Refugee Law In India And Russia: A Comparative Study Of Legal Frameworks And The Principle Of Non-Refoulement
Updated: 4 days ago
Yogesh Pal, Research Scholar, Amity Law School, Amity University, Haryana
Dr. Pranshul Pathak, Associate Professor, Amity Law School, Amity University, Haryana
ABSTRACT
The movement of refugees across international borders has created significant legal and humanitarian challenges for States. The manner in which refugees are recognised and protected differs considerably according to the domestic legal system of each country. This research paper provides a comparative study of the refugee protection frameworks of India and Russia, with particular focus on refugee recognition, legal rights, constitutional and statutory protection, and the principle of non-refoulement. Russia has a specific legislative framework for refugees, primarily governed by the Federal Law on Refugees, 1993, supported by constitutional and other immigration laws. India, in contrast, does not have a comprehensive legislation exclusively dealing with refugees and is not a party to the 1951 Refugee Convention or the 1967 Protocol. Refugee protection in India has consequently developed through constitutional guarantees, immigration and citizenship laws, executive measures and judicial decisions. The study also examines the role played by the judiciary in India in protecting refugees, particularly through Articles 14 and 21 of the Constitution. The principle of non-refoulement is examined as an important element of refugee protection in both legal systems. The paper further considers the rights available to refugees during and after the determination of their status in Russia and contrasts these with the more fragmented protection available in India. The comparison demonstrates that the two countries have adopted different institutional approaches to refugee protection, reflecting differences in their legal structures and methods of dealing with refugee movements. The study concludes by highlighting the importance of a clear and predictable legal framework for ensuring effective protection of persons seeking refuge.
Keywords: Refugee Law, India, Russia, Refugee Protection, Non- Refoulement, Asylum, Human Rights.
