India's Refugee Conundrum: The Need for a Comprehensive and Non-Discriminatory Legal Framework
UPSC Relevance
Prelims: Indian Polity and Governance (Citizenship, Citizenship (Amendment) Act - CAA, Foreigners Act); International Relations (International Conventions - 1951 Refugee Convention).
Mains:
General Studies Paper 1 (Society): Population and associated issues; Social empowerment, communalism, regionalism & secularism.
General Studies Paper 2 (Polity, Governance, International Relations): Indian Constitution—significant provisions; Government policies and interventions; India and its neighborhood- relations.
Key Highlights from the News
India lacks a comprehensive and non-discriminatory legal framework for refugees.
While there is a need to differentiate between refugees and infiltrators, the absence of clear laws often leads to arbitrary decisions.
India has not signed the 1951 UN Refugee Convention or its 1967 Protocol.
Currently, refugees are managed under general laws for foreigners (like the Foreigners Act). According to this, any undocumented refugee is considered an illegal migrant.
India's refugee policy is ad-hoc and discriminatory for each group. For example, Tibetan refugees have a rehabilitation policy, but Sri Lankan Tamils do not.
The Citizenship (Amendment) Act, 2019 (CAA), which offered citizenship to certain religious groups, was criticized as discriminatory for excluding other groups like Muslims and Rohingyas.
The article argues that India needs a consistent, rational, and just refugee policy that applies equally to everyone.
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