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Blueprints beyond borders, for solace and shelter
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Context
India has been historical committed to providing asylum to refugees. Despite this legacy, India is neither a signatory to the UN Refugee Convention nor its 1967 Protocol, and lacks a domestic asylum framework.
The Plight of Refugees:
- Global Refugee Crisis: There are over 43.4 million refugees globally, with conflicts continuously increasing this number. These individuals are not mere statistics but human beings with dreams, fears, and needs.
- India’s Historical Asylum Record: India has a long history of granting asylum, from ancient times with the Jews and Zoroastrians to modern times with East Bengalis, Tibetans, and Rohingyas.
- World Refugee Day: This day serves as a reminder of the lives uprooted by conflicts and the need for safe havens and solutions for refugees.
Policy Implications and Legislative Needs:
- Lack of Formal Framework: Despite its history, India is not a signatory to the UN Refugee Convention or its 1967 Protocol, and lacks a domestic asylum framework.
- Private Member’s Bill: A bill introduced in 2022 aimed to establish a comprehensive refugee and asylum law, recognizing the rights and duties of asylum seekers and refugees, and addressing the principle of non-refoulement.
- Government Actions: The expulsion of Rohingya refugees in violation of international law reveals gaps in India’s asylum policy and highlights the need for legislative reforms to uphold humanitarian traditions.
Implementation Challenges and Judicial Interventions:
- Ad hoc Management: Without a consistent law, refugees are often treated as aliens under various acts, leading to arbitrary handling and potential deportation.
- Access to Services: There is a need for mechanisms to ensure refugees can access public services, including healthcare and education, and legally seek employment.
- Judicial Support: The Supreme Court of India has affirmed the rights of all individuals in India, including refugees, to fundamental rights, urging the state to process asylum applications properly and protect asylum seekers from forcible eviction.
UPSC Mains Questions:
Q. Analyze the significance of the UN Refugee Convention and the role it plays in protecting refugee rights globally.
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