The Legal Status Of Refugees In India: Constitutional Rights, Judicial Trends And Policy Challenges
Rohan Arun Waghmare, University of Mumbai, Department of Law
ABSTRACT
India has no specific legislation in place for refugee protection, despite being a long-term host for refugees escaping persecution. This paper discusses the legal status of refugees in India under the constitutional rights enjoyed by non-citizens, India's international commitments, judicial rulings on the doctrine of non-refoulement, and the current refugee legislation and policy. It outlines the difference between the rights enjoyed by everyone on the basis of Articles 14 and 21 of the Constitution and those enjoyed by a particular group of persons (refugees) on the basis of Article 19, and the importance of judicial interpretation in protecting refugees from the arbitrary actions of the State. The paper further explores the different judicial perspectives being showcased by the cases of National Human Rights Commission v. State of Arunachal Pradesh and Mohd. A case in doubt concerning protection against refoulement is Salimullah v. Union of India. In addition, it looks at the differential treatment of Tibetan, Sri Lankan Tamil, Afghan and Rohingya refugees, the narrow definitions of the Citizenship (Amendment) Act, 2019 and the consequences of the Immigration and Foreigners Act, 2025. Judicial decisions and executive policies are partial protections, which are not an alternative to a comprehensive statutory framework, writes the paper. It finds that a rights-based approach to refugee protection through refugee definition and refugee determination based on equitable procedures, refugee protection against 'refoulement ', and appropriate procedural protection is needed to ensure consistency, accountability, and legal certainty in refugee protection in India.
Keywords: Refugee protection, Article 21, Immigration and Foreigners Act, 2025, Non-refoulement and Constitutional Rights.
