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1951 UN Convention On Refugees Essay

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India is neither signatory to the 1951 UN Convention on Refugees nor the 1967 Protocol. It has led the Indian government to adopt ad hoc approach due to lack of specific refugee legislation in India. This arbitrary executive mechanism makes it more arbitrary leading to benefits of legal residence and employment to only certain religious minority groups. Due to absence of codified law with respect to refugee rights, the status of refugees rests only with the political and administration of the state in power. The existing laws which would come close to refugee rights are mainly the Foreigners Act 1946 and the Citizenship Act 1955. Yet, the acts do not entail or state refugees fleeing persecution from other foreigners; they apply to all non-citizens equally.
The current Government in power has taken initiatives for refugees of the religious minority from its neighbouring countries however far from mere humanitarian concern. This paper is an attempt to understand and argue that the refugee re-settlement is frequently steered by the political constraints as opposed to the right-based legal approach. Furthermore, the paper will look at India’s reasons for not signing to the 1951 Convention. The paper will assess the
Post-independence the Indian state has de facto offered protection to the refugees, but at the same time the absence of legal …show more content…

The Registration of Foreigners Act of 1939, the Foreigners Act of 1946, and the Foreigners Order of 1948 are the primary laws which would deal with all the foreigners in the Indian territory. It has become all-encompassing of illegal migrants, foreigners and refugees by putting under the same preview. Article 2 of the 1939 Registration of Foreigners Act defines a foreigner as “a person who is not a citizen of India.” The Foreigners Act of 1946 (Act) and the Foreigners Order of 1948 (Order) also use this definition of a

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