REFUGEE: A RISING ISSUE AND INTEREST OF THE COUNTRY
It has been a massive interest of the country regarding
the aspect of the Refugee and their requirement for the enforcement of the law.
It has been a rising national security issue in the country where they travel
or settle for their living. The law and order is a State subject under which
the Indian Constitution, International Relations with the overall neighbouring
and developed countries and a country sharing international borders are in the
view of The Union Government who look after the matters of the refugee with
keeping in the purview of keeping the prudent approach towards the law
As per the Article ( para. 2) of the 1951 Convention defines the ‘refugee’ as the person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion and belongs to the outside of country nationality and is unable or owes such fear, unwilling to avail himself for the protection of that the country itself from where he/she has migrated to.
keeping the definition into account, the need of giving them duly and focusing on the importance to be humanitarian and human rights aspects while dealing with their issue and attention to be drawn over the matters of their rights which has become an issue of safety for that country.
INDIA’S OVERLOOK IN SET ABOUT REFUGEE:
India is being home to refugees for ages and has always been proving support to give the shelter and essentials for living. Because of the multi-cultural and many religions, India was able them from all over the countries. if we deepen those matters and commitments, the complexities of law enforcement over a variety of situations influencing the refugees through political and social outlook. From
the time from Iran, the undivided and complete Zoroastrian community took
refuge in India fleeing from the persecution from their own country as they
we’re being subjected to on the religious grounds in their country. In the
purview of their secular policies maintained in India has been the domain to
refugees belonging to all religions and sects of any nationality or region. It
is pertinent fact to point out its delicacy over such that since its independence i.e. in 1947, India has received refugees not only from some of its neighbouring countries but from distant countries like Afghanistan, Iran, Iraq, Somalia, Sudan, and Uganda, and more from other countries as well. Taking into consideration the sensitivities of national and regional politics in the
sub-continent(especially in India), the drawback of refugees crossing over to
India putting in a quandary circle cannot be alienating the ultimate security
issues which occur locally and magnified. Some of them went unperceived by the Government both State And Central.
POLITICAL ASSOCIATION OF REFUGEES IN THEIR HOST COUNTRIES:
Did Refugees experience political engagement in their host countries?. Answers to this as there are no such ready answers to these question as ordinance of the various outlook of political participation by refugees is usually left to the diplomacy and jurisdiction of individual host countries and question arises of nationality. Insertion to support the answers of the question often determined by the country of origin of the refugee concerned with his legal identity , as well as on whether participation is convectional in nature which would necessitate a domestic legal framework granting access to acculturation and voting rights, or way of non-formal which in case a commendatory legal and institutional framework is not always requisite.
Considering the fabricated case of a Colombian who has fled dragged out the violence in his native territory and for the past five years has been legally with authentic member of society residing in Spain. At first instance he was granted a one-year temporary protection visa that needed and renewed the following year. After two years of residences being Colombian , he could apply for Spanish citizenship while holding fast to his original citizenship, a dual prerogative being reserved to applicants from Andorra, Equatorial Guinea and Latin America. As a newly naturalized and got the legal identity of the Spanish citizen, he can have cast a ballot in the national elections and other participation in the whole country affairs where citizen decision held up as power of unity. In reckoning affairs, his Colombian passport gave him the scope to directly elect his own deputy to the Colombian National Assembly in the Colombian legislative elections . Their know claim for a political voice in the political clique on being their host country and their countries of origin should be equally valid and governed as their formal political rights differ remarkably . The foregoing enjoys the benefits of a genuinely transboundary and active citizenship holder , sanction him to have his interests represented in his territory and host-country politics, whereas the latter is essentially improvised of any formal means of political participation .
They may realize themselves for an instance, espouse together for a political party in their host country, partake in peaceful protests against certain policies of their host countries or being co-founders of a social media based platform for the exchange of political idea and open up Rights and Justice Association in their country residing for upcoming refugee and making them able to stand on their legitimacy to find a source of living.
REFUGEE HAVING THEIR CITIZENSHIP :
REFUGEE STATUS :
Refugees time and again need to come to other countries since they have to escape war, torment, or a natural disaster. Refugees can apply for refugee status while they are outside the territory. A refugee must be able to convey that the refugee cannot return to their home country because of past persecution or threat to their life in their country. The grounds for persecution must be based on race, nationality, religion, political opinion, or membership in a particular social group to proficient the immigrant for refugee or asylee status.
PERMANENT RESIDENT STATUS :
Refugees are permitted to receive permanent resident status after a year of being permitted to stay in the United States. Refugees are required to apply for this type of status after a year.
APPLICATION FOR NATURALIZATION :
Most of the refugees need to apply for naturalization which makes them able to show that they had permanent residence for a specified period before their previous stay in the country or country of origin. The minimum base number of years that they have to be a permanent resident is five years in that territory. Due to the rollback provision, refugees are often able to apply for naturalization in the migrated country.
UNDERSTANDING THE STATUS OF REFUGEE IN INDIA:
The new-fangled global scenario is marked by the emergence of new forms of identity and the deviation of politics in the country. The right of agreeably to define itself by propounding power over a bounded territory creates a distinction between “us” and “them,” that is, between those who belong to the sovereign people and those who do not mean refugees/immigrants. it always being a critical annexure to the democratic questions in the state.
REFUGEES AND THE CONSTITUTION :
The Constitution of India assured certain rights to all personage within India. Though the word “refugee” is not mentioned as such in the constitution, the outlander people or those who don’t have Indian citizens are termed as “aliens” in the Indian Constitution. Hence, unequivocal fundamental rights have been granted to the people seeking asylum in India. These rectitude are rights to equality Article 14 of the Constitution, which states that the state shall not deny to any person equality before the law or the equal protection of the laws within the Indian territory and Protection of life and liberty under Article 21 is another right, which states that no person shall be deprived of his life or personal liberty except according to the due procedure established by law. The Supreme Court of India further expanded this right in the case law State of Arunachal Pradesh v Khudiram Chakma (1993). The right to have a fair trial has also been included which is correspondingly applicable to both citizens and aliens. Articles 245 and 246 of the Indian Constitution gives power to the central government to frame laws concerning matters that broadly fall under subjects relating to foreigners, aliens, refugee and immigrants.
The legal foundation to protect refugees in India has been often characterized by an eclectic interplay of administrative and judicial assertion of constitutional rights cited in the Bhattacharjee case, 2008. The Constitution provides certain fundamental rights that often have been further expanded by the Indian Judiciary. The Supreme Court of India restrained the forcible dismissal of Chakma refugees from the state. However, the inconsistent and whimsical government policies which have been dictated more by political emergency than by legal imperious have often obstructed accessing these rights and institutions in the territory. Ages, politics has been given with power to hide the fact of security alleged people impersonating as the refugee to create a terror of terrorism or extortion in the country.
NEED FOR THE REFUGEE LAW :
India is one of the most protrusive in receiving refugees in the world. The Indian state has treated a few refugee communities rationally well but has not formulated a well-defined refugee law. The absence of clearly defined statutory standards subjects for refugees and asylum seekers becomes inconsistent and autocratic government policies. The Foreigners Act of 1946 zenith the ad hoc nature of refugee law and practice in India. The Indian state lacks a national refugee law that can enumerate the rights of and govern the treatment of refugees. The Citizenship (Amendment) Bill, 2016 has an insight into this matter of law and fact. Normatively, India seems to be pledged to refugee protection, but practically she treats different communities differently. India has not signed either the 1951 United Nations Convention Relating to the Status of Refugees or the 1967 Protocol. There was much critical analysis made by lawmakers or experts for the reason behind India’s refusal to sign the convention was that it was very Euro-centric. Yet, India has recognized the right of refugees to non-refoulement and has maintained its basic commitment to humanitarian protection of refugee overages. India has signed numerous human rights instruments and is a party to the Universal Declaration on Human Rights 1948, International Convention on Civil and Political Rights 1966, etc, which demands an obligation to secure to refugees a right to status determination in the state and believe in making a safer world for the refugee to stay and have a dignified life with no threats to their subjection in the country. Rights being meant for Indian citizens will be soon acting as a refugee since India takes the pride of being a home to every religion and cultures all over the world.
INDIA’S REFUGEE POLICY AND RIGHTS :
Refugee's confrontations with the Indian legal system varied with situations of
their living and have a right. Some laws administer their entry into the
country and stay in along with lay on the related issues. Once they are within
the Indian territory, they are liable and need to be supervised according to
the Indian penal laws for v commissions and omissions of their under a variety
of circumstances whether it acts as a complainant or as an accused. So the law
provides with the law right keeping in Constitution to keeping in the view(
justice, equity, and good conscience).
Constitutional Provisions :
There are few precise Articles in the Indian Constitution
which are alike and applicable to refugees to the Indian Citizens.
The Supreme Court of India has consistently held that the
Fundamental Right consecrates under Article 21 of the Indian Constitution which states the Right to life and personal liberty and applies to all irrespective of the fact whether they are citizens of India or aliens(means foreign). The various High Courts in India have generously endorsed the dominion of natural justice to refugee issues along with recognition of the United Nations High Commissioner for Refugees (UNHCR) as playing a vital role in the protection of the rights of the refugees. The Bombay High Court decision in the matter of SYED ATA MOHAMMADI VS. UNION OF INDIA was pleased to lead on that there is no question raised regarding exile of the Iranian refugee to Iran well he has been admitted as a refugee by the UNHCR. The Hon’ble Court further grant the refugee to travel to whichever country he desired as per his preference. This order from the International Institution (UNHRC) lined up with the internationally accepted principles by all the member countries of ‘non-refoulment of refugees to their country of origin and their nationality.
Liberty And Rights :
There is a procedure for the arrival and departure of the people don’t belong to Indian nationality or being an Indian citizen, then they have to cross the territory through checkpoints like border gates, airports, boundary sharing with neighbouring countries. Here, in this case, refugee ought to be a risk factor because of the legal identity crisis and checked under not being holding any target or posing a security question in the country. This type of legal fiction is violative of the internationally conceded principle of non-refoulment. There was a case regarding such proposal and the matter was of a Palestinian refugee who was evicted to New Delhi International Airport from Kathmandu was sent back to Kathmandu from the transit lounge of the Airport and he returned to New Delhi International Airport on the pretext of being kept in an ‘International Zone’. The only relief provided for such a case is through the administrative
authority's support and action.
Articles 22(1),22(2), and 25(1) of the Indian Constitution demonstrates that the rules of natural justice in common law systems are equally applicable in India, even to refugees. The entrenched principle of rule of law in India is that no person, whether a citizen or an alien shall be deprived of his life, liberty, or property without the authority of law. The Constitution of India distinctly incorporates the common law doctrine and the Courts have gone further to raise it to the status of one of the basic features of the Constitution which cannot be
PROPOSITION OF NON-REFOULEMENT:
As it was mentioned earlier about the non-refoulment for the protection of Refugee defines no country shall deport, expel, or forcefully return the refugee to his original territory or country against his/her will, in case, if there is a
Reasonable threat to his life, sovereignty, and freedom. There is enough
affirmation and State practices to conclude that proposition of non-refoulment
binds all states as it is a part of customary international law and no
opposition to the same has been found yet. In the landmark case law of Ktaer Abbas Habib Al Qutaifi v Union of India, the Gujarat High Court upheld the proposition of non- refoulement under the comprehensive of Article 21 of the Indian Constitution and resolve with a conclusion not to banish the two Iraqi nationals to their original territory till they have prolonged fear for their life and
liberty. Ultimately, this proposition has ancillary legal ramifications and
more moral content like the matter or the subject. Proper execution and
commitments for the refugee are requisite in today's world of law fulfilment.
ACT GOVERNING REFUGEES :
There are several domiciliary codifications to impel to deal with refugees. India does not distinguish between a “foreigner” and a “refugee”. And this gives rise to a surfeit of problems which will be the pinnacle of the time. The laws which give such rights :
Passport (Entry into India) Act, 1920.
Passport Act, 1967.
Registration of Foreigners Act, 1939.
Foreigners Act, 1946.
Foreigners Order, 1948.
NEED FOR A SOUTH ASIAN REFUGEE CONVENTION :
India is being the influential country in Asia and got a tendency to “Govern” over other nation's integrity and outlook. being India is the highest recipient of refugees all over the world than In such a case, drafting a South Asian Refugee convention will be of great thrust to ensure refugee protection and integrity with the benevolent procedure of looking at each instance of them
The convention needs to be drafted by Bureaucrats or experts from all countries expressing zenith of their territory with their specific issues relating to the refugees based on the discernment of each nation. In this way, the convention will be of manifestation of the background of every country.
The definition of a refugee should be broadened and clarified with universal integration to incorporate people supersede due to environmental disasters, socially ostracized criminal threat, etc. This can ensure that there is no western intervention in exposition in dealing with refugees and at the same time, maximum protection can be given to righteous justice.
The convention will be a treatise to the violators of refugee rights for crimes against humanity. It should able to contrive a regional panel to handle cases of refugees- their rights, duties, assessment, incarceration, and repatriation.
This will reduce tension between neighbouring countries and improve diplomatic relations among the countries and leading to shook hand for protecting the security provender in their territory
It can be easily seen from the relinquish paragraphs proclaim about India notwithstanding its territory security concerns witnessed in the last couple of decades and pressure of upsurge population and the attendant of economic factors purse to take a humanitarian view of the problem of refugees. There is no such implication on the enactment by the country for a special law to govern ‘refugees’. The determination and vision of the UN and International Conventions on the subject being highly esteem through executive as well as judicial intervention over time. It is in balancing these interests and issues of refugees, which may occasionally appear to be wrangling with each other making the security and law enforcement bureau face frequent challenges. When a separate ‘Refugee Law’ for the country is enacted, it is a salient feature that takes the aspect in the given due cogitation. It is a significant case that security and enforcement officials do not overlook both the legal as well as the underlying human angles innate in the ‘refugee’ situation especially in the latter part of the century
1. Hg.org legal Resources
2. Indian National Bar Association.org
3. ISIL Year Book of International Humanitarian and Refugee Law (World Legal Information Institute)
4. Bhattacharjee, S (2008): “India Needs a Refugee Law,” Economic & Political Weekly
5. Convention Relating to the Status of Stateless Persons, United Nations High Commissioner for Refugees article