The law on Refugees is basically a specialized branch of public international law that primarily focuses on the protection of individuals who are compelled and forced to leave their countries due to fear of persecution on account of their race, religion, nationality and membership of social political groups opinion and who is outside the country of his or her origin and does not have its protection[1].There are law colleges in Cooch Behar that had discussed under their law curriculum the concept of Refugee and their rights under national and international through class deliberation, debates, group discussion, outreach programme or field visit and seminars as a topic under their modules. However, the individuals who voluntarily migrate to other nations for better employment, education, or economic opportunities do not fall within the legal definition of refugees. The modern framework of refugee protection developed largely after the II World War, when large-scale displacement exposed the need for an international legal mechanism to safeguard the basic human rights of vulnerable and oppressed populations.
International Legal Regime
The UN in 1945 had taken significant steps towards recognising and protecting the human rights of the refugee worldwide. The adoption of the UDHR in 1948had marked a foundational moment, affirming that fundamental rights belong to every individual regardless of nationality or status. Article 14 of the UDHR recognises the right of persons to seek asylum in other countries when they face persecution.The fundamental legal instrument governing refugee protection is the Convention Relating to the Status of Refugees, 1951 is the fundamental legal instrument that governs their rights which sets out the universal rights and obligations associated with refugee status. It further prohibits discrimination against refugees and restricts States from expelling or forcibly returning them to territories where they may face danger which is known as the principle of non-refoulement. The area and scope of refugee protection was further broadened through the 1967 Protocol, which removed the earlier limitations related to time and geography, thereby extending protection to refugees worldwide.To monitor and oversee the implementation of these norms and principles, the United Nations High Commissioner for Refugees (UNHCR) was created in 1950, which works to ensure the safety and dignity of refugees and assists them through repatriation, local integration, rehabilitation or resettlement in third countries. The rights which are recognised under international law are the right to asylum, Protection against Refoulement, Right to Non-Discrimination, Right to Life, Liberty and Security Right to Freedom of Religion, Work, Education, Assistant, Access to Court, Right to Identity and Travel Documents
Position in India
From the time immemorial it has been seen that India has anelongatedpast of hosting displaced communities even before the formal development of international refugee law. After independence, the nation received a large invasion of refugees during the Partition of India. Over the period of spans of decades, India has provided shelter to Tibetan refugees, Bengali refugees during the 1971 conflict, Sri Lankan Tamils fleeing civil war, and Afghans escaping prolonged violence and political turmoil. Other groups such as the Rohingyas, Chakmas, Hajongs, and refugees from African nations have also sought refuge in India. Many communities that arrived in earlier periods have since acquired Indian citizenship and are fully assimilated into society.
Refugee Protection under Indian Law
It is interesting to note that till now India has not ratified the 1951 Refugee Convention or the 1967 Protocol, nonetheless they demonstrated engagement by participating in the UNHCR executive committee and endorsing international declaration on asylum and migration. Currently there is no legal basis, legislation or defined procedure for the determination and protection of refugees in India and are treated as foreigner and hence governed under the municipal laws through the relevant provisions of Foreigners Act 1939; the Passport Act, (Entry into India), 1920; The Passport Act, 1967; and the Extradition Act, 1962. Nonetheless, India has demonstrated engagement with international refugee protection by participating in the UNHCR’s Executive Committee and endorsing international declarations on asylum and migration. In practice, refugee protection in India has evolved through administrative policies, scheme and programme as well as of judicial interpretation and precedent rather than through a comprehensive legal statute. Though India has no specific legal framework, it has a strong liberal constitutional framework which guarantees various fundamental rights under part III of the constitution such as Art 14, 21, 25-28, 32, 226. In NHRC v. State of Arunachal Pradesh (1996) I SCC 742 (Chakma Refugee Case) the Hon’ble Supreme Court held that Art 14 and 21 are available to persons general and therefore to a refugee as well. In Louis De Raedt v. UOI, the Supreme Court held that even non-citizens have the fundamental rights to life, liberty and dignity. The refugees are also given right to practice and profess their own religion subject to reasonable restriction that apply to everyone including alien.
Refugee status is determined by the Central Government on a case-by-case basis, often with assistance from the UNHCR. The Indian judiciary has played a pivotal role in safeguarding refugee and asylum seeker human rights by extending constitutional protections to them, particularly through the Article 21 of the Constitution. Courts have also recognised safeguards such as protection from arbitrary deportation and the right to fair treatment during asylum proceedings. Certain refugee groups are addressed under the Citizenship Act, 1955 with latest Citizenship Amendment Act 2019, to provide an expedited path to citizenship for specified persecuted minorities from neighbouring countries.
Conclusion
In the absenteeism of a uniform legal statutory framework and mechanism, India’s refugee protection scheme has developed through a blend of constitutional schemes and judicial precedent. The law colleges in Cooch Behar discusses and explore its varied aspect and spread awareness among the citizens about the necessity to understand legal aspect of refugee in legal education and practice and its issues and challenges through analyzing the various judgment of court.While, on the other hand this approach, methodology and practice has provided basic fundamental safeguards, the future depiction of a comprehensive and codified refugee legal regime would augment lucidity, rationality, ensure uniform legal standards, and strengthen India’s commitment to the protection of refugees including asylum seekers.
