In the very inception of time people migrated looking for conducting survival
needs. As settlement became territorial claim, abyss of power, compulsive
predilection of colonizing and unfair religious persecution resulted in mistrust
and displacement. Such displacement uprooted masses to move in search of better
place to live. Conquering hordes, such as Mongols, Turks, Greek and Romans
empires are examples that colonized the people of alien land. These colonizing
resulted in people being vulnerable for their culture which led to hegemonicintentions and
religious differences which ignited desire for ethnic cleansing.
History of Internal Displacement in India
India in its existence has witnessed events where people were displaced. In
ancient India people migrated for trade, for survival and conquering lands.
Later in period of time girls and women were kidnaped and smuggled in Arabic
countries. In modern times, after independence India was divided into two parts
Pakistan and India, and was decided for Hindus to live in India and Muslims in
Pakistan which resulted in migration of Muslims living in India to Pakistan and
Hindus living in Pakistan to India which led to human massacre, and left Kashmir
as an issue which also led to migration of Kashmiri Pandits.
Major conflicts causing internal displacement of people IDP
After Independence North-East India has witnessed two major armed conflict:
- The Naga Movement- led by National Socialist council of Nagaland.
- The Assam Movement- led by All Assam Student Union.
The violent retaliatory responses from the government to the
secessionist continued to generate a steady flow of displaced people.
- Kashmir's War- The killing of Kashmiri Pandits by the fundamentalist
secessionist group in war between state forces and militants. This created
widespread political instability and violation of Fundamental Rights which led
large scale massacre and displacement of Kashmiri Pandits.
Refugee Laws in India
Illegal immigrants are not considered as refugees as India is not part of UN
1951 convention, in India multiple groups such as Tibetans, Sri Lankan Tamils,
people affected by 1972 explosion of Ugandans of Indian origin, Indic-origin
religious minorities, people who were persecuted due to religious minority in
other nation, victims of 1971 Bangladesh genocide.
In India refugee are considered in the ambit of term alien which appears in
Foreigners Act, 1946 under which the central Government is empowered to regulate
the entries of aliens into India. The Registration Act,1939 registers foreigners
entering, being present, and departing from India. The Passport Act,1967 deals
with the powers of Government to impose conditions of passport for entry into
India.
Refugees into India due to external aggression
Tibetans
From 1950-1987 it was sufficient to be born in territory of India to be a
citizen of India, but this was amended in July 1st 1987. A person born in India
would be considered as citizen of India if at least one parent was citizen of
India. Dalai Lama fled to India as Chinese troops crushed an attempt uprising in
Tibet. Dalai Lama fled Tibet and took refuge in India in 1959, a large number of
Tibetans followed him into India. Tibetan refugees were provided a registration
certificate, under Passport act provisions. Children of Tibetans born between
1959 to 1987 were citizens of India by birth. However without consideration of
their citizenship these children also were issued registration certificates
which recorded them as Tibetans, the laws applicable to foreigners and refugees
were applied to them. These citizens were treated as foreigners in their own
country.
Sri Lankan
Immediately after the Independence in 1948 Sri Lankan Parliament passed law
labelled- Ceylon Citizenship act which discriminated against Tamils of South
India Origin whose ancestors had settled in Sri Lanka in 19th and 20thcentury,
over seven lakh people were left stateless. In 1964then India's Prime Minister Lal
Bahadur Shastri and Sirimavo Bandaranaike signed a pact to repatriate the
population of stateless Tamils. In 1984 after Sri Lankan Civil War, thousands of
Sri Lankan Tamil refugees arrived in Tamil Nadu. After assassination of Rajiv
Gandhi 54,188 refugees were repatriated to Sri Lanka, It is unwillingly to force
Sri Lankan refugees to Sri Lanka against their will. By 2002 nearly 23,356
refugees came to Tamil Nadu. The flow of refugees stopped in 2002 because of
cease fire agreement.
Rohingyas
The Indo-Aryan group following Islam, residing in Myanmar before 2017 crisis.
Rohingyas are most persecuted minorities in world, Rohingyas are denied
citizenship under the Myanmar Nationality Law, 1982. Most of the Rohingya
population as result of religious persecution (genocide) was driven out to
neighbouring country- Bangladesh. Rohingyas in Bangladesh are denied proper
access to education and job, and kept in most crowded temporary camps. The
Rohingyas are now stuck in desperation for food, education, health and better
place to live. They try to enter into India from Bangladesh through Assam and
West Bengal. After the arrest of these refugees they are kept in camps and start
procedure to send them back where Bangladesh don't accept them.
Minorities persecution
Minorities of Indian origin in other states because of religious
persecution, are given preferential citizenship in Citizenship Amendment Act,
2019. but in previous instances, in case of Gurinder Singh V. State Punjab,
where two Afghan Sikhs from Indian origin fled persecution in Afghanistan were
registered under UNHCR in New Delhi they were issued leave India notice U/S. 3
of Foreigners Act,1946. In this instance, a criminal writ petition was filed
and interim stay on Leave India Notice was obtained.
Refugees and Indian legal framework
India is not signatory to 1951 Convention on refugees and the 1967 Protocol to
it and does not have any law regarding refugees but India is signatory to other
UN and voted affirmatively to adopt Conventions on Human Rights which affirms to
treat all person, citizen, non- citizen alike. As party toConvention India is
obligated to protect the human rights of refugees under Article 51(c) of The
Constitution of India.
The Government of India deals with this fairly by granting refuge to various
groups of refugees. Some group of people are recognized to give refuge while
some are not, often keeping in view the security concerns of the nation. India
accepted the principle of non-refoulement as contemplated in Bangkok Principles,
1966 which were formed for member state in respect to the status and treatment
of refugees. In variety of cases India has not discriminated on the basis of
religion as it can be seen as India granted refuge to Buddhist Tibetans, Hindus
and Christians of Sri Lanka, Hindus and Muslims from East Pakistan (Bangladesh),
Hindus, Muslims, Christians and Buddhists from Bangladesh and Sikhs and Muslims
from Afghanistan.
Conclusion:
India by the means of amending its basic laws provides citizenship and promises
rights under The Constitution of India Art 14, 15(1), 20, 21, 22 (1), 22 (2), 25
(1), and other rights through Human Right conventions. India if becomes
signatory to 1951 Refugee convention will be obliged to follow the provisions of
the Conventions, despite having problems in its own nation.
The convention may bring up circumstances where India might have to negate
security concerns of the nation as being surrounded by enemy neighboring nations
and might keep borders of nation at stakes. Circumstantial amendments to
different laws as to Citizenship act will be beneficiary than being obligatory
to convention or international law.
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