Refugee law. This paper provides insight information on the status and standard of living of refugees in India and the legislation of refugees and asylum in India. The Convention Relating to the Status of Refugees was adopted on July 28, 1951 by the General Assembly of the United Nations.

¹ Gayathri Karunanithi-III-Year -B.A.,LL.B.,-Chennai Dr.Ambedkar Ambedkar Government Law College-ph-8940915949-Email-gayathrik1765@gmail.com

² Rathore.M.,(2022) ., Refugees population in India 2009-2021 published by statistica.com

WHO IS A REFUGEE?

Article 1 of the 1951 Convention defines a refugee as someone who “owing to

well-innovated fear of being bedevilled for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of [their] nationality and is unfit or, owing to similar fear, is unintentional to mileage[themself] of the protection of that country; or who, not having a nationality and being outside the country of [their] former habitual residence, is unable or, owing to similar fear, is unintentional to return to it.”³ As UNHCR has affirmed:

A person is a refugee under the meaning of the 1951 Convention once he meets the criteria mentioned in the declaration. This would inescapably do previous to the time at which his refugee status is formally determined. Recognition of his exile status doesn’t therefore doesn’t make him to be one, but declares him to be one. He does not become an exile because of recognition, but is honoured because he is a refugee.⁴

Despite this critical understanding of refugee status determination as a purely declaratory process, the Refugee Convention does not grant all rights immediately and absolutely to all deportees. To the negative, it strikes a reasonable balance between meeting the requirements of deportees and esteeming the licit enterprises of state parties. On this basis, the Convention reflects the dedication of the drafterperson to the establishment of a convention which is both politically pragmatic and an optimistic influence to refugees.⁵

The Convention is grounded on two principles :-⁶

• that there should be no demarcation between citizens and exiles, and
• that there should be no demarcation on grounds of race, religion, country or origin amongst the exiles.

The convention provides that the State Parties shall not place restrictions on the refugees other than those which are necessary until their status is regularised or they obtain admission into another country. Article 2 the convention lays down that the refugees should respect the laws and regulations of their host country and refrain from activities which are inconsistent with their refugee’s status. The principle of non-refoulement has been incarnated in the Convention. This is a requisite principle to the whole arrangement of international bustle in support of refugees.

³ The Convention Relating to the Status of Refugees,(1951), Art 1

⁴ UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status (1979, re-edited 1992), at para. 28.

⁵ J. Hathaway and A. Cusick, “Refugee Rights Are Not Negotiable,” (2000) 14(2) Georgetown Immigration Law Journal 481.

⁶ Gupta.S.R., International law and human rights, first edition,(2009), Allahabad Law Agency

History of Refugees:

People who have sought asylum for a long time have done so because early humans had to migrate in search of resources like food and shelter. King Ethelbert of Kent entrenched in law, circa 600 AD, the ability to seek shelter at a church or sacred place. The Mediaeval Period, when these provisions first appeared, saw the rise of numerous such laws throughout Europe. However, in many nations, it was mandated in the 18th century for individuals to present identification in order to traverse borders. The two World Wars brought us the greatest refugee catastrophes. The first world war raged for over four years. A million Belgian refugees arrived in the Netherlands, from where they were subsequently resettled in the UK and other nations. Germany and France suffered the most. 870000 left Prussia when Russia struck. One such conflict that has never occurred in world history is World War 2.

Approximately 900,000 European migrants had been brought in by European nations by 1959. Additionally, 523,000 other nations including the USA had accepted 461,000 of them. In Europe alone, there were almost 60,000,000 refugees from World War 2.⁷

India’s Refugee History Prior to Independence

India is among the few nations that have faced the refugee crisis in the previous fifty years. India’s history is reflected in the country’s vast migration of people from other nations. There were two routes by which these migrations had occurred: “the Patkai range in the east and the Hindu Kush Mountains in the west.”⁸

Post Independence:

India’s first 25 years after independence were staunch to overseeing 20 million refugees. This resulted from Pakistan’s and India’s separation. As a result, India was faced with a challenge: helping the West Pakistani displaced people. “In the first phase, 160 relief camps were set up, with an approximate fund of Rs. 60 crores grossly rested.” The Indian governance took forward steps to address the refugees problems. The Rehabilitation Financial Administration Act of 1948 was the most significant government action. A sizable number of people were uprooted from Pakistan and India, and the issue was very similar to that of refugees. Another example occurred in 1959 when the Dalai Lama and his allies petitioned for political asylum in India after being welcomed as refugees. A large number of refugees left East Pakistan in 1971 and travelled to India. India accepted the advent of refugees from Sri Lanka in 1983 and Bangladesh in 1986. India had taken in 2,000,000 migrants and 237,000 internally displaced people by the end of 1992. India has always had some number of refugees entering the country over the course of its history.⁹

Indian scenario:

The Indian government accepted refugees Only the Tibetans and Sri Lankan Tamil refugees are recognised by the GoI among all refugees from various countries, and they receive the following relief and assistance:

⁷ Harshit Rai and Vaibhav Dwivedi, Constitutional Provision Regarding Refugee Law in India,International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 261 – 272

⁸ Ibid., pp 7.,

⁹ Harshit Rai and Vaibhav Dwivedi , Constitutional Provision Regarding Refugee Law in India, 4 (3) IJLMH Page 261 – 272 (2021), DOI: https://doij.org/10.10000/IJLMH.11446

Tibetan Refugees:

His Divine Right On March 31, 1959, the 14th Dalai Lama fled to India and was granted sanctuary by the Indian government.Following the Dalai Lama’s flight from Tibet, thousands of Tibetan refugees fled to Arunachal in 1959¹⁰. Following this event, Tibetan refugees started to flood into India. They were granted sanctuary by the Indian government.¹¹and continuously offered assistance, even for managing the Tibetan government in exile.

According to the most recent census, which was carried out by the Central Tibetan Relief Committee (CTRC) of His Holiness the Dalai Lama, there were 73,404 Tibetan refugees living in India as of September 25, 2019. The majority of these refugees have found permanent residence in several States, either by working for themselves or with government support through programs for agriculture and handicrafts.The states of Karnataka (21,922), Himachal Pradesh (16,146), Arunachal Pradesh (4,708), Uttarakhand (4,654), West Bengal (3,006), and Jammu & Kashmir (7,041) are home to the majority of Tibetan refugees.¹²Jawaharlal Nehru, the first Prime Minister of independent India, intervened on behalf of the Tibetan refugees in this particular issue. Jawaharlal Nehru demonstrated a strong personal interest in the Tibetan refugee issues from the outset in 1959. One of the primary causes was the harsh criticism of his China policy that he faced in India throughout the 1950s, with his detractors viewing the Tibetan problem as evidence of the policy’s failure. Furthermore, the Tibetan cause was widely supported in India, mostly as a result of India’s cultural ties to Buddhist Tibet.In order to make up for his political incapacity to take any action for Tibet, Nehru most likely tried to elevate the issue of Tibetan refugees to the top of India’s domestic agenda in the 1960s.¹³

Srilankan refugees:

There are reportedly 100,000 or so Tamil refugees from Sri Lanka residing in India. About 73,300 Sri Lankan Tamil refugees are estimated to reside in more than 100 camps in the state of Tamil Nadu, according to the U.S. Committee for Refugees and Immigrants (USCRI)  World Refugee Survey. An additional 26,300 refugees are registered with the local police and live outside of the camps. A family card is given to Sri Lankan refugees in Tamil Nadu. It contains the family portrait, names of the family members, their age, gender, and date of arrival in India, date of birth, education as well as their address in Sri Lanka. Additionally, individual identity cards displaying the name and address of Sri Lankan refugees are helpful when authorities need to confirm identity outside of the camp. In addition, a change in government policy has made it possible for some Sri Lankan migrants to get a driver’s licence. According to a December 2009 article in The Hindu, if authorised by a recognised camp authority, Sri Lankan refugees will be entitled to get driver’s licence. 14

¹⁰ Wire, 8 April 2017, available at:

¹¹ Ministry of Home Affairs, Government of India Annual Report 2019-20, available at:https:/

/www.mha.gov.in/sites/default/files/AnnualReport=19=20.pdf

¹² Ministry of Home Affairs, Government of India Annual Report 2019-20, available at: https://www.mha.gov.in/sites/default/files/AnnualReport=19=20.pdf

¹³ India: Situation of Tibetan refugees and those not recognized as refugees; including legal rights and living conditions)https://www.refworld.org/docid/3ae6ad4124.html

UNHCR-recognized refugees:

Of the refugees registered with the UN High Commissioner for Refugees, approximately 41,315 are not recognised by the Indian government, with the exception of Tibetan and Tamil refugees from Sri Lanka who are recognised and supported by the Indian government. These include 15,217 Afghan refugees (37‘ ), 22,459 Myanmarese refugees (54‘ ) and 3,639 refugees categorised by the refugee agency as’ others’.¹⁵

The Afghan refugees

These Afghan refugees, which were already among the worst in the world, have gotten worse after the US withdrew from the country and the Taliban took control of the country in August 2021. The countries housing the majority of Afghan refugees, Pakistan and Iran, have received a lot of attention; India’s response to the situation has received less attention. Being one of the biggest Asian donors to Afghanistan, India has made a point of expressing its support for the Afghan people in both public policy and speech. India has demonstrated its support for Afghanistan by shipping food and medical supplies, but compared to Pakistan and Iran, the nation is currently housing many fewer Afghan refugees. The geopolitical situation of India and its refugee policies both contribute to the lack of broader assistance for Afghans seeking asylum.Over the years, India has seen several stages of the Afghan refugee movement, which was first brought on by political unrest in Afghanistan prior to the Soviet invasion in 1979 and the establishment of the first Taliban government in 1996. However, it took more than ten years for the first Afghan refugees to become naturalised Indian citizens. By 2006, thirteen Afghan refugees had achieved this status. Twelve of those were Sikhs and Hindus. UNHCR statistics indicates that there are 19,338 Afghan refugees in India as of right now; however, this number does not include approximately 13,000 Afghan students who have been stuck in India since 2021 and former Afghan military members who are in legal limbo in India.16

¹⁴ (Sri Lanka/India: Status of Sri Lankan Tamil refugees in India, including information on identity documents, citizenship, movement, employment, property, education, government aid, camp conditions and repatriation (2008-January 2010))(https://www.refworld.org/docid/4dd23fd82.html)

¹⁵ UNHCR FACT SHEET-INDIA, 30 APRIL 2021, available at: https://reporting.unhcr. org/sites/default/files/India‘ 20fact‘ 20sheet‘ 20April‘ 202021.pdf)

Chin refugees In India

Before the military took over on February 1, 2021, there were Chin refugees in Delhi. Approximately 3,200 of the 22,459 Myanmarese refugees officially recognized by the UNHCR are ethnic Chins from the Chin State of Myanmar. They came in multiple waves following the military junta’s 1989 crackdown. The majority of the Chins in South West Delhi reside in the regions of Vikaspuri, Budhela, Hastsal, Chanakya Place, and Uttam Nagar and are Christians.¹⁷

Unregistered Refugees:

Apart from the refugees acknowledged by India and those acknowledged solely by the UNHCR, there exist refugees who are not acknowledged by any organisation. Approximately 23,000 Rohingya refugees (estimated at 40,000–17,000 registered with UNHCR) living in various states ¹⁸and over a million Chin refugees from Myanmar living in Mizoram ¹⁹were included in this group of refugees.

¹⁶ UNHCR, Afghan refugees report, available at https://reliefweb.int/report/afghanistan/unhcr-afghan-refugee-statistics-10-sep-2001

¹⁷ Myanmar refugees in Delhi fear for their kin back home, Times of India, 4 February 2021, https://timesofindia.indiatimes.com/city/delhi/myanmar-refugees-fear-for-their-kin-backhome/articleshow/8067 6232.cms

¹⁸ Press Release: CAA Impact – About 6,00,000 Refugees Made Forever Stateless, India Urged To Using Stop Refugees As Pawns As Stated In The Counter-Affidavit To The Supreme Court, 18 March 2020, available

at:http://www.uncat.org/press-release/pressrelease-caa-impact-about-600000-refugees-made-forever-stateless-in dia-urged-to-using-stoprefugees-as-pawns-as-stated-in-the-counter-affidavit-to-the-supreme-court/

¹⁹ After Jammu, 71 Rohingyas Detained in Delhi for Protesting at UNHCR Office, Wire, 16 March 2017, available at: https://thewire.in/rights/rohingyas-detained-delhi-unhcr-protest)

Provisions Governing Refugees in India:

Constitutional law of India:

Article 21²⁰ of the Indian Constitution According to the Constitution, no one, citizen or foreigner, may be deprived of their life or personal freedom unless a fair and legally-established procedure has been followed. The idea of common law is officially incorporated into the Indian Constitution, meaning that earlier court rulings aid in defining the law as it exists now. This principle cannot be changed since the courts themselves have gone so far as to make judicial review one of the fundamental components of the Constitution.²¹

According to Article 51²², the State would work to promote respect for treaty obligations and international law in interactions between organised people. Article 51 outlines the spirit in which India handles her international interactions and commitments as a directive principle of State policy.

Common law governs the Indian legal system.

The power of Parliament to enact laws for the whole or any portion of India’s territory in order to carry out treaties, agreements, or conventions with any country or countries, as well as decisions made at international conferences, associations, or other bodies, is expressly stated in Article 253²³ of the Constitution. It is evident from reading entry 14 of the union list of the Seventh Schedule that the Union has the authority to “enter into treaties and agreements with foreign countries and implement treaties, agreements and conventions with foreign countries.” This means that the Union has the right to cross the State list in order to carry out treaty implementation. Therefore, the fact that a legislation enacted in compliance with this Article gives effect to an international convention cannot be used as justification for invalidating it because it contains provisions pertaining to State matters.

A clause of the ICCPR was cited in Nilabati Behera v. State of Orissa²⁴ to support the argument that the right to compensation should be a secured right and accessible as a public law remedy under Article 32, which is different from a private law remedy in torts. The court decided that in order to advance the goals of the constitutional guarantee, “any international convention not inconsistent with the Fundamental Rights and in harmony with its spirit must be read into these provisions to enlarge the meaning and content.” Therefore, there is no reason why the fundamental rights that are specifically protected by the Indian Constitution cannot be interpreted and supported by these international conventions and norms.25

²⁰ Art 21, Consti, 1950

²¹ Mrs. Indira Gandhi vs. Raj Narain, 1975 (SC) AIR 2299.

²² Art 51 , Consti, 1950

²³ Art 253, consti, 1950

²⁴ 1993 (2) SCC 746

Article 73(1) of the Constitution was cited by the Supreme Court in Maganbhai Ishwarlal Patel v. Union of India²⁶. According to this article, the Union’s executive power is subject to the Constitution’s provisions and covers the following areas:

1. 1. all subjects over which Parliament has the authority to enact laws; and

1. 1. the use of any rights, powers, and jurisdiction that the Indian government may exercise in accordance with any treaty or agreement.

The Court also cited Article 253 of the Constitution, which gives Parliament the authority to enact laws to carry out agreements, conventions, or treaties. A widespread misperception is that this article suggests that the treaty, accord, or convention cannot be enforced until such a statute is passed.

This argument, the Supreme Court rejected, claiming that it was based on an incorrect interpretation of Article 253. Although the article gives Parliament specific authority, it does not try to limit the scope of the authority granted by Article 73.

Whether in a time of war or peace, our Constitution does not stipulate that passing legislation is a prerequisite to signing an international treaty. The Executive may enter into agreements, conventions, or treaties that impose responsibilities on the State that are enforceable under international law. The Executive is qualified to represent the State in all matters before international forums.

According to the Court’s ruling, an international agreement or resolution that strengthens people’ rights is immediately enforceable. On the other hand, before the document or resolution may be put into effect, a statute must be passed if it limits the citizens’ current rights. It is evident that even if India does not ratify the 1967 Protocol or the 1951 Convention on the Status of Refugees, Article 21 of the Indian Constitution incorporates the fundamental rules of international law pertaining to refugees.

The fact that India has acceded to the ICCPR, the CRC, and CEDAW makes this commitment much more apparent. The Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946, and the Passport Act, 1967 do not contain any provisions pertaining to refugee law.The Indian government is not given complete authority to drive out foreigners from Indian territory under Section 3(1)27 of the Foreigners Act. The concern is not whether a right exists, but rather how that right is used. It is required that the right be used reasonably. International refugee law will decide what is reasonable in the case of refugees. That is how refugee relief has been awarded by different courts under specific condition.

²⁵ Colin Gonsalves, The Somewhat Automatic Integration of International Refugee Conventions in Indian Law, Bulletin on International Humanitarian Law and Refugee Law, Vol. 3 issue 2, 247-254 (1998).

²⁶ 1969 AIR 783, 1969 SCR (3)

In keeping with this spirit, the Guwahati High Court granted a temporary release of a Burmese citizen in the Boghy v. Union of India case²⁸, enabling the petitioner to submit an application for refugee status to the UNHCR office in Delhi. Hence, through judge-made legislation, Indian courts have accomplished what the government has either been unable or unwilling to do. Article 21 of the Constitution integrates international refugee law into Indian law, regardless of the government’s decision to accede to the 1951 Convention and the 1967 Protocol.

Aside from Article 21, other sections of the Indian Constitution pertaining to refugees can be found in List I, entries 14, 18, and 19, List III, entry 27, and Articles 5 to 11, 14, 22, 20, 25(1), 27, 28(3), 51(c), and 253. These clauses cover a wide range of topics, including citizenship, naturalisation, aliens (apart from hostile aliens), extradition, displaced people, the fundamental rights of all Indian citizens, including refugees, the rights of those involved in criminal proceedings, and the Parliament’s authority to recognise international treaties.

Specialised refugee groups like Tibetans, Chakmas, Sri Lankans, and Afghans have received varying degrees of support and amenities, such as those related to educational opportunities, camp conditions, job chances, and voluntary repatriation. The courts have given the right to life under Article 21 a broad interpretation that includes the due process of law, meaning that it encompasses not just the right to an animal existence but also the “right to live with human dignity.” Regarding refugees who are being held in detention, this right encompasses the right to food and medical care as well as the basic needs of life. These sections of the Indian Constitution make it clear that refugees are entitled to the same recognition of natural justice as members of all civilised societies under the common law systems.

²⁷Sec 3(1), foreigners Act, 1946,India

²⁸ Civil Rule No. 1847 of 1989,

Laws Governing Refugees in India:

A variety of domestic laws are in effect to address the issue of refugees. The terms “foreigner” and “refugee” are used interchangeably in India. And this leads to an abundance of issues that will be discussed later. The legislation in question are:

• • The Passport (Entry into India) Act of 1920

• • The Passport Act of 1967

• • The Registration of Foreigners Act, 1939

• • Foreigners Act, 1946

• • The Foreigners Order of 1948.

The Passport (Entry into India) Act, 1920 and the Passport Act, 1967

do not distinguish between individuals who are genuinely refugees and other types of foreign nationals such as tourists, economic migrants, and students. Because they don’t have a valid passport, the refugees are therefore at the risk of being detained by immigration authorities and being forcibly deported²⁹. Refugees should not be penalised³⁰ because they might flee during unrest and not have time to obtain a passport. Due to infrastructural deficiencies and geographic remoteness, passport offices may not be accessible in the majority of the countries. If the public interest requirements are met, refugees may be granted legitimate passports and identity cards upon entering Indian territory³¹. But up until now, only refugees from Tibet have been issued valid passports.

Their political and spiritual leaders also live in India, and they have their parliament there, which explains why they are given “privileged treatment.” It is criticised by certain academics because it undermines India’s sovereignty. The argument can be that no refugee is granted the fundamental right to freedom of movement or an identity card in order to safeguard national interest. Additionally, because they lack identification, refugees have difficulty opening bank accounts, obtaining ration cards, or renting housing. This is contradictory in that freedom of movement is not guaranteed by the constitution, but the government may grant it based on a case-by-case review and the imposition of reasonable limits. Since all refugees should be treated equally while they are in India, this blatantly breaches the equality principle.

²⁹ Bimal N Patel, India and International Law, (2005 edn), Martinus Nijhoff Publishers, 2005

³⁰ 1951 the refugees convention, Article 31

³¹ Section 20, passport act, 1967

Registration of Foreigners Act, 1939

The Central Government is able to impose regulations on foreign nationals because of this Act. When and to whom to report, together with identification documentation and a registration certificate.³²Refugees should not be subject to this rule since they have already endured suffering by the authorities of their government, and these oppressive procedures would only make matters more difficult. Furthermore, there are no balances to limit the Central government’s power, which is arbitrarily utilised to punish legitimate migrants.

Foreigners Act of 1946

Further limitations on refugees are imposed by the Foreigners Act of 1946, which specifies who they must meet and the sole entry points into the nation. The fact that the authorities have “unlimited power” to detain and arrest any foreign national on the mere suspicion of breaking this act is one of the main objections levelled at it. Despite this, the court attempted to limit this authority by declaring that there had to be a real violation of the law in order to impose penalties.³³ Regretfully, an increasing number of refugees are being held without cause and are not freed for extended periods of time.

The Foreigners Order, 1948:

Finally this Act gives the State government the power to “grant or refuse” a foreigner access into Indian territory based on a variety of factors, including an invalid passport, mental illness, the public’s safety, or the presence of a “loathsome” disease.If the requirements outlined in the Foreigner Act are not met, the civil authority has the right to deny permission. This law is unfair and arbitrary because, from the perspective of human rights, a refugee has a different situation and should be handled with compassion. It’s common knowledge that the majority of refugees are held in transit zones before being allowed to enter India. These transit zones are regarded as “International Zones” where local law is not applicable. They are primarily airports, seacoasts, or territory expressly designated for this purpose. Since the refugee is believed to not have entered India officially, he is only eligible to pursue administrative remedies rather than legal ones in this situation.³⁴ When bureaucrats or customs officials handle such a case, there is a significant risk of deportation and eventual persecution of the refugees due to their lack of legal understanding and ability. This results in a breach of the non-refoulement norms.

³² R. J .S. Tahir (eds.) Ragini Trakroo Zutshi, Jayashree Satpute, Md. Saood Tahir: Refugees and the Law, 2edn, HRLN, 2011, pp 78

³³ 1961 (1) Cr. LJ 584, para 13.. , Kallan Khan v. State

³⁴ R. J .S. Tahir (eds.) Ragini Trakroo Zutshi, Jayashree Satpute, Md. Saood Tahir: Refugees and the Law, 2edn, HRLN, 2011, pp. 137.

The Indian Penal Code does not distinguish between foreign nationals and refugees;³⁵ both groups are subject to penalties for forgery, document fabrication, and deceit.³⁶ The relevant authorities frequently disregard the strong reasons given by refugees for not having legal documentation. Refugees should not be subject to the IPC in any way.

Authorities In India That A Refugee Could Meet:

Legal issues may arise throughout a refugee’s arrival, residence, and departure from Indian territory, especially if they are not granted official status as refugees by the Indian government.³⁷ Depending on where they enter India, where they are being held, and whatever legislation they may have broken, they may deal with several administrative entities. There are various categories of authorities;

Authorities in Charge of Border Control:

The Assam Rifles, the Indo-Tibetan Border Police, the Indo-Nepal Border Police, and the Border Security Force make up the nation’s border authority. When refugees arrive or leave the nation via land routes, they are typically the first representatives of the Indian system that they come across.It would be challenging to physically patrol India’s entire international border due to the dangerous terrain of the Border States. Refugees enter and depart Indian Territory illegally through these border breaches.

Immigration/Customs Authorities:

When a refugee enters the country illegally, immigration officials frequently want to deport her right away to her home nation. The non-refoulement principle is broken by this. The refugee is detained at an immigration portion of the airport or seaport, where their basic living circumstances are typically subpar, until their deportation. She needs to pay for her own food. When a refugee is deported, she is usually left entirely penniless because she is responsible for paying for her transportation.

³⁵ Ibid, pp. 33.. A

³⁶ See Section 416, 420, 463, 464 of IPC, 1860

³⁷ Tibetan refugees, Sri Lankan Tamil refugees and Chakma refugees are recognized as refugees by the Government of India and special arrangements have been made for them.

The Police:

If the aforementioned mismatch is discovered or the refugees’ documents expire, they may be arrested. Refugees frequently neglect to renew their residency permits or visas with the local FRRO. As a result, the local police often carry out random checks at locations that are frequently visited by foreigners and refugees, including marketplaces, hotels, restaurants, and places of worship. Government-administered refugees are typically exempt from the need to possess current passports and other paperwork. With regard to some mandated refugees, such as ethnic Afghans, Somalians, and Sudanese, the government has tightened its regulations and now mandates that they keep a valid passport and residency permit.

Consequence of permitting refugees:

●      societal repercussions of accepting immigrants:

India may experience a number of societal repercussions from accepting refugees. For example, refugees may cause the indigenous people to experience an identity crisis. For instance, the Bangladeshi refugees who are now residing in Assam and Arunachal pose a threat to the native people of the area. It is challenging to locate and repatriate them to their nation after a few years. For instance, the Northeast was used by Rohingya refugees and illegal immigrants from Bangladesh. However, subsequently, they extended to every other state, including UTs like Jammu & Kashmir, Delhi, Kerala, Telangana, and Haryana. It is very difficult to identify them amid the more than one billion Indians.

●      The financial impact of accepting refugees:

increased state financial accountability. In 2014, the UNHCR reported that over 200,000 people were refugees in India. India is home to millions of undocumented immigrants. India does not currently have enough money to meet all of its fundamental demands. lowers the pay scale and drives out the indigenous population. In addition to needing food and shelter, illegal immigrants and refugees labour for extremely little pay in the places where they settle. Locals are affected since they are unable to find suitable employment. The political ramifications of accepting refugees: Illegal voting is a problem. In order to receive benefits, illegal migrants obtain false national identity documents, such as voter identification cards.

By obtaining that, they are able to cast ballots and affect the results of elections.

●      Terrorism issue:

Because these immigrants are not welcomed by governments, they run the risk of working for and receiving money from terrorist organisations located in Pakistan.

The difficulties the migrants faced were:

●      Difficulties with maintaining good physical and mental health:³⁸

The health needs of migrants and refugees can differ from those of the host communities due to their various backgrounds.Migrants and refugees frequently originate from areas that have experienced natural catastrophes, war, conflict, environmental degradation, or economic hardship. They travel great distances, wear them out, and have limited access to food, water, sanitary facilities, and other necessities. This puts them at risk for food- and water-borne illnesses as well as communicable diseases, including measles. Due to their isolation, stringent entry and integration rules, and migratory experience, they may also be at risk for different noncommunicable diseases, unintentional accidents, hypothermia, burns, unintended pregnancy and delivery-related difficulties, and other noncommunicable diseases.Because of their past traumatic or stressful experiences, migrants and refugees may also be more vulnerable to mental health issues. Many of them suffer from depressive and anxious feelings, hopelessness, trouble sleeping, exhaustion, irritability, rage, or aches and pains; however, for the majority of people, these distressing symptoms gradually get better.

Compared to the host populations, they might be more susceptible to conditions like depression, anxiety, and post-traumatic stress disorder (PTSD).

●      Access to health treatments is hampered by the following:

xenophobia, discrimination, and being among the most vulnerable elements of society are commonplace for refugees and migrants. poor working, living, and housing situations; insufficient or limited access to primary healthcare services. Particularly those in lopsided conditions, migrants are periodically left out of national health promotion, illness circumvention, treatment, and care initiatives. They are also frequently denied access to financial support for medical care. Furthermore, they may experience dishonour, inadequate interpreting services, limited health literacy, inadequate cultural aptitude among healthcare professionals, and costly user fees. For those who are disabled, the barriers are much more

severe. Accessing protection and response services against sexual and gender-based violence may present challenges for women and girls. Children of refugees and migrants, particularly those who arrive unaccompanied, are more likely to encounter traumatic incidents and demanding circumstances, like abuse and exploitation, and they may find it difficult to obtain medical care.

• The definition of “Refugee” under Indian law must be clarified. The term “refugee” ought to be expanded to include individuals who have been uprooted by natural catastrophes, those who have been publicly shunned for openly identifying as members of a different sexual orientation, and those who are escaping threats posed by crimes against women and children. This can guarantee that the West doesn’t become involved when it comes to handling refugees while still providing the highest level of protection.

• • India ought to push the State governments to complete the National Register of Citizens (NRC) and determine the population of undocumented immigrants and refugees.

• • To create an Indian national migration policy and a national refugee policy, the Central Government should designate a National Immigration Commission.

• • The government must bolster the Foreigners Act of 1946 and enter into bilateral deportation agreements with neighbouring nations.

• • In addition, state governments must detect unlawful immigrants in accordance with the 2018 MHA rules.

The recommendations are as follows:

 Limits on the places where illegal migrants are allowed to reside in accordance with the law obtaining       their biometric and biographic information  

     Removing fraudulent Indian documents.

 Starting legal actions, such as deportation actions, in accordance with the law. For the same reason that the frontiers are porous and the surrounding countries are always at risk from political instability, India must likewise fortify its borders. India can enhance border security by looking into possibilities like smart barriers and border fences, among other things.

 India must enact domestic legislation to guarantee that all refugees receive the bare minimum of protection. Without it, refugee rights are only administrative advantages rather than rights in the true sense. For refugees who have bravely chosen to return home, voluntary repatriation might be an option. Through ‘go-and-see’ visits, education, legal aid, and family reunion, UNHCR works in conjunction with the country of origin and the international community to enable their decision.

 Resettlement in another nation is one option for persons who are unable to return due to ongoing hostilities, wars, or persecution. We offer access to education and employment, language and vocational training, cultural orientation, and other resources to support this process.

For individuals who are unable to go back home, integrating into the host community is an additional option. This is frequently a difficult procedure that has high expectations for the recipient society as well as the individual. It does, however, provide advantages, enabling refugees to make social and economic contributions.

Conclusion:

Despite laws and treaties protecting refugees in this highly developed and technologically advanced era, refugees nevertheless confront numerous difficulties. Humanities observe that a developing nation the size of India with no laws managing its refugees has a very low standard of living for its citizens. The law regarding refugees will undergo significant development if the NHRC and UNHCR collaborate on the same project.In India, a large number of rulings favour the refugees. However, it should also ensure that those who come looking for opportunity do not mistreat or abuse the refugee statute. In general, India needs a refugee law to control the entry of refugees.