Since gaining independence in 1947, India has extended support to numerous displaced populations from its neighboring countries. These have included refugees from the Partition of British India, Tibetan exiles who fled in 1959, Chakmas from what is now Bangladesh during the 1960s, Sri Lankan Tamils from the 1980s, and more recently, the Rohingya from Myanmar. Despite not having a formal or codified refugee law, India has historically followed a humanitarian approach influenced by Jawaharlal Nehru’s principles laid down in 1959. These principles emphasized giving refugees a compassionate reception, treating refugee crises as bilateral matters, and encouraging voluntary repatriation once conditions in their home countries stabilize.
India has not signed the 1951 Refugee Convention or its 1967 Protocol, and in the absence of a national legal framework, refugee matters are largely addressed through administrative discretion and political judgment. Legally, refugees in India are treated similarly to other foreign nationals, and their presence is governed by the Foreigners Act of 1946. While this creates uncertainty in their legal status, the Indian judiciary, particularly the Supreme Court, has occasionally invoked international human rights instruments—such as Article 14 of the Universal Declaration of Human Rights and Article 13 of the International Covenant on Civil and Political Rights—to uphold refugee rights and prevent forced deportations.
In summary, although India has demonstrated a consistent commitment to sheltering refugees on moral and humanitarian grounds, the lack of a uniform legal policy results in inconsistent treatment and vulnerability for these populations. Establishing a comprehensive national refugee law would allow India to balance its security concerns with its humanitarian responsibilities, ensuring a more transparent and just process for all displaced persons within its borders.
KeyWords: Refugees, Migrants, Illegal Migrants
