Promoting Effective Refugee Protection in India: Balancing National Interests and International Obligations

Abstract

This paper explores the situation of refugees in India, particularly Sri Lankan and Rohingya refugees who are seeking asylum in India and face the issue of statelessness due to the lack of a concrete refugee law in India. The Foreigners Act 1946 of India defines foreigners as individuals who are not Indian citizens and requires non-citizens to possess government-issued documentation. Failure to possess such documents exposes individuals to penalties outlined in section 14 of the Act, including potential imprisonment and fines. The Act also grants the government the authority to detain and deport foreign nationals residing unlawfully in India. Furthermore, the Citizenship Amendment Act, 2019 (“CAA”) addresses the plight of religious minorities, excluding Sri Lankan, Rohingya and other refugees, as it only applies to refugees from Afghanistan, Bangladesh, and Pakistan. The CAA allows eligible Hindu refugees who entered India before December 31, 2014, to obtain Indian citizenship. The absence of a concrete refugee law in India, coupled with concerns over the potential impact of the CAA on India’s secular constitutional fabric, has raised international apprehension. It is important to note that India is not a party to the Convention Relating to the Status of Refugees, 1951, and its 1967 protocol, limiting its refugee protection obligations. By analysing relevant legal sources, judicial decisions and international standards, this paper aims to provide a comprehensive understanding of the legal complexities surrounding refugee protection in India and the implications of the CAA within the context of India's international obligations.