Recently, the Union Home Minister has stressed the need to make a distinction between refugees and infiltrators.

About Refugee, Economic Migrant and an Infiltrator

• Refugee: As per UN Convention a Refugee is someone who flees their country due to a well-founded fear of persecution based on religion, caste, ethnicity, or political opinion, and seeks protection because returning home would endanger their life.
• Economic migrant: An Economic migrant crosses the border voluntarily in search of better employment or living standards, not because of any threat to life or liberty.
• Infiltrator: An Infiltrator enters illegally and stealthily, often with malicious intent such as espionage, terrorism, or other unlawful activities—though such individuals may sometimes falsely claim persecution to evade detection.

India’s Policy Stance

India is not a signatory to the 1951 UN Refugee Convention. India cited three major reasons for this decision:

• Eurocentricity: India felt the Convention was designed based on the problems of Europe following World War II, which did not align with the realities of mass migration from India’s neighbouring countries.
• Sovereignty: India wanted to retain the authority to decide its own policies without being pressured by an international treaty.
• Vague Definition: India believed the definition of “persecution” was vague and susceptible to misuse.

Current Legal Framework in India

Since there is no specific, comprehensive law for refugees, India handles these individuals on an ad hoc basis using several existing statutes:

• The Foreigners Act, 1946: This law grants the Central Government unlimited power to detect, detain, and deport any foreign national. This Act does not differentiate between an infiltrator and a refugee.
• The Passport (Entry into India) Act, 1920: This Act prevents entry into India without a passport.
• The Citizenship Act, 1955: This law defines anyone who enters India without valid documents or overstays their visa as an illegal migrant.
  • As of June 2, 2023, there were 211,000 refugees or “persons of concern” residing in India.

About Citizenship Amendment Act (CAA) 2019

• Purpose: It fast-tracks the process of obtaining Indian citizenship for six non-Muslim religious minorities (Hindu, Sikh, Buddhist, Jain, Parsi, Christian) from Pakistan, Bangladesh, and Afghanistan who entered India before December 31, 2014.
• Criticism: The CAA is criticized because it uses religion as a criterion for citizenship for the first time in India’s history and explicitly excludes Muslims.
  • Critics argue it violates the secular concept found indirectly in Article 14 of the Constitution.
  • It only selects three neighbouring countries, ignoring persecuted groups in others, such as Rohingya Muslims in Myanmar and Tamil minorities in Sri Lanka, or persecuted Shi’a and Ahmadiya Muslims in Pakistan.

Way Forward

• Draft a National Refugee Law: India needs a national law that defines a refugee, drawing inspiration from the UN Convention but adapting it to the local context.
• Focus on Credible Evidence of Persecution: The determination of refugee status should be based on the evidence of persecution faced by the person, not their nationality.
• Balance Security and Humanity: Policy must ensure national security through a strong but fair screening process, without viewing every refugee with suspicion. It must uphold human responsibilities.
• Long-Term Solutions: Solutions for refugees held in camps must be found, including providing work permits, local integration options, or safe return (repatriation) when conditions improve in their home countries.

Conclusion

India, with its long tradition of sheltering persecuted communities like Parsees, Jews, and Tibetans, must uphold its legacy of Atithi Devo Bhava—balancing sovereignty with compassion through a comprehensive refugee law rooted in human dignity and constitutional morality.

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