Of late, the Supreme Court of India, while entertaining petitions regarding deportation and living conditions of Rohingya refugees, remarked that they cannot claim relief based on UNHCR (UN High Commissioner for Refugees) cards. Also, it was highlighted that they are foreigners and will be dealt with according to the Foreigners Act. This article gives a detailed analysis of the Refugee Crisis in India.
Who are refugees?
Refugees – They are people forced to flee their own country and seek safety in another country, and are unable to return to their own country because of feared persecution.
Key international convention – 1951 Refugee Convention and its 1967 Protocol to protect refugees. They give the universal definition of who is a refugee and formulate the basic standards for their treatment.
Principle of Non-Refoulement – It says that refugees have a right not to be sent back to their country of origin if their life or freedom is at risk. Countries signatory to the Convention must treat refugees according to the standards formulated.
Instances of the Refugee Situation
(a) Partition of India (1947)
(b) Tibetan Refugees (1959 onwards)
(c) Chakma and Hajong refugees (1964-1969)
(d) Bangladeshi refugees (1971)
(e) Afghan refugees (1980s onwards)
(f) Sri Lankan Tamil refugees (1983 onwards)
(g) Rohingya refugees (2012 onwards)
Problems Faced by Refugees in India
(i) Temporary measures – India’s policy for safeguarding refugees is an adhoc administrative policy on refugees.
(ii) Discriminatory laws – Citizenship Amendment Act 2019 (CAA), provides citizenship only to Hindu, Christian, Jain, Parsi, sikh and Buddhist immigrants persecuted in Bangladesh, Pakistan and Afghanistan.
(iii) Inconsistent laws – Due to no refugee laws in India, there is no uniformity when it comes to their treatment. Post-Sri Lanka civil war, India has asked to return through the method of voluntary repatriation.
(iv) Social exclusions – There is physical and emotional exploitation by the local residents since they are not citizens of India.
(v) Deprivation of basic rights – Basic necessities of life, such as food, shelter and employment, are not there to them and privileges too.
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Challenges for India
(i) Strain on Resources and Infrastructure:
(a) Pressure on resources: A large number of refugees distorts local resources management, including housing, healthcare, education, and basic amenities. All this will put pressure on already burdened systems.
(b) Economic impacts: Refugees face difficulty in getting employment and engaging in the economy, potentially leading to social tensions and economic challenges.
(ii) Social and Integration Challenges:
(a) Social isolation and discrimination: Refugees may face social isolation, cultural barriers, and discrimination, making it difficult for them to integrate into the host community.
(b) Limited access to services: Refugees may face limited access to education, healthcare, and legal aid, further exacerbating their vulnerability.
(c) Lack of self-reliance: Without adequate support and resources, refugees may struggle to become self-reliant and integrate into the workforce.
(iii) Security and Diplomatic Concerns:
(a) National security concerns: There can be national security concerns, particularly if there are large-scale influxes or if refugees are involved in illegal activities.
(b) International relations: The handling of refugees can impact India’s relations with neighbouring countries and international organisations, particularly if there are concerns about the treatment of refugees or the lack of a legal framework.
(iv) Humanitarian Concerns:
(a) Human rights violations: Devoid of a clear legal framework, refugees will remain susceptible to human rights violations. As a result, they suffer arbitrary detention, denial of access to services, and discrimination.
(b) Lack of due process: Inadequate access to legal representation or due process makes it challenging for them to question unfair or unjust decisions.
Way Forward
(i) Ratifying international conventions – India should sign the 1951 Refugee Convention and its 1967 Protocol. It deals with the rights of refugees and the state’s responsibility to secure them.
(ii) Formulating national refugee law – India should formulate a detailed national refugee law. That will provide a legal framework for their protection and management, distinguishing them from other migrants and ensuring their rights.
(iii) Ensuring access to basic human rights – It includes healthcare, education, and legal protection. The right to work and earn a livelihood can help in the integration and decrease reliance on state resources.
(iv) Seeking international assistance – It includes seeking fiscal assistance, technical patronage, and resettlement opportunities for effective management of refugees.
(v) Involving civil society – Involve civil society organisations, NGOs, and refugee communities in the policy-making process. As it will ensure that we are hearing refugees’ voices and are making policies accordingly.
(vi) Balancing Security and Humanitarian Concerns: India must strike a delicate balance between national security and humanitarian obligations (SC). For instance, leveraging cultural ties between India and Myanmar, a temporary identification system for refugees can be feasible.
Conclusion
At this juncture, India is surrounded by countries grappling with local issues. So, India should navigate the path prudently by maintaining the balance between providing them asylum and ensuring no compromise with national security. Managing these two factors will effectively ensure a long-term solution to this crisis.