What is India’s position on the Refugee Convention?

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Answer By law4u team

India is not a signatory to the 1951 United Nations Refugee Convention or its 1967 Protocol. However, India hosts a large number of refugees and generally follows many humanitarian principles of the Convention through administrative and judicial measures, despite having no specific domestic refugee law. Key Points: India has not signed the: 1951 Convention Relating to the Status of Refugees, or 1967 Protocol Relating to the Status of Refugees Reasons for non-signature: Concerns over national security Fear of increased burden on resources Desire to retain discretion in refugee matters without binding obligations Refugee groups hosted in India include: Tibetans Sri Lankan Tamils Afghans Rohingyas Chin and other refugees from Myanmar Protection is given through: Ad-hoc executive decisions Judicial interventions (especially by High Courts and the Supreme Court under Article 21 of the Constitution – Right to Life) Coordination with the UNHCR (United Nations High Commissioner for Refugees), especially for non-neighboring countries UNHCR in India: Operates out of New Delhi Registers and issues refugee cards for certain groups Coordinates voluntary repatriation, resettlement, or local integration Conclusion: India is not legally bound by the Refugee Convention, but it has maintained a humanitarian approach and provides shelter and basic rights to many refugees through executive policies and judicial safeguards, especially under the constitutional guarantee of Right to Life and Dignity.

Answer By Ayantika Mondal

Dear Client, Neither the 1951 United Nations Refugee Convention nor its 1967 Protocol are ratified by India. Despite this India has long had a policy of providing refuge to refugees from both nearby and foreign nations including those from Afghanistan Tibet Sri Lanka and Myanmar (Rohingyas). India does not have a specific domestic refugee law but it does not forbid refugees from entering or remaining there. Instead it handles these issues under its current legal system which is mainly governed by the Foreigners Act of 1946 and the Passport (Entry into India) Act of 1920. Articles 14 (Right to Equality) and 21 (Right to Life and Liberty) of the Constitution have also been extended to refugees by Indian courts. In conclusion India follows the humanitarian principles of non-refoulement, the prohibition against forcibly returning refugees to a country where they face danger as part of customary international law even though it is not legally bound by the Refugee Convention. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

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