1

LEGAL STATUS OF REFUGEES IN INDIA

Dr. Bhagayashree A. Deshpande

Associate Professor
Dr. Panjabrao Deshmukh College of Law,
Amravati. Mob. No. 9822724558
E-mail ID:bhagyashri.deshpande72@gmail.com
Introduction
Refuges are equally entitled to enjoy all human rights and fundamental
freedoms equally with that of other human beings in the world. They are
entitled to have all kinds of human rights viz. civil, political, economic, social
and cultural rights. Besides these rights they are entitled to have some special
rights due to their vulnerability.
Objectives
 To find out rights of refugees under various International
Instruments.
 To consider the main provisions under the Convention on the Status
of Refugees, 1951.
 To study and evaluate Legal Status of Refugee in India.

Hypothesis
Rights of Refugees are protected in India.

Research Methodology
Research methodology adopted is Doctrinal Research Method.
Rights of Refugee under various International Instruments
When an issue of special rights of refugees on the basis of their
vulnerability is considered the provisions under Articles 13(2) and 14 of the
Universal Declaration of Human Rights, 1948 (UDHR) and the provisions
under Article 12(2) and 12(3) of the International Covenant on Civil and
Political Rights, 1966 (ICCPR) are relevant and significant. The provisions
under the Convention on Status of Refugees 1951 contain the special rights
related to the status of the refugees as one of the vulnerable groups. In addition
to these, there is a U.N. High Commissioner for Refugees (UNHCR)
established on 1st January 1961 to provide legal protection to the refugees and
to provide them material assistance.
Article 13 (2) of the Universal Declaration of Human Rights (1948)
provides -
Everyone has the right to leave any country including his own, and to
return to his council.
 2

Besides this, Article 14 provides -

1. Everyone has the right to seek and to enjoy in other countries asylum
from persecution.
2. This right may not be invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts contrary to the purposes
and principles of the United Nations.
Further, Article 12 (2) of the International Covenant on Civil and
Political Rights, 1966 provides that everyone shall be free to leave any country,
including his own. Article 12 (3) adds that this right shall not be subject to any
restrictions except those are necessary to protect national security, public order,
public health or morals or the rights and freedoms of others, and are consistent
with the other rights recognized in the present Covenant.
The Convention on the Status of Refugees, 1951
Rights of refugees under the Convention Relating to the Status of Refugees are
as follows -
i) Personal status of a refugee – The personal status of the refugees shall be
governed by the law of the country of his domicile or, if he has no
domicile, by the law of the country of his residence. (Article 12).
ii) Property rights of Refuges – The contracting States shall accord to a
refugee treatment as favorable as possible as and in any event not less
favorable than that accorded to aliens generally in the same
circumstances, as regards the acquisition of movable and immovable
property and other rights pertaining thereto and to leases the other
contracts relating to movable and immovable property. (Article 13)
iii) Minimum Rights to Refugees – The Convention stated that the
Contracting State Parties shall provide minimum right to the refugees
such as right to work, freedom of expression, right to education, right to
social security, freedom of religion, right to access of courts etc.
iv) Welfare of the Refugees – The provisions under Articles 20 to 33 of the
present Convention provide for the welfare of the refugees. Refugees are
required to be treated by the State Parties as their own nationals on many
aspects such as same treatment with respect to elementary education,
public relief and assistance, social security, labor legislations, freedom of
movement, right to residence, imposition of duties, charges of taxes etc.
v) Illegal Entry of Refugees - The Contracting States shall not impose
penalties on those refugees who have illegally entered into their territories
without authorization from a territory where their life or freedom was
threatened provided they present themselves without delay to the
authorities and show good cause for their legal entry or presence. Para 2
of Article 31 provides that the Contracting States shall not apply to the
movements of such refugees restrictions other than those which are
necessary and such restrictions shall only be applied until their status in
the country is regularized or they obtain permission in another country.
 3

The Contracting States shall allow such refugees a reasonable period and
all the necessary facilities to obtain permission into another country.
vi) Expulsion of Refugees - The Convention under Article 32 provides that
the Contracting under shall not expel a refugee lawfully in their territory
save on grounds of national security or public order. Para 2 of the Article
31, lays down that the expulsion of such a refugee shall be only in
pursuance of a decision reached in accordance with due process of law.
The Parties shall allow such a refugee a reasonable period within which to
seek legal admission into another country. The Contracting States reserve
the right to apply during that period such internal measures as they may
deem necessary.
vii) Travel documents - The Convention under Article 28 laid down that the
Contracting States shall issue to refugee lawfully staying in their territory
travel documents for the purpose of travel outside their territory unless
compelling reasons of national security or public order otherwise require.
The Contracting Stales may issue such a travel document to any other
refugee in their territory; they shall in particular give sympathetic
consideration to the issue of such a travel document to refugees in their
territory who are unable to obtain a travel document from the country of
their lawful residence.
viii) General Obligations - The Convention under Article 2 lays down that
every refugee has duties to the country in which he finds himself, which
require in particular that he conforms to its laws and to regulations as well
as the measures taken for the maintenance of public order.
ix) Prohibition of Expulsion or Refoulment – Article 33 of the Convention
states that no contracting State Party shall expel or refoulment a refugee in
any manner whatsoever to the frontiers of territories where his life or
freedom would be threatened on account of his race, religion, nationality,
membership of particular social group or political opinion.
However para 2 of Article 33 provides that a refugee cannot
claim this benefit against whom there are reasonable grounds for
regarding as a danger to the security of the country or who has been
convicted for a serious crime and constitutes a danger to the community
of that country.
x) Access to Courts – The Convention under Article 16, para 1 lays down
that a refugee shall have free access to the courts of law on the territory of
all contracting States.
Legal Status of Refugees in India1
Though India has not become a party to the Convention Relating to the
Status of Refugees, 1951 yet the two basic principles of the Convention namely
(i) non-discrimination as far as possible between national and refugees, and (ii)
no discrimination based on race, religion or country or origin amongst refugees
are followed under Indian Legal System. This conclusion is based and the
1
Retrieved from Dr. S.K. Kapoor, Human Rights, 5th Ed.2011, Central Law Agency, Allhabad-
02,p.176.
 4

provisions of Part III of the Constitution. Once the refugee is lawful in India he
or she gets several protections enshrined in Part-III of the Constitution. Article
14 provides that the State shall not deny to any person equality before the law
or the equal protection of law within the territory of India. Further, Article 21
provides that no person shall be deprived of his life or personal liberty except
according to procedure established by law. Besides this, Article 22 provides
protection against arrest and detention in certain cases. Moreover, Article 25
(1) provides that subject to public order, morality and health to others
provisions of Part III provides that all persons are equally entitled to freedom
of conscience and the right to freely profess, practice and propagate religion.
A glaring example of refugees living with honor is that of Dalai Lama
and his Tibetan followers. Being oppressed from the repressive policies of
China, Dalai Lama and some of his followers fled away from Tibet and sought
political refuge in India. India granted asylum to Dalai Lama and his followers.
It was an indication of territorial sovereignty of India. China resented it and
made a great hue and cry over it and alleged that India was interfering in the
internal affairs of China. But as a matter of fact and in accordance with the
principle of territorial asylum, India as a sovereign State was within her right to
grant asylum to Dalai Lama and his followers. As remarked by Hall, "A State
being in liberty to do whatever it chooses within its territory without reference
to the wishes of other States, so long as the acts are not directly injurious to
them, it has the right of receiving and giving hospitality of asylum to emigrants
or refugees, whether or not the former have violated the laws of their country in
having violated the laws of their country in leaving it and whether the latter are
accused of political or of ordinary crimes."
Yet another example of refugees coming to India was that of the influx
of refugees from Bangladesh. In this case, Article 14 (2) of the Universal
Declaration of Human Rights did not apply because the influx of refugees from
Bangladesh was due to political crimes and the refugees concerned were not
guilty of violating the purposes and principles of the United Nations. Rather the
Military Regime of Pakistan was guilty of violating the purposes and principles
of the United Nations.
Conclusion
Though India is not a party to the Convention on Status of Refugees, the
Rights of Refugees are protected in India.
References
 Agrawal Dr. H.O., Human Rights, 16th ed. CLP, Allahabad.
 Deshpande, Dr. Bhagyashree A., Human Rights : Law & Practice, ed.
2017, CLP, Allahabad.
 Kapoor, Dr. S.K., Human Rights, 5th Ed., Central Law Agency,
Allhabad-02.
 The Convention on Status of Refugees, 1951.
 www.google.com