ISSN : 2581-8465

Author : By Sidhanta Sarkar & AditiNarain

Btech.LLB, University of Petroleum and energy Studies, Dehradun.

Abstract

India has been actively, since the partition of 1947, been welcomingrefugees. Around 35-40 million people have moved across the border in the Indian sub-Continent. India opened boundaries for Tibetans, Sri Lankans, Bangladesh, Afghans and others. They refugees mostly reside in refugee camps near the areas from which the refugees enter.

Following the basic principle of refugee laws, non-refoulement meaning to forbid the country to send back refugees or immigrants to their home country when they are to face persecution, India has always provided shelter. However, shelter that fails to;  sustains living conditions, healthcare and nutrition access, legal assistance or security to women and children, stands under violation of humanitarian as well as international laws of those individuals who are suffering through it all.

Under Indian constitution few articles are entitled to non-citizens as well, Articles 14, equality before law and article 21,protection of life and personal liberty are also violated when the above listed are inadequate or unavailable to all those residing within Indian territory.

The new leaf in the Citizenship Bill has created more chaos than order, which is evident as the permanent residents are threatened by the increasing refugees in the north-eastern regions of India. New policies of the government fail to deal with the influx of refugees in fair terms. Their necessities are not taken care of in most cases but the number of refugees keeps rising.India is on the verge of enticing disorder due to the refugees. Since they do not want to return to their homeland in fear of persecution, they continue their asylum here. Lacking in a legal prospect for refugees and not being signatory of the 1967 Protocol, will take a toll on the authorities responsible for them.

The paper will discuss in-depth about the above concerns listed in regard with the immigrants and refugees residing within India.

Keywords:refugees, non-refoulement, persecution, Citizenship Bill, 1967 Protocol, immigrants

Table of content:

  1. Demographics of living stance of immigrants and refugees of India
    1. virtue of immigrants in India
    1. virtue of refugees in India
    1. closure of living stance
  1. Demographics of living stance of immigrants and refugees of India

India has suffered a lot of criticism from the UN in the last few decades regarding the laws and legal stance given to the immigrants. Needless to say, India has a very narrow thin line made to distinguish between immigrants & refugees. This line deprecates all the norms and legality that decide that the person is liable to live a normal life with all dignity as well as sanity and vice-versa.

1.1 Virtue of immigrants in India

India has been accepting large numbers of immigrants, for the most part from the neighboring nations of South Asia, and some from different parts of the world, and subsequently she should be viewed as a major migration nation. The article gives a point by point discourse of the issues and worries of cross-border migrants, and India’s arrangement position in managing movement. It contends that India needs to separate between the stocks and the streams of its migrants populace. Likewise, it would no uncertainty be in the bigger premiums of the nation to control the unabated streams of migrants from over the borders and limit their negative impacts, however one must not dismiss the parts of an empathetic migration policy, incorporating interest in the human capital of the migrant populace.

  1. Virtue of refugees in India

This huge number of refugees are to reside in India and the ones already residing fall beyond 3 lakh.  A concern is raised when the lives of these people are being inspected and the basic humanitarian rights are also deprived to them, in a country of over 1.35 billion population out of which not even the 60% population exercises all humanitarian Right, let alone the legal rights. The refugee should be provided with the facilities which they are entitled to and the country should bring in protocols and procedures to help these refugees for a better life.

India has around 9,200 refugees from Afghanistan, out of which 8,500 are Hindus. There are likewise in excess of 400 Pakistani Hindu displaced person settlements in Indian urban areas, basically in the conditions of Gujarat and Rajasthan. Other displaced person clans like Buddhist Chakmas and Hindu Hajongs from Bangladesh have gotten evacuee status in India. As indicated by the 2011 registration, 47,471 Chakmas live in the north-eastern territory of Arunachal Pradesh alone.

The most questionable refugee campaign happened a year ago when 40,000 Rohingya Muslims got away Myanmar to take cover in India. India has sorted the Rohingya as illicit settlers and a security danger, favoring the Myanmar government. The Indian government has expressed that the guideline of non-refoulement, or of not driving outcasts to come back to their nation of starting point, does not make a difference to India mainly as it’s anything but a signatory to the 1951 evacuee tradition. The workplace of the UNHCR has issued personality cards to around 16,500 Rohingyas in India, which it says forestalls “provocation, self-assertive captures, confinement and expelling” of displaced people. The UN depicted the Rohingya evacuees as “the most abused outcast network” on the planet that does not have the help of the worldwide organization of country states.

1.3 closure of living stance

The question after dealing with the demographics of their living standards comes is that why the Indian government is not favoring these mighty helpless human-beings. India has always been supportive in nature towards other country. But, after the two bills being passed i.e. the NRC regime and citizenship bill, it seems like India is no longer thinking about these un-organized, helpless people living in the camps. This action taken by the Indian government created a very strong impact in life-style of these immigrants and refugees. It is worthless to state that India is a secular country with all religion being equally treated after this passing of bills. The narrow thin line which this dignified country was maintaining came into the verge of finishing. As now, like all other countries India also aims at creating a specific religion based community.

The antiquity of Indian constitution

India has been rigid with the ratification of their ownstatues, the 1954 UN convention relating to status of stateless person have always acted as a crucial directive instruments. The articles that used to deprive foreigners of citizenship in specific cases of fraud and non-notification were enshrined under article 8(2)a, 8(3).

Also, India being such a diverse and glorified country has not signed to the 1951 Refugees convention nor the 1967 Protocol. This also has a lot of impact when the question arises of the legal stance of immigrants and refugees in India.

The validity of citizenship bill and NRC regime is still a big task for the government as the latter half can make half of the population strive on roads.

Present statues and their impact on Indian society

Article 6(A) of Indian constitution gave citizenship to anyone of Indian origin (either parent or grandparent was born in undivided India) entering Assam from the “specified territories” before 1 Jan 1966 and lived In India since.

There are several articles which don’t differentiate between citizens of India and foreign nationals i.e. article 21 which guarantee the right to life and personal liberty. Article 14 and article 22 which provide equality before the law and equal protection of laws and the other which offers protection against arrest and detention in certain cases. However, these articles also do not apply to the enemy aliens.

The hon’ble supreme court provided an explanation that up gradation of NRC was not intended to be the only sole identification of inhabitants of state of Assam. The court also confirmed that this decision was taken keeping in mind not to deteriorate article 6a of constitution. The inclusion of section 2a of Indian citizenship act was also kept in mind during the passing of this decision.

Section 14 of foreigners act provides huge reliefs by dealing with the cases at utter priority. This section states that if a person contravenes the premises without legal authorized valid documents and authority, then he/she will be penalized to five years of imprisonment and also fine can be imposed. Hence, this section makes it easy for the judicial system to not linger on these cases as the learned counsel need only to talk about the illegal entrance to this country’s premises.

Thinking of refugees & immigrants after the lapse of citizenship bills

The refugees of Assam came into rigorous protest after the passing of these bills.  Needless to state that the people of Assam had a sigh of relief after the lapse of this bill. The people of Assam are taking this as a victory over the government of India. But also this lapse of citizenship bills will create a tremendous fall in the control of Assam state as approximately 17 Assembly constituencies of lower and middle Assam will be captured by the Bangladeshi Muslims. This will definitely pave of the control of Indian citizens over this region.

These pavement of bill will be a crucial aspect in the long run. As, the chances of invaders from other countries entering into our premises will reach to its peak. This will create a very huge political as well as social disturbance in our country.

Judicial supervision

From the below mentioned cases, the sentiments and the whole-sole undignified powers of government of India will get questioned.

“State of jammu&kashmir v Dr. susheelasawhney

full bench of the high court opined that the position that develops because of the joined perusing of the arrangements of articles 5 and 6 of the constitution of India, of the citizenship act and of section 6 of the state constitution is that the juristic or counterfeit people like organizations and enterprises have not been incorporated inside the ambit of the term ‘lasting.

After this judgment, it came that the word “permanent” should also be amended to the Indian citizenship act. This is also the mere reason for amendment of citizenship & NRC due to invoking of the term permanent.

This case was the starting of declaration & of the citizenship laws in India. The judicial system has always been a very integral and undiscovered part of India. This creates a huge possibility of using the loop-holes for the advocates in making the decision tilting their way.

In State v. Md. Shahajahan&Ors.,[2] belonging to the Rohingya community of Myanmar, four petitioners were arrested from Kharagpur Railway station as they fled from their country in fear of prosecution and under Section 14A (B) of the Foreigners Act and were awarded a sentence of two years rigorous imprisonment. After completion of that, they filed for citizenship of which the court was not informed and hence thy were asked to be deported back wherein HRLN Kolkata filed a petition on behalf of the refugees that push back/deportation of/ to their native country. The petitioners were released vide an order dated 2.05.2017. As per  Section 3 of the Foreigners Act, 1946, the Central Government has the power to pass orders/make provisions for the presence of foreigners in India (continued or otherwise), and the Act does not grant the same power to the court. Thus, the court could not apply this and the imprisonment was the only order held applicable and not of the deportation.

Hence, the jurisdiction used here in this case, was just unreasonable and unsustainable as the court did not took the evitable jurisdiction of foreigners act, 1946. These small faults created in the hon’ble court have caused a huge impact in the life of rohingya community.

Talking about the controversial judgment which will grant permission to a girl w.r.t section 14 of foreigners act.

State v. Md. JuberRahingi and Anr, Child Welfare Committee[3] ,The petitioner and  his cousin were arrested on 19 November 2014 and charged under Section 14 of the Foreigners Act , but his aunt was granted refugee status by the United Nations High Commissioner for Refugees, India (UNHCR) in August 2015, all three of them fled their country Myanmar in fear of prosecution. Although after being declared as a  ‘child in need of care and protection’ by the Child Welfare Committee, the minor was sent back to his mother vide order dated 22 August 2016 by the CWC. When he turned to a major, a release was allowed by the CWC and Md. JaberRahingi was released vide order dated 25 January 2017 and he is a registered asylum seeker in India.

Hence, the contention being made here was if this girl can get permission, then why can the other minority community can get permission. The sections and cases do not talk about the sentiments of the societies. But, in the lay man language, this gives an impact that the whole-sole authority is to government of India. Whatever decision they give, the society needs to follow the same without uttering anything. The society has started thinking the government is the invincible dictator here in this country, which is not a good sign for the future of this diverse country named “India”.

The legal aspect also does not give substantial evidence as to deriving the meaning of Refugees and immigrants in India. This narrow line between both of these phases can be clearly seen in the legal methodology of India as well. India has never been a helpful nation in terms of legality is concerned for the refugees & immigrants.

Landmark case for section 6(a) of Indian citizenship act

The case which will decide the constitutional validity of section 6(a) of Indian constitution is

the important pending case which will decide the future of migrants from Bangladesh “Assamsanmilitamahasanghavs union of india”.

The IMDT Act was tested under the steady gaze of the Supreme Court in SarbanandaSonowal v UOI, since it made a few takeoffs from the Foreigners Act,1946 and Foreigner Tribunal Order, 1964. The IMDT Act switched the weight of verification from people to State, made reference to council increasingly grave, and by implication made it harder to oust illicit workers. The Supreme Court struck down the IMDT Act and held it as illegal. In any case, the extensive scale unlawful relocation and political strife proceeded.

Assam SanmilitaMahasangha, alongside different associations, tested the sacred legitimacy of Section 6A of the Citizenship Act, 1955 of every 2014. A 2-Judge Bench of the Supreme Court heard the issue and passed a request under Art 145(3) of the Constitution, eluding the issue to a bigger Constitutional Bench of the Supreme Court. On nineteenth April, a 5-Judge Bench, containing Justices MadanB.Lokur, R.K.Agrawal, Prafulla Chandra Pant, D.Y.Chandrachud, and Ashok Bhushan was comprised.

This recent case is pending and will decide the future of section 6(a) of Indian citizenship act.

The issues which are being dealt in this case are “whether Section 6A of the Citizenship Act, 1955, violates Article 14 by singling out Assam from other border states?

whether there is a rational reason for having a different cut-off date for regularizing illicit vagrants who enter Assam instead of the remainder of the nation?

whether the influx of illegal migrants into an India state establishes ‘external aggression’ and/or ‘internal disturbance’ under Article 355?”

The case is pending but will decide the maintainability of section 6(A) of Indian citizenship act.

The judgment of this case will be highly dependent on article 355 of constitution of India which talks about the protection of union against external aggression and internal disturbance. This four bench judgment will decide the future of “Assam migrants” or “illegal immigrants”, wholly depends on the decision of this case.

Legality and aspects of dual citizenship in india

The Constitution of India does not permit holding Indian citizenship and citizenship of a foreign country at the same time. In light of the proposal of the High Level council on Indian Diaspora, the Government of India chose to allow Overseas Citizenship of India (OCI) ordinarily known as ‘double citizenship’. Persons of Indian Origin (PIOs) of certain class as has been indicated in the Brochure who moved from India and procured citizenship of an outside nation other than Pakistan and Bangladesh, are qualified for give of OCI as long as their nations of origin permit double citizenship in some structure or the other under their neighborhood laws.

People enlisted as OCI have not been given any casting a voting rights, election to LokSabha/RajyaSabha/Legislative Assembly/Council, holding Constitutional posts, for example, President, Vice President, and Judge of Supreme Court/High Court and so forth. Enlisted OCIs will be qualified for following advantages:

(I) Multiple passage, multi-reason long lasting visa to visit India;

(ii) Exemption from answering to Police experts for any length of remain in India; and

(iii) Parity with NRIs in money related, financial and instructive fields aside from in the securing of farming or ranch properties.

Any further advantages to OCIs will be told by the Ministry of Overseas Indian Affairs (MOIA) under section 7B (1) of the Citizenship Act, 1955.

An individual enrolled to OCI is qualified to apply for concede of Indian citizenship under section 5(1) (g) of the Citizenship Act, 1955 on the off chance that he/she is enlisted as OCI for a long time and has been living in India for one year out of five years before making the application.

It has been observed that it has been specifically mentioned that all nations excluding Pakistan and Bangladesh, hence, the government is making a wrong impact to the people of Muslim minority of this so called “secular country”.

These all things in whole is creating a very simple and diversified impact in the mindset of citizens. These decisions and legality is now coming into focus due to these two bills, and needless to state that India is heading towards Hindu majority country with utmost significance to Hindu-living population.

Under this nations land the refugees and immigrants face equal depravation of living standards, although the refugees do so less than the immigrants, as they are granted the refugee recognition.

Supporting live with at minimum basic resources a right of all humans on earth. Both the Indian Constitution and UDHR have their words written out for the same; the constitution of India, Article 21 reads as: “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” and; Article 3. Of UDHR, states; everyone has the right to life, liberty, and security of person.

The condition of livelihood and health care is a major area of concern for the refugees which receive no shelter and food for days. Khalsa Diwan Welfare Society is dedicated to supporting refugees, struggling meanwhile to receive support from the government. It is funded by membership fees to assist Hindu Afghan and Sikh refugees. Their community has worked alongside UNHCR, to serve these communities.

Similarly, the newly formed camps around Delhi, where Rohingya refugees are settled, and thescenarios worsen, where even water is not available to them. They are alienated of food resources, clean environment, and health support. Although India does not support the official living of these refugees within IndianTerritory, ultimately they are allowing such activity and not standing up for taking responsibility. This had become an obligatory action for India when it signed under the charter of UN, to protect interest of all human beings. India has not been taking the responsibility, but rather covering up these movements to avoid being assessed by other nations.

Staying in Salehdi, India Rohingya refugees are deprived of access to food. The living conditions are in the dire state, especially for pregnant women and mothers with a newborn. Water is not in par with the quality of drinking water which is consumed by all, including the pregnant women, which destroys the nutrition fed to fetus. The babies are under no medical assistance or care, not even during delivery and hence majorly result in stillbirth. These women are without access to any basic requirements whether nutritional or medical. The camps do not have any proper disposal or provisions to create habitat for them. This makes the whole camp a house of various infectious diseases, which are not detected without medical assistance. The expected women are deprived of various basic needs but problem worsens when they cannot even use the government schemes in such circumstances. Pradhan Mantri Maternity Scheme provides lactating mother a certain fixed monetary allowance to meet all nutritional needs and gain better health, of which these women are locked out.

Children joining schools out of new refugee camps fail to avail the service of midday meals at their neighboring schools, because either these children are not considered as part of or these schools are privately funded by some NGOs which do not have all resources to support a community living.

Apathetic conditions for refugees who are not supporting the lives of fetuses and the absence of a framework to deliver these basic services is a valid violation of humanitarian rights. The country has not taken any initiative as per this context; it lacks to foresee their requirements.

A major section of the political support arises from minorities living in India. For the benefit of their own kind or to gain  support and find a seat in the Parliament, usual course falls in the latter, candidates encourage these small groups by giving bare minimum as a mark of promise to provide so in abundance after securing a seat. Some of them follow up to their words, some don’t.

As refugees are not citizens per the Indian Citizenship Act, they do not avail right to vote or stand in elections. But certain refugees, a specific minority living in J&K, alongside the line of control have been demanded by Narinder Singh, state general secretary, to have 8 out of 24 seats reserved for them as they also live in J&K and need recognition to attain right within this territory.As the need of the hour called, the suggestions similar to this for the same minority in J&K has arisen on various occasions. But the nation forgets to see face that they are mere refugees and refugees only. Whether residing anywhere else within India or in J&K, refugees have the same face and rights. Not that these action demanded by government representatives have already found ground, but if they do, it will result in inequality to other refugees. This demand has risen due a reason as big hands are involved, such action of the government questions their conductibility towards people. Depriving some refugees even probable livelihood and making them MPs, is an action that would raise ethical questions against Indian government.

It is explicitly stated in the United Nations’ Universal Declaration of Human Rights (UDHR), adopted in 1948:

“Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. …” (Article 26).

An interpretation of article 21, of the Indian constitution, also applies to dignified livelihood within Indian territories.

“Every child of the age of six to fourteen years have a right to free and compulsory education in neighborhood to all exists within the territory of India, under article 3 of the Right to Education Act, 2009, the statement has given is exercised with all legal capacities and effectiveness. As education is a necessity to development of a child which was made mandate by the government does not provide the benefits to refugees and

Availing such rights to children residing in refugee camps are thus more sensible in decisions which would lead them to a higher thinking order and demand for growth in life, rather than remaining in camps for decades and indulging in violent activities, hence falling prey to legal action against those activities.

Non-profit organizations work across the world in refugee camps to guide children to enlighten their minds with storybooks. In Italy, Building Peace Foundation aims at providing infrastructure for education and health care for refugee camp’s minors & the American Refugee Committee provides education up to high school in Jordan.

According to a UNESCO’s global education monitoring report of 2019, India does not have enough comprehensive assessment to provide education to refugees.

Zakat Foundation, in NCR has been aiding minors in cross border migration camps to attain educational rights. The children of Rohingyan refugees are facing lag since there aid schools already have a good number of minors already attending. But this camp has functionality in territories around Delhi only.

Prioritizing education is the key to developing the mental capacity of children and adults which eventually results in a better understanding of society by; equal gender rights, self-reliance, avoiding epidemics, and discards poverty. Such an effort hit skies in Sri Lankan Tamil refugee camps and they are a community of self-reliant individuals.

These initiatives have been by non-governmental organizations because there is a lack of framework in regard to policies dealing with the rights given to refugees in reference with education.

Although protection of all genders is of utmost importance, women and girls are always victim due to certain elements of the society.

The need to safeguard their interests becomes a priority when they are attacked and raped and do not even attain legal support and protection.

These camps are not secure and worse to women as they do not even have identities or even family in major cases that can protect them from facing such criminal activities. Without identities they are not even allowed to file complain under the police station which do not know what to do with women who fall under no category and since the government lacks guidelines Human Right Law Network works to aid legally for all refugees.

The Supreme court is facing a bundle of writs from refugees wherein cases of deporting them back to their own country is threatening their lives, since they would face persecution there. The refugee laws have a basic principle across the world, non-refoulement or forbidding any country to not return them back to their country where their rights as a citizen is deprived or face persecution.

In the case of Dongh Lian Kham & Another Vs. Union of India & Another, the high court held that since the petitioners are endangered back in Myanmar as there has been cases genocide, as a notion of ethical cleansing, but because the petitioners were prosecuted under the Narcotics Act, their visa cannot be renewed. Also as they were staying in the country since 2009 the petitioners are to stay in asylum in this country until the foreigners division authority has found a third country for them for the deportation.

There is a set of cases dealing only with Rohingyan refugees as India has decided to not support them or provide refugee status. The helpless people seek help before the supreme court of India to avoid them being forced out India and back to Myannmar. India in taking such an action puts their lives  in risks or grave oppression or worse, death. In October,2018 handed over seven ethnic rohingyan men from the Manipur state border to Myanmar officials. Authorities state that this action was taken with consent  of those men and they were willing to return.

Recently, in a pending case of Mohammad Salimullah v. Union of India, this writ was filed to challenge Indian government’s  decision to deport Rohingyan refugees. This action is deemed unethical as India sheltered refugees due to Tibet Crisis 1959 and creation of Bangladesh 1971 under humanitarian laws. Articles 14 and 21, equality before law and right to life are being violated and 51(c), fostering respect for international law and treaty obligations . The country also made violation of non-refoulement. The judgement will decide the future of 40,000 Rohingyaan refugees in India.

The laws to govern deportation are under the Indian Extradition Treaty, which is made eighth various nations to follows this process with legal protocols but India fails to one such treaty with Myanmar hence security of the refugees is at stake. Until a criminal act has been done refoulement is not an action to be followed with refugees.

The porous international borders which let the immigrants in from various windows into India is the reason for unwelcome population which in turn resides alongside the citizens of India and then they face rejection as they have no recognition and also because their motives are unknown. The checks at the border fails to apprehend such entries  and report to concerned authorities. Most immigrants stay in temporary shelter near their places of entry into the country until they are coincidently reported to the local police or found by them as unidentified humans.

In the eastern part of the country reports have been made after an RTI was filed, a figure of 50 lakh illegal immigrants in Assam, who have no trace of residency under NRC. The SC had made a judgment to make the registration in Assam legitimate by producing issued documents dated before March 24,1971. The people who are illiterate and face depravation of almost all nessicities are unable to perform such tasks and they are expected to present proof of document dated ages ago, to avail the shelter they have been residing in since before 1971. A retired junior officer of the Indian army, Mohammed Azmal Haque, also learned Monday that he was excluded from the list despite his lengthy military career.

Since these people are not recognized in due time they create theirsettlements are cause chaos to the permanent residents wherein cases of theft, rape, etc. are found to take place.

Seeming to show that such a huge influx that was taken into India is not in control as the government is unable to provide even identities issued officials to these people. Leading question  the bodies of government such as Border Security Force, which monitors these areas of infiltration and hence are under speculation to allow them entry by unethical means or failing in performing their duties.

On the draft by Supreme Court to register refugees in Assam,Amnesty International India issued a statement of concern that the process could render a “significant number” of people stateless.Nowhere can the migrants go after the numbers are finalized; Bangladesh’s government does not acknowledge them as citizens. Thus before the actual completion of such events, there need to be a framework to safeguard their interests.

Depriving basic needs results in affecting the image of the nation hosting refugees, especially for one that has been a shelter to refugees from Palestine, Afghan, Somailia,etc. the duty to give access and  make assurance that all humans are getting their humanitarian rights without taxing them after all the immigrants and refugees have been through, should be made the utmost priority.

The essentials are;

-Right to have a residence

-Right to movement(within Indian territory)

-Right to exercise of religion and culture

-Right to avail public services and assistance

-Right to  self-emplyment,profession and trade.

-Right to free education( till grade 12).

-Right to healthcare services

India has given most of these rights, but only to a selective few. The afghans in Delhi refugee camps have shown interest in attaining citizenship by naturalization and the government supports their thought. Travel permits are given to Tibetan refugees as compared to other refugees. Nepalese refugees get access to education and movement without presenting proof of documents as  there was a prior arrangement between the two nations to reciprocate the same with both their citizens.

Wherein India does not have the capacity to provide organization of UN or other international or national bodies exist that can be requested to provide support for the Ares concerning regarding refugees.

United Nations High Commission for Refugees or UNHCR, is already well founded and functional in India. They assist the country and help the immigrants get titles as refugees so that they can avail rights and avail healthcare services. It also provides a fixed allowance to refugees for a period of time wherein they can establish their own footing in the country or the local areas and practice profession.

Human Rights Law Network or HRLN, works to aid the refugees or immigrant ts legally in India. They provide assistance to refugees convicted as well, so to avoid refoulement and provide a third nation option to make sure their lives are not in danger.

Amnesty International also works with for looking after refugees in India.India not being a signatory in 1967 Protocol makes it independent of the policies written under. But since the country fails to provide for basics, the question is raised on how it will protect human rights which are not even entitled as citizens but as birth to all, including refugees.

India being socialist, secular and sovereign country aims at maintaining its good reputation across the world. But, in the last few decades due to so much political decline and corruption, it is getting really tough for India to survive as a nations.

9% of India’s population consist of refugees and immigrants (and still in counting). India has been focusing on maintaining the position of secular country since independence. but, now recently is failing in many aspects. Today’s major concern of mankind is the legal stance of refugees and immigrants in India. India has been consistently unable to provide justice to refugees and immigrants by making them feel separated. It is needless to say, that India does not give much importance to the refugees living in India as well.

The major concern of this paper was to talk about the thin line between the refugees and immigrants of India. Undoubtedly, this country lacks unity and which is the main cause of all these problems which are arising to refugees living in India. And the harsh truth reality is that, India doesn’t see any difference between both the concept i.e. Refugees & immigrants. In this present decade, this country doesn’t give any importance to both of them. The reason being India trying to divert its goal towards Hindu majority country and Hindu influenced country. The time is not far from removing some dignified words from the Preamble. The paper talked about some negative aspects of Indian society and also the sufferance which the refugees and immigrants are going through. India should remove both the bills which has been passed recently regarding the refugees and immigrants and should pass some specific guidelines in favor of refugees. Nevertheless, they are also the part of Indian society and have the right to live with at most dignity.

References’

“Immigrants and Immigration in India : A Fresh Approach.” Economic and Political Weekly, 20 Feb. 2015, www.epw.in/journal/2015/8/notes/immigrants-and-immigration-india.html

Post, Guest. “What Is The Legal Status Of Refugees In India.” IPleaders, 20 Apr. 2016, blog.ipleaders.in/legal-status-refugees-india/.

“The Response to the Protest of Refugees in India!” refugeerights1, 20 Apr. 2013, refugeerights1.wordpress.com/2013/04/17/the-response-to-the-protest-of-refugees-in-india/.

Hrishikesh, Sharanya, and SharanyaHrishikesh. “Assam NRC: Govt Clueless About How Many Illegal Immigrants Actually Live in India, RTI Shows.” HuffPost India, HuffPost India, 31 Jan. 2019, www.huffingtonpost.in/2018/11/16/assam-nrc-govt-clueless-on-how-many-illegal-immigrants-actually-live-in-india-rti-shows_a_23591448/

“Delhi High Court Stays Deportation of Two Myanmar Refugees.” Human Rights Law Network (HRLN), hrln.org/dongh-lian-kham-another-vs-union-of-india-another/.


“Supreme Court Observer – Rohingya Deportation.” SCObserver, scobserver.clpr.org.in/court-case/rohingya-deportation-case.

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