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A Suitable Refugee Law: Need Of Indian Subcontinent

Akanksha Shekhawat, Rajasthan School of Law for Women

Zoya Khan, Rajasthan School of Law for Women


Mellini is a 23-year-old lady who lived a normal and happy life in the suburbs of Yemen but governmental violence erupting due to the Arab Spring led her to flee her own country and seek refuge in the ambits of Turkey. Such people who have to leave or run away from their own country due to war, violence, persecution, or any other disruption are termed ‘Refugees’. With ironical simplicity, they are people who due to race, color, religion, caste, or any other criteria are not accepted by their own country and are forced to flee away by the way of persecution or violence or due to unavoidable war they have to leave their well-settled shelters.

Talking about the world scenario of refugees from Syria’s Arab Spring to Ukraine's Refugees of Crimea’s annexation time, we also can’t forget the refugees from Afghanistan, Venezuela, South Sudan, CAR, and Myanmar due to the withdrawal of troops, economic unrest, country war, armed conflicts, and targeted violence respectively.

In the Indian context if we look there is nowhere the term “Refugee” defined in the laws but refugees come in the ambits of aliens in Indian laws, the term ‘alien’ has been covered in some important laws including the Indian constitution.

The scenario of Refugees in India has always gone through a roller coaster but sadly the roller coaster has always only gone in the upward direction. From the Partition Refugees from Pakistan in 1947 to Tibetan Refugees in 1959, moreover, Bangladesh’s Refugees who came in the 1960s, 1965, and 1971, Sri Lankan Tamil Refugees in the 1980s, and recent Myanmar's Rohingyas in 2022 have always provided an impetus to the hike in the roller coaster.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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