Statelessness And Refuge: Analysing The Need For Legislative Empowerment Of Refugees In India
- IJLLR Journal
- Aug 17
- 1 min read
Amartya Urs, B.A. LL.B., St. Joseph’s College of Law
Joshua Joseph N, B.A. LL.B., St. Joseph’s College of Law
ABSTRACT
There are currently 405,000 refugees in India, which include 213,578 refugees recognised/ registered by the Government of India. Both historically and in the present day, India has served as a place of refuge for various ethnic communities. Coupled with this fact is the general acceptance and assimilation into society that refugees have commonly enjoyed in India. Contemporary politics, however, has created a tumultuous situation for refugees leading to increased inaccessibility to basic needs and justice. This paper seeks to create a case for the necessity to implement a national law governing refugees by reconciling between constitutional values with principles of jus cogens. A comprehensive legislative framework for refugees would allow for the legal empowerment of refugees and prevent arbitrary state practices. This paper also highlights the necessity of not merely viewing refugees as passive recipients of welfare from the state, but as active contributors to Indian society, therefore furthering the requirement to ensure their sustenance and stability facilitated by adequate public policy.
