Sept. 6, 2024
India’s Path to Protecting Refugees
Source: The Hindu
Context:
Since gaining independence in 1947, India has witnessed several waves of forced migration from its neighbouring nations, prompting the country to adopt a complex and evolving refugee policy.
Who are Refugees?
Refugees are individuals who have fled their home countries due to severe threats to their life, physical safety, or freedom, requiring international protection.
Causes of India's Refugee Crisis
• In India, the term refugee is not legally defined, as the country is not a signatory to the 1951 Refugee Convention or its 1967 Protocol. This absence makes it difficult to distinguish between economic migrants and genuine refugees seeking asylum.
• Political Instability and Conflicts in Neighbouring Countries: For example, the partition of India in 1947, the Bangladesh liberation war in 1971, the Sri Lankan civil war from 1983 to 2009, and the ongoing Rohingyacrisis in Myanmar have resulted in a significant influx of refugees into India.
• Ethnic, Religious Persecution and Humanitarian Considerations: Tibetan Buddhists sought refuge in India after the Chinese occupation of Tibet in 1959.
• Natural Disasters and Environmental Factors: In 2015, a devastating earthquake in Nepal, forcing thousands of Nepalese to flee across the open border into India for safety and assistance.
• Porous Borders and Lack of Comprehensive Refugee Policy have made it challenging to effectively manage and regulate the influx of refugees.
India’s History of Granting Asylum to Refugees
• Jews Refugees: The destruction of the Herod’s temple by the Romans in 70 CE during the First Jewish-Roman War lead the Jews to seek refuge in various parts of the world, including India.
• Tibetan Refugees: In 1959, India opened its doors to Tibetan refugees fleeing the Chinese occupation of Tibet, granting them asylum and establishing settlements for their rehabilitation.
• Partition Refugees: during the partition in 1947, India accommodated millions of refugees from the newly formed state of Pakistan.
• Chakma and Hajong Refugees: Communities from the Chittagong Hill Tracts in the early 1960s.
• Refugees from East Pakistan In the wake of the Bangladesh Liberation War in 1971.
• Sri Lankan Tamil Refugees escaping the civil war and ethnic violence in Sri Lanka.
• Rohingya Refugees fleeing violence and human rights abuses in Myanmar's Rakhine State.
Legal Framework Related to Refugees in India
Citizenship Act, 1955: Citizenship Amendment Act, 2019 (CAA) seeks to provide citizenship for persecuted Hindu, Christian, Jain, Parsi, Sikh, and Buddhist immigrants from Bangladesh, Pakistan, and Afghanistan. However, Muslim immigrants have been excluded.
Registration of Foreigners Act of 1939: all foreign nationals visiting India on a long-term visa (more than 180 days) must register themselves with a Registration Officer within 14 days of arriving in the country.
Foreigners Act of 1946: empowers the Central government to detect detain deport illegal foreign nationals present in the country.
Future Strategy to Tackle the Refugee Crisis in India
• Upholding Non-refoulement: Non-refoulement is a fundamental principle of international refugee law that prohibits states from returning asylum seekers to a country where they would face persecution and torture.
• Enhanced Diplomatic Engagement and International Cooperation: India could expand its cooperation with the UN High Commissioner for Refugees (UNHCR), similar to how it worked with them during the Tibetan refugee crisis in the 1960s.
• Balancing Security and Humanitarian Concerns: This involves providing essential services like healthcare, food, and temporary shelter to Rohingyarefugees while addressing security concerns.
• Women and Child Protection: The UNHCR's "Safe from the Start" program in Ethiopia, focusing on preventing sexual and gender-based violence in refugee camps, is an example India could consider.