Mains Practice Questions

Introduction

• According to UNHCR, refugees are individuals forced to flee their countries due to persecution, war, or violence. While India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, but offers shelter to those seeking asylum based on humanitarian considerations.

Body

Humanitarian Principles in India’s Refugee Policy:

• Non-refoulement Principle: India follows the principle of non-refoulement (not forcibly returning refugees) aligns with customary international law. India has offered refuge based on moral and political considerations, reflecting its pluralistic ethos and historical experiences.
  • Several groups, such as Tibetan refugees, have received long-term settlement rights and institutional support.
  • Additionally, India’s humanitarian approach is visible in the resettlement of refugees under UNHCR’s mandate and grant of Long-Term Visas (LTVs).
  • The judiciary has also upheld refugee rights under the ambit of Article 21 (Right to Life) of the Constitution.

Challenges in Balancing Humanitarian Concerns and National Interests:

• Security Concerns: Refugee influx, particularly from Afghanistan and Myanmar (Rohingyas), raises fears of infiltration by terrorists and organized crime.
  • The government’s refusal to grant citizenship or legal status to Rohingya refugees stems from concerns over national security and demographic changes, especially in border states like Assam.
• Legal Vacuum: India faces challenges due to the absence of a national refugee law or policy. This results in ad hoc measures and inconsistent treatment across different refugee groups, complicating administrative management.
  • While mechanisms such as the UNHCR office in New Delhi and the Foreigners (Amendment) Act, 2019 offer some support, they only partially address these issues.
• Resource and Economic Pressure: Large-scale migration strains limited resources, infrastructure, and employment opportunities, especially in economically vulnerable regions. Public resentment occasionally arises, fueling social tensions and xenophobia, impacting refugee integration. For example, the Rohingya crisis.
• Diplomatic Sensitivities: Refugee situations often involve cross-border diplomatic challenges. For example, deporting Rohingyas or Sri Lankan Tamil refugees involves sensitive bilateral ties.
• Internal Political Pressures: Migration impacts domestic politics, especially in states like Assam, where identity and demographic concerns are politically charged. Balancing refugee rights with electoral politics and local sentiments complicates policymaking.

Balancing humanitarian and national interests

• Develop a national refugee law ensuring legal clarity, rights protection, and security safeguards.
• Enhance institutional capacity for refugee management and coordination with international agencies.
• Strengthen border management and security vetting to address legitimate security concerns without compromising humanitarian commitments.
• Foster regional cooperation within frameworks like SAARC and BIMSTEC for shared responsibility in refugee crises.
• Promote socio-economic integration through skill development and livelihood support to reduce dependency and social tensions.

Conclusion:

India’s refugee and migration policy embodies a complex balance between compassion and pragmatism. Formulating a clear legal framework, enhancing institutional capacity, and fostering regional cooperation will be essential to harmonize humanitarian values with national interests.