Safekeeping Or Gatekeeping: A Need For Reforms In The Indian Refugee Governance
- IJLLR Journal
- Dec 26, 2025
- 2 min read
Radhai, BITS Law School
Karanam Sarasija, BITS Law School
At Crossroads: In Between Hospitality And Hostility
At times of extensive migration and displacements, India emerged as both a safekeeper and a gatekeeper. For decades, India has been a safe haven for those displaced from their home country. A person is a refugee not because they want to, they are made prone to circumstances beyond their control. Article 1 of the 1951 United Nations Convention defines a ‘refugee’ to be an individual who left with no option, flees their country of origin due to fear of being oppressed based on race, religion and political opinion, and hence deterring them from seeking protection in their country. On the other hand, an immigrant is an individual who, not due to threat but as a matter of choice, moves permanently to another country to make it their new home. This thin line of distinction is the basis of India’s binary role of being a safe haven and a gatekeeper.
India has age-old history of hosting refugees, dating back to the 18th-century Paris community. The Jewish community considers India as its fatherland, granting it unconditional protection. In 1947, the partition of British India marked the largest refugee movement by displacing around 15 million people. The Indian government has introduced schemes and allotted lands to ensure the resettlement of the refugees. Currently, India is host to Sri Lankan Tamils, Afghans, Tibetans and people from Myanmar. The significant reasons refugees came to India is because of its location, religious tolerance, cultural diversity and a longstanding tradition of hospitality and goodwill.
Despite this long-standing tradition of moral and humanitarian standing, India does not have a comprehensive framework to regulate and determine the status of immigrants and refugees. This absence leaves their fates contingent upon the country’s piecemeal decision-making. This paper seeks to analyse the drawbacks of the current approach to the refugees and attempts to suggest reforms.
