Refugee Policy Of India: Security Vs. Human Rights

Refugees are people who have fled war, violence, conflict or persecution and have crossed an international border to find safety in another country. Historically, India has openly welcomed refugees facing persecution in their domestic countries. On the other hand, illegal immigration has also posed a national security threat to India. Tibetan refugees and Tamil refugees from Sri Lanka were provided shelter and support due to the principle of ‘Vasudhaiva Kutumbakam’ but India was non-welcoming to Rohingya from Myanmar on account of safety and security.

• India is not party to the 1951 Refugee Convention or its 1967 Protocol and does not have a national refugee protection framework. As a result India deals differently with various refugee groups highlighting a “strategic ambiguity”.
• India respects the principle of non-refoulement for holders of UNHCR documentation. Also, it is contained in the 1984 Convention against torture, to which India is a signatory. The principle of non-refoulement prohibits any state from deporting an individual back to where they would face threat to their life or freedom.

Why India has not signed the Convention or the Protocol?

• Definition of “refugee”:As per India, the definition of refugee under the convention is narrow as it fails to recognize “the fundamental actors which give rise to refugee movements”.
• Threat to Sovereignty: Article 35 of the convention vests the responsibility of supervising the refugee processing on UNHCR, thus, India does not want its sovereignty to be threatened by any International community. Also, there can be incidences of uncontrolled infiltration of terrorists, criminals and radical elements.
• Lack of Capacity to absorb Refugees: India, which is still a developing country do not have enough resources to take care of refugees.
• Negative Impact on India: Borders in South Asia are extremely porous and any conflict can result in a mass movement of people. This can have two consequences:-
  • a strain on local infrastructure and resources in countries that are poorly equipped to deal with sudden spikes in population.
  • it can upset the demographic balance.

Issues related to Refugees

• Refugees and asylum-seekers often live in poverty, dispersed in urban areas, where they can face violence and exploitation.
• They do not have the legal right to work, but are able to find low-paid employment in the informal job market.
• Women and children appear to be at increasing risk of gender-based violence, partly as a result of sharing living space with strangers, due to rising accommodation costs.
• Child labour among refugee and asylum-seeking children is common, and is a serious protection concern.

Impact of absence of Refugee Policy on Refugees

• The lack of a national refugee protection framework is an obstacle to providing effective refugee protection.
• Since Indian law does not define who is a refugee, the government can brand all refugees and asylum seekers under the umbrella “illegal migrant” term.
• India’s lack of a formal legal framework, domestically and internationally, has allowed it to follow an ad hoc policy regarding refugees.
• Limited understanding of refugee and statelessness issues among local populations can result in hostile attitudes toward persons of concern.
• In the absence of a dedicated refugee policy, a steady increase in the number of asylum-seekers has reduced scope of protection provided by the government.
• Due to poor socio-economic conditions of large segments of India’s population, a rise in racism and xenophobia against refugees have undermined the tradition of tolerance in India.
• Increased measures to combat terrorism and address security concerns are likely to have a negative effect on refugees and asylum-seekers, who are already finding it harder to regularize their stay in India.

Benefits of a dedicated Refugee Policy

• A dedicated policy would allow the country to prevent refoulement and arbitrary detention of refugees.
• A clear law with clear definitions of a ‘migrant’ and a ‘refugee’ will also help identify actual ‘illegal immigrants’, ensuring the security and safety of the country without breaching international law.
• An unambiguous policy would also help establish a stronger relationship with the UNHCR. Like many countries, India could take advantage of the expertise of the UNHCR with regards to Refugee Status Determination and collaboratively work on the socio-economic protection of refugees, thereby reducing the financial and administrative burden on the state exchequers.
• The legislation would strengthen India’s policy of ‘Vasudhaiva Kutumbakam,’ ‘Sabka Sath, Sabka Vikas’ and SAGAR (Security and Growth of all in Region).