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2021, Guest Talk - OP Jindal Global University
I was invited to give a talk on refugee protection in India at the Department of Mass Communication and Journalism, OP Jindal Global University, India on 6th October, 2021. It was a closed lecture and was delivered to the students of the department.
2020 •
The book ‘ Protection’, written by Shuvro Prosun Sarker, published in the year 2017 by the Springer Nature in their Palgrave Macmillan imprint, richly deserves a review. This is even more so in light of the recently amended legislation on citizenship which will impact the lives of refugees living in India. The Citizenship Act, 1955 (‘Act’) was amended by the Parliament in December 2019. The Citizenship (Amendment) Act, 2019 stipulates that non-Muslim minorities (namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians) entering into the territory of India on or before December 31, 2014 from Pakistan, Afghanistan and Bangladesh shall not be considered as illegal migrants.1 Additionally, it also provides that such exempted illegal migrants shall be eligible to apply for citizenship of India subject to other conditions mentioned therein.2 In this book, Sarker seeks to address the question on the legal status of refugees which continues to persist in the absence of a concrete law ...
Globus: http://www.globus.uio.no/resources/global-justice-blog/field-refugees-india-feb-2018%282%29.html
Institute of Legal Education
THE CONSTITUTIONAL PROTECTION -LEGAL AND INSTITUTIONAL FRAMEWORK FOR REFUGEES IN INDIA2023 •
The phenomenon of refugee influx into India is not a new occurrence. Amidst the 1947 split, individuals commenced evacuating their residences and embarking on a journey towards India. Despite India's non-signatory status to both the 1951 Convention and the 1967 Protocol, the Indian government has always demonstrated a commitment to promptly provide assistance and facilitate the reintegration of refugees who seek asylum within its borders. The principle of "Atithi Devo Bhava" serves as a foundational principle that underlies the rich cultural tradition of hospitality in India. The settlement of refugees within the borders of India is permitted on the basis of this principle. Consequently, this leads to the observance of the principle of non-refoulement, which has acquired recognition as a customary norm within the context of international refugee law. India lacks a comprehensive national legal framework that governs the entry, residency, and entitlements of refugees within its borders. The Constitution guarantees a limited number of fundamental rights that are applicable to "all persons," including foreign nationals residing in the United States. Apart from administrative directives and announcements, there are only a limited number of laws that specifically address the registration and extradition of foreign individuals currently residing in India. In the Article, the researcher examines the constitutional safeguards and legislative provisions that are applicable to refugees in India.
Rights in Exile Refugees Legal Aid Newsletter - International Refugee Rights Initiative.
Understanding the Importance of a National Legislation for Refugee Protection in India2017 •
India is not a signatory to the 1951 UN Convention on Refugees or it's Protocol of 1967. There is also no uniform national legislation that caters to the well being of refugees in India. Policies adopted for refugee welfare in India are usually ad-hoc in nature, their implementation depending entirely on the whims and fancies of the political parties in power.
International Relations and Diplomacy
The Pattern of Refugee Management for Ensuring Their Rights: The Indian Approach2015 •
3 rd Year, 6 th Semester (Final Year) Abbreviations:
Asian Journal of Legal Education
Book review: Refugee Law in India: The Road from Ambiguity to Protection, S. P. SarkerRefugee Law in India: The Road from Ambiguity to Protection, S. P. Sarker, Palgrave Macmillan, Singapore, 2017. pp. i–xxviii + 1–213 (Paperback), Ä58.84 (Ebook), Ä69.99 (Softcover Book), Ä99.99 (Hardcover Book), ISBN 978-981-10-4807-4.
2020 •
On 17 December 2018, the Global Compact on Refugees was officially affirmed by the United Nations General Assembly. India took an active role in contributing to the development of the Compact and affirmed it, along with the majority of Mem- ber States. The Compact, a non-binding instrument, sets out to provide a basis for predictable and equitable responsibility-sharing among all United Nations Member States. It also emphasises the need for stakeholders to enhance refugee self-reliance in host states. While India is not a party to the 1951 Refugee Convention or its 1967 Protocol and does not have a national framework for refugee protection, it grants asylum to a number of refugees from neighbouring states and has a rich and well-documented history of hosting refugees. Lately, however, concerns about national security and shifts in political discourse have had an adversely restrictive impact on the asylum space in the country. In such an environment, the absence of a uniform legal and administrative framework for refugees presents serious protection challenges. Yet, India’s recent commitment to the Compact raises hopes about what might still be achieved. The contributions to this edited collection—who include legal experts, researchers, academics and distinguished figures from across India and beyond— explore the importance and relevance (or irrelevance) of the Global Compact on Refugees for present-day India.
The Government of India has dealt with refugee issues as an integral part of bilateral relations with neighbouring states. The importance of administrative discretion in the government’s dealings with refugees is therefore governed by the practical consideration of relations between states. However, this administrative discretion has been exercised in broad consonance with international refugee law norms. The Indian government believes that even in the absence of refugee specific legislation and in spite of being a non-signatory to the principal refugee conventions, adequate protection to refugees is being provided a generous asylum policy and administrative structure. However, by not differentiating refugees from other aliens in the country gaps in their protection occur – particularly with regard to asylum seekers that enter the country illegally and with regard to the equitable regulation of their stay in the country. Under the current framework, no system of protection exists for such asylum seekers and if it was not for the intervention of a third party, these persons might have run the serious risk of being refouled at the expiry of their initial stay permits. A legislative framework would clearly be beneficial in sealing these lacunae in the protection of refugees. The experience of resolving the problem of the stateless persons of Indian origin in Sri Lanka indicates the importance of recognizing the inter-connectedness of refugee problems and solutions in the region. The Draft Regional Declaration on Refugees in South Asia is therefore a very useful first step in this regard. Repatriation of refugees under bilateral arrangements without full involvement of UNHCR can always be questioned. In the bilateral arrangement, despite the best of intentions of the country of origin and the host country, doubts about the voluntary aspect of the repatriation can always be raised and it can always be said that the refugees have been forced to repatriate contrary to the principal of non-refoulement. Therefore, full involvement of UNHCR is a necessary prerequisite in any refugee repatriation situation. The role of the UNHCR from a passive facilitator to that of active promoter has emerged in view of the complex refugee situation, the demands of the international community, overburdened host countries and in certain situations, the refugees themselves due to miserable life in the camps in the host countries. Its role as an active promoter has evolved over time and the international community has accepted it and now there is no possibility of going back. Refugee repatriation as a concept and process has evolved over the years and helped in finding durable solution for millions of refugees. This is the solution, which needs to be pursued vigorously with the cooperation of all concerned. It will require intense involvement and commitment of the country of origin, the country of asylum and the international community. The international community has also to address the causes of the refugee flow and adopt a pro-active role to bring about peace and reconciliation. Adequate and timely reintegration assistance plays a very important role in the successful repatriation and therefore, should get the due attention of the international community.
“From the initial idea and path breaking work on Refugee and Internally Displaced People’s rights by the Norwegian Diplomat and Humanitarian Fridtjof Nansen at the turn of last century to the evolution of refugee rights legal framework at the turn of 21st century, the principles and corpus of law related to it has been widely studied and put in action. But the recent influx of the Syrian IDP’s as refugees in EU especially Hungary and Greece as transit points and Germany, France and UK as the final destination has led to a compassion fatigue. On the other hand in the near neighborhood of South Asia though not even a single nation has signed and ratified the 1951 Convention on Refugee Rights and its 1967 Protocol it has done commendable work in hosting and providing legal and physical protection to Refugees and Internally Displaced persons by enacting Principles and National Laws as the case in the point are SAARCLAW and Model National Law.”
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