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Taliban has gained control over two-thirds of Afghanistan, including larger cities like Herat, Kandahar, Mazar-i-Sharif, and Kabul. In the past few weeks, the requests for Indian visas in Kabul have increased sharply. Captain T Praveen Keerthi, General Secretary of Air India Pilots Association (ICPA), wrote a letter to Civil Aviation Minister Jyotiraditya Scindia regarding the evacuation of Indians and others who are present in the Taliban controlled areas.
In this hostile environment, it becomes extremely pertinent to become more aware of the refugee policy in India and how they are treated from a legal perspective. An influx of illegal migrants had recently troubled India after the military coup and subsequent crackdown in Myanmar.
It's important to discuss the refugees' influx in India as it puts an economic burden on the country. It can also threaten the peace and security of India. However, taking care of all the refugees is the core component of basic human rights. Currently, India lacks any specific legislation to address the problem of refugees.
The Foreigners Act 1946 gives unlimited power to the Central Government to deport any foreigner. Additionally, the Citizenship Amendment Act, 2019 (CAA) provides citizenship to Hindu, Christian, Jain, Parsi, Sikh, and Buddhist immigrants from Bangladesh, Pakistan, and Afghanistan. Hence, Muslims from Afghanistan won't be eligible for citizenship under this Act.
United Nations Refugee Convention 1951 is a multilateral treaty that sets out the rights of people who get asylum (protection granted by the state) and the responsibilities of countries that grant asylum. However, India hasn't signed the treaty and its 1967 Protocol.
Although India hasn't consented to the treaty, our country still maintains a stellar record on the issue of refugee protection. The Hon'ble Supreme Court has also affirmed that the basic fundamental rights are the foreigners/refugees' rights. In National Human Rights Commission v. State of Arunachal Pradesh, the Court held that
" while all rights are available to citizens, persons including foreign citizens are entitled to the right to equality and the right to life, among others."
The Foreigners Act, 1946 views "illegal immigrants" and "refugees" as one and the same. This has caused a lot of confusion since the interpretation of immigrants and refugees holds a lot of differences. Refugees are individuals who are forced to leave their nations because of war, religious intolerance, environmental disasters, or political persecution.
Immigrants can come to settle with the family that resided in another country, or they came for better economic opportunities. Hence, it becomes crucial for our legislation to separate refugees from immigrants. Our legal framework needs to recognize the situation that forced certain individuals to leave their homes.
India has helped in the resettlement of thousands of refugees. However, if India formulated domestic legislation regarding refugees, it can potentially positively impact countries like Afghanistan and Syria. In the current legal scenario, India has skilfully maintained a balance between humanitarian obligations and security risks. If legislation regarding refugees comes into existence, it is important for the provisions to maintains the same balance.
For a more detailed understanding, refer to the " National Human Rights Commission v. State of Arunachal Pradesh " case study by clicking the case below.