India and Political Asylums

This topic was in news as the Baloch leader Brahamdagh Bugti’s has been seeking political asylum in India. The need for a dedicated law on asylum becomes important because:

• India is flooded with refugees especially from Bangladesh due to its porous border.
• There is no local law on asylum
• India has not signed the UN Refugee Convention of 1951.
• There is no structured and institutionalized framework for addressing refugee inflows.

India is home largest refugee populations in South Asia. However, it does not have any uniform national law to address the issue of asylum seekers or refugees. India has signed neither the 1951 United Nations Refugee Convention nor its 1967 Protocol.

It is The Passport (Entry of India) Act, 1920, The Passport Act, 1967, The Registration of Foreigners Act, 1939, The Foreigners Act, 1946, and The Foreigners Order, 1948 which are consulted by Indian authorities with regard to the entry of refugees and asylum seekers.

Difference between an asylum seeker and a refugee

Asylum seekers are those individuals who have sought international protection and whose claims for refugee status have not yet been determined, irrespective of when they may have been lodged. Whereas, Refugees are individuals recognised under the 1951 Convention relating to the Status of Refugees, its 1967 Protocol, the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, those recognised in accordance with the UNHCR Statute, individuals granted complementary forms of protection, or those enjoying temporary protection.

India and UN Refugee Convention

What is making India probably not sign the convention or the protocol?  It could be largely security related. Borders in South Asia are extremely porous and if there is any conflict, it will result into mass movement of people. A large influx of people has strains on local infrastructure and resources as well as upsets the demographic balance. Also experts believe that India already performs its duty by giving shelter to large number of refugees, so there is no need to sign the convention or the protocol.

India gives shelter to diverse groups of refugees, ranging from Buddhist Chakmas from the Chittagong Hill Tracts of Bangladesh, to Bhutanese from Nepal, Muslim Rohinygas from Myanmar and small populations from Somalia, Sudan and other sub Saharan African countries. According to the UNHCR, there were 204,600 refugees, asylum seekers and “others of concern” in India in 2011.