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Refugee Law

International Refugee Law is one of the most important pillars of international law. International Refugee Law was established after World War II under the UN convention of 1951 implemented in 1954 and its protocol 1967. At present around 140 countries have members of this convention where India is not a part of it. Because in India the law related to the refugee was derived from the Indian Constitution Article 51(c), 21, 14 etc.

Who are Refugees?

In simple terms a person who enters into the territory of another country and already gets permitted to live there with certain rights is called Refugee.

Article 1 briefly defines Refugees are the persons owing to a well-founded fear of being persecuted for the reason of Race, Religion, Nationality, Membership of a particular social group, Political opinions.

What Are The Essential Elements?

There Are Three Main Essential Elements Such As Follows:
  • People from outside of the country.
  • Well-founded fear of persecution for the reason of race, religion, nationality, membership of a particular social group, political opinions.
  • Incapacity to enjoy the protection of one's own state.

Who are the Asylum seekers?

A person who has left their home territory to save themselves from violence and wait outside to get permission to enter into another territory is called Asylum seeker. Once they acquire the permission, they are called Refugees.

Rights of the Refugee in India:

In India the rights of refugees arise from Indian Constitution:
  • Right To Education
  • Right To Get Employment
  • Right To Internal Movement

Famous Cases:
Chekmass: who belong to the Buddhist religion and they are the citizens of Bangladesh. After the separation in 1971 Pakistan from Bangladesh. They leave their territory because of fear of life from Muslims and enter Indian territory and live there as a Refugees. After the imegration between India and Bangladesh in 1977 they returned back to their own country.

Dalai Lama: who has a Tibetan bodh dharm guru enter into Indian territory from China because of life fear. And still he lives in India as a Refugee with the rights and protection mentioned in the international Refugees Law.

In India for refugee the rights, protection and permission to stay these all are mentioned in Indian Constitution and India also have a membership of UDHR (universal declaration of human rights) 1948, ICCPR (international covenant of civil and political rights) 1966 and others which are also deals with the human rights and their protection so that there is no mandate to be a part of UNHCR (united nation high commission for refugee) 1951 and its protocol 1967.

At present in India so many refugees are staying from different countries like Bangladeshi, Afghanies, Persion, Tibetan, Pakistani, Srilankan Tamil, Rohingya refugees. There are no time limits bound for refugees staying in India. They get the privilege to live freely, fearless with certain basic rights and protections.

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