Protection of Refugees in India

Topics: Refugee, Law, Right of asylum Pages: 15 (4865 words) Published: April 26, 2010
Deepak Shahi and Navrati Dongrey

2nd year B.A LL.B (Hons)

. Rajiv Gandhi National University of Law, Patiala, Punjab


The development of the society and the nation brings with itself a lot of problems also. There are a lot of problems faced by India, be it gender issues, poverty, unemployment etc. one of these burning issues is the protection of refugees. Refugees are those people who have migrated from other country seeking shelter and protection. This paper deals with the various efforts taken to protect them at the national as well as international level.

The concept of protection refugees in India dates back to the partition in 1947, which brought in India millions of refugees. Then came the creation of Bangladesh which invited refugees who settled in eastern states. The lack of uniform law governing the refugees has created chaos and dealing with the problem. The instable social, political and economic condition in the neighboring countries had led to the settlement of natives of these countries in India, as India is considered to be a very easy destination to live in illegally.

There are lot of problem being faced by the government to tackle the growing number of refugees. The lack of strict vigil of the bordering states is one the reason for the settlement of refugees in India. This paper studies the protection provide by the Indian government to refuges and deals with the problem faced by them. In the end there is the conclusion and some suggestion given by us regarding the issue of protection.


India’s multifariousness, constancy and relatively well established rule of law have made it a natural terminus for people fleeing persecution, ill-treatment, imbalance and instability in their own countries. Within the South Asian region, India stands out as an exception of tolerant, liberal, democratic and secular government in a neighborhood of unstable, fickled and volatile states.

India has historically faced a legion of influxes over many millennia and the ability of these people to integrate into a multi-ethnic society and contribute peacefully to local cultures and economies has strengthened the perception of India being a country traditionally hospitable to refugees. India shares seven land borders and one sea border with countries in varied states of strife and war; and, over the years, has hosted large refugee populations not only from neighbouring countries but also from the countries outside the Indian subcontinent.

Throughout the world and over the centuries, societies have welcomed frightened, weary strangers, the victims of persecution and violence. This humanitarian tradition of offering sanctuary is often now played out on television screens across the globe as war and large-scale persecution produce millions of refugees and internally displaced persons. Yet even as people continue to flee from threats to their lives and freedom, governments are, for many reasons, finding it increasingly difficult to reconcile their humanitarian impulses and obligations with their domestic needs and political realities. At the start of the 21st century, protecting refugees means maintaining solidarity with the world’s most threatened, while finding answers to the challenges confronting the international system that was created to do just that.[1]

A person who is outside his or her country of nationality or habitual residence; has a well-founded fear of persecution because of his race, religion, nationality, membership of a particular social group or political opinion; and is unable or unwilling to avail himself or herself of the protection of that country, or to return there, for fear...
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