From UPSC perspective, the following things are important :
Mains level: Refugee crises;
Why in the News?
A recent study by The Azadi Project and Refugees International has found that Rohingya refugees detained in India face serious violations of their basic rights. It also criticizes India for not meeting its responsibilities under international human rights agreements.
What has a recent report said about India’s refugee policy for the Rohingya people?
- Human Rights Violations: The report indicates that Rohingya refugees are subjected to “gross violations of constitutional and human rights,” including arbitrary detention without charges and inhumane living conditions in detention centres.
- Call for Legal Revisions: It urges India to clarify the legal status of Rohingya refugees and revise outdated laws like the Foreigners Act of 1946 to align with international refugee standards.
- Recommendations for Action: The report advocates for the immediate release of vulnerable detainees and calls on international actors, including the U.S. and UNHCR, to engage with India on these issues.
What does the 1951 Refugee Convention state?
The 1951 Refugee Convention and its 1967 Protocol establish fundamental principles for the protection of refugees, including:
- Non-refoulement: This principle prohibits states from returning individuals to countries where they may face persecution or serious harm. It is a cornerstone of international refugee law and is considered customary international law, binding even on states not party to the Convention.
- Rights of Refugees: The Convention outlines various rights that refugees are entitled to, such as access to legal assistance, work, education, and social services, ensuring their dignity and protection from discrimination.
Note: India is not a signatory to the 1951 United Nations Refugee Convention.
What is India’s stand?
- Non-signatory Status: India is not a signatory to the 1951 Refugee Convention or its Protocol, which it argues absolves it from legal obligations to provide asylum or adhere to non-refoulement principles.
- Detention Practices: The Indian government continues to detain Rohingya refugees under domestic laws that classify them as illegal migrants. Recent court rulings have reinforced this stance, stating that while they have a right to life under Article 21 of the Constitution, they lack right to reside or settle in India.
- Judicial Interpretation: Despite India’s non-signatory status, some High Courts have interpreted international norms as applicable under Article 21, suggesting a potential pathway for legal protections for refugees.
What are India’s international obligations?
- International Treaties: India is a party to several international human rights treaties that imply obligations related to the treatment of individuals at risk of torture or inhumane treatment. For instance:
- The International Covenant on Civil and Political Rights (ICCPR) includes provisions against refoulement (forcible return of refugees) under Article 7.
- Other treaties like the Convention Against Torture also emphasise non-refoulement principles, even if India’s ratification status complicates direct enforcement.
- Constitutional Mandates: Article 51(c) of the Indian Constitution encourages respect for international law and treaty obligations. Landmark Supreme Court rulings have indicated that international conventions should guide domestic law when local legislation is lacking
Way forward:
- Establish a Comprehensive Refugee Policy: India should enact a uniform refugee law aligning with international principles, ensuring legal clarity and protection for all refugees, including the Rohingya, while upholding the constitutional mandate under Article 21.
- Strengthen Collaboration with UNHCR and Civil Society: Engage with international agencies and local organizations to improve refugee support systems, focusing on humane detention practices, legal aid, and sustainable resettlement initiatives.
Mains PYQ:
Q “Refugees should not be turned back to the country where they would face persecution or human right violation”. Examine the statement with reference to ethical dimension being violated by the nation claiming to be democratic with open society. (UPSC IAS/2021)
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