Refugee Laws And Policies In India

Mr. Mahadeo B. Dalavi, LLB (Hons), Sandip University, Nashik

ABSTRACT

India's refugee laws and policies are a complex and evolving landscape, characterized by historical precedents, legal ambiguities, and pragmatic approaches to asylum. India lacks a dedicated refugee law, relying on a patchwork of legal provisions from the Constitution, international treaties, executive orders, and judicial pronouncements. This lack of a formalized legal framework leaves refugees vulnerable to arbitrary detention, deportation, and exploitation. Ambiguities in refugee status determination and a lack of clear pathways to durable solutions further complicate the situation for asylum seekers.

Recent government initiatives, such as the Citizenship Amendment Act (CAA) 2019, have aimed to address some challenges by providing long-term visas to persecuted religious minorities. However, controversy surrounding the CAA underscores the need for more comprehensive and inclusive policies. India must adopt a holistic approach to refugee protection, including the development of a dedicated refugee law, enhanced access to essential services, and greater international cooperation.

Keywords: Refugee laws, Citizenship Amendment Act 2019, Humanitarian values, Human rights, historical precedents.