The United Nations defines refugees as people who have fled their home countries due to persecution, war, or violence. A refugee is someone who is afraid of being persecuted because of their ethnicity, religion, nationality, political beliefs, or participation in a specific social group. Most likely, they are unable or scared to return home. The major causes of refugees departing their nations are war and ethnic, tribal, and religious strife. Today’s refugee crises are caused by a variety of factors, the most common of which are war (Bangladesh, Syria, Iraq, Afghanistan), domestic conflicts (Tibet, Sri Lanka, Myanmar), natural disasters (famine), environmental displacement, human trafficking, and—coming soon to all of our doorsteps—climate change.

Recent developments

• Despite the possibility of punishment in their own country, the administration evicted two groups of Rohingya refugees back to Myanmar. Similar attempts were attempted in Arunachal Pradesh with Chakmas and Mizoram with Myanmarese. Students from Afghanistan who were stuck in India due to the Taliban’s takeover have not had their visas extended.
• The Supreme Court declared in 1996 that the state must safeguard all human beings residing in India, regardless of nationality, based on Articles 14, 20, and 21 of the constitution. In the case of NHRC vs. Arunachal Pradesh, the Supreme Court halted violent evictions of Chakma refugees in 1995.

The need for a law

• In 2011, India issued standard operating procedures for granting long-term visas to asylum applicants. However, because it is not backed by law, it gives government employees arbitrary authority. Beyond simply offering asylum, there is a need to establish a robust structure to ensure that refugees may access basic public services, lawfully pursue jobs and economic prospects, and so on.
• There are several laws that need to be simplified, including the Foreigners Act of 1946, the Registration of Foreigners Act of 1939, the Passports Act of 1967, the Extradition Act of 1962, and the Citizenship Act of 1955.
• It would finally acknowledge India’s long-standing and ongoing commitment to humanitarian and democratic ideals in its refugee policy.
• Although India has granted sanctuary to over 2 lakh persons, it is not a signatory to the 1951 UN Convention on the Rights of the Child, nor does it have a domestic asylum system.
• Although India has granted sanctuary to over 2 lakh persons, it is not a signatory to the 1951 UN Convention on the Rights of the Child, nor does it have a domestic asylum system.
• The non-refoulement principle: The international legal concept of non-refoulement — the foundation of refugee law — stipulates that no government shall deport a person to a country where he or she may risk persecution. The concept of non-refoulement is explicitly stated, with no exceptions, yet reasons for exclusion, deportation, and revocation of refugee status have been defined in order to preserve the Government’s sovereign power while limiting its discretion.
• Historical- After the Babylonians and subsequently the Romans destroyed the Jerusalem Temple, Jewish people fled to India. Zoroastrians sought refuge in India after fleeing persecution in Persia. Tibetans, Bangladeshis, and Sri Lankan Tamils had also sought sanctuary or refuge in India.

The draft National Asylum law

• The National Human Rights Commission (NHRC) recently held a debate on “protection of the fundamental human rights of refugees and asylum seekers in India.”
• During the meeting, participants raised concern over India’s lack of a particular law for refugees and asylum seekers.
• It was also proposed that an expert group modify model legislation on asylum and refugees developed by the National Human Rights Commission (NHRC) decades ago but not implemented by the government.
• A National Commission for Asylum would be established to accept and adjudicate on all such claims.
• Yet, the government may handle every refugee or asylum seeker according to its own definition; however, because India is not an isolated country in global politics, some international refugee and asylum regulations must be obeyed.
• This will put a stop to the authorities’ capricious behaviour. Foreigners have several fundamental rights as well, regardless of their nationality, race, religion, or ethnicity.

Way forward

• A National Asylum Law must be enacted in India.
• We need a robust structure to ensure that refugees have access to basic public services and may lawfully pursue employment and other sources of income.
• Our judiciary has already paved the way in this regard: in 1996, the Supreme Court of India ruled that the state must protect all human beings living in India, regardless of nationality, because they enjoy the rights guaranteed by Articles 14, 20, and 21 of the Constitution to all, not just Indian citizens.
• Refugee rights enactment and enumeration would lessen our reliance on judge-centric techniques — or, worse, the whims of Home Ministry officials, police personnel, and politicians.
• In the absence of such a structure, refugees would be exposed to exploitation, particularly human trafficking.

How to structure

1. Give an intro refuge crisis
2. Explain why an international cooperation is required in this context
3. Examine the need for a National Asylum Law in India
4. Mention few challenges
5. Conclude

Reference:

1. https://www.thehindu.com/opinion/lead/india-needs-a-refugee-and-asylum-law/article65063388.ece