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Context

India’s selective and inconsistent refugee policies, without a comprehensive legal framework, risk unfair treatment of genuine refugees.

India's Refugee Crisis  

A refugee crisis in India is triggered by a large-scale, sudden influx of people from neighboring countries due to specific events. The causes are multifaceted:

• Political Instability and Conflict: Major crises include the Partition of India (1947), Bangladesh Liberation War (1971), Sri Lankan Civil War (1983-2009), and ongoing Rohingya persecution in Myanmar.
• Ethnic and Religious Persecution: Communities like the Tibetan Buddhists fleeing Chinese occupation (1959), Chakmas and Hajongs from Bangladesh (1960s), and Afghan Sikhs and Hindus after the Taliban takeover (2021) have sought refuge in India.
• Porous Borders and Lack of a Legal Framework: India's extensive, unmanaged borders and lack of specific laws make it hard to differentiate refugees, economic migrants, and infiltrators, hindering state response.

The Core Dilemma: Differentiating Refugees from Infiltrators

The absence of a formal refugee law creates a fundamental ambiguity: how does one objectively distinguish a genuine refugee, fleeing for their life, from an "infiltrator" or illegal migrant?

India does not legally define "refugee." Until March 2025, various pre-Independence laws like the Foreigners Act, 1946, and the Passport (Entry into India) Act, 1920, were applied to all foreign nationals, including asylum seekers. 

From April 2025, these were streamlined into the Immigration and Foreigners Act. However, without a refugee policy document, a genuine asylum seeker can be categorized as an "illegal migrant" or "infiltrator" under the Citizenship Act, 1955, risking harassment.

National Security Concerns 

Cross-Border Infiltration

Illegal Rohingya infiltration from Bangladesh and Myanmar via porous borders, particularly in Tripura and Assam, is a significant concern. The MHA highlighted this in 2023, leading to increased eastern border fencing and surveillance.

Alleged Terrorism Links

States worry about refugees potentially linked to terrorist groups, which complicates humanitarian aid. For example, the Centre cited alleged Rohingya links to terrorism when advocating their deportation, citing internal security threats.

Blurring Lines with Illegal Migrants

Without a clear refugee law, differentiating true asylum seekers from economic migrants or those with hidden agendas is difficult, posing national security risks. The 2019 Assam NRC, which excluded 1.9 million, revealed the scale of undocumented residents.

Humanitarian Obligations 

Shelter and Integration

India has historically welcomed groups like Tibetans and Sri Lankan Tamils, providing refuge, land, education, and integration, often through government-supported settlements.

Emergency Humanitarian Support

India provided humanitarian assistance during crises, exemplified by granting e-visas to Afghan Sikhs and Hindus after the 2021 Taliban takeover, facilitating their safe passage and access to education and work.

United Nations High Commissioner for Refugees (UNHCR) Engagement

India permits UNHCR to register and aid urban refugees, including Rohingya and Afghans. As of 2024, UNHCR India had approximately 2.4 lakh registered refugees. (Source: UNHCR)

Shortcomings in India's Current Approach

The ad-hoc nature of India's policy leads to several critical shortcomings:

• Inconsistent Treatment: Without a national refugee law, the treatment of refugees varies by their origin, political considerations, and the state they reside in.
• Security Overtaking Asylum Rights: Perceived security threats can override humanitarian concerns, even for refugees with valid UNHCR cards.
• Exclusion from Basic Services: The lack of legal status or a recognized ID (like Aadhaar) often excludes refugees from basic government welfare, education, and healthcare.
• Indefinite Detention: Undocumented refugees can face indefinite detention without charge or legal review under the Foreigners Act, a practice that draws criticism for human rights violations.

Way Forward 

India must transition from its ad-hoc, security-first stance to a rights-based refugee framework rooted in humanitarian values and regional cooperation.

Enact Comprehensive Refugee Law

Parliament should enact a comprehensive national refugee law. The National Human Rights Commission (NHRC) Model Law provides a blueprint, proposing clear definitions for refugees, asylum procedures, non-refoulement protection, and access to basic services.

Implement Refugee Identification System

Create a transparent, secure biometric ID system for refugees to balance welfare access with national security, enabling better tracking and essential service provision. MHA advised biometric ID registration in 2019.

Strengthen Community Integration Initiatives

Vocational training and SHG models helped Sri Lankan Tamil women in Tamil Nadu achieve economic stability. Invest in similar programs for long-term refugees to reduce marginalization.

Forge Regional Refugee Coordination

Advocate for a South Asian regional approach to refugee management. India could revive SAARC protocols or establish new mechanisms with Bangladesh and Myanmar for joint verification and repatriation plans, ensuring shared responsibility and sustainable solutions.

Re-affirm Non-Refoulement

Even without signing the 1951 Convention, India must consistently and unequivocally uphold the principle of non-refoulement as a humanitarian imperative.

Adopting International Best Practices

The European Union's Common European Asylum System (CEAS), despite its challenges, provides a framework for member states to apply common standards for processing asylum applications.  

Conclusion

Despite a history of humanitarianism, India lacks a consistent refugee policy. A formal law, improved identification, and regional cooperation are needed to create a humane, secure system consistent with its democratic values.

Source: THE HINDU