An overview of the definition of refugees, similar terms and international legal regime concerning refugee laws, with special focus on the problem under Indian perspective.

1. REFUGEE RIGHTS
AND PROBLEMS

2. AT
ICFAI LAW SCHOOL
DEHRADUN
ON
20 JUNE 2021
PRESENTATION
BY
MAJ GEN NILENDRA KUMAR
DIRECTOR

4. REFUGEE
Refugee is one who has
escaped from his/ her
country for political,
religious or economic
reasons or because of war.
- Cambridge Dictionary

5. Persons who are outside their country of nationality or
habitual residence and are unable to return owing to serious
and indiscriminate threats to life, physical integrity or freedom
resulting from generalized violence or events seriously
disturbing public order.
REFUGEE
ANOTHER DEFINITION

6. Everyone has the right to seek and to enjoy in other countries
asylum from persecution.
UNDERLYING PRINCIPLE
ARTICLE 14

7. 1. Refugee Convention, 1951 145
2. UN Protocol Relating to the
Status of Refugees, 1967 146
KEY INSTRUMENTS
NO. OF STATES
RATIFIED

8. ASIAN COUNTRIES WHO HAVE NOT SIGNED THE
1951 CONVENTION
1. India
2. Indonesia
3. Bangladesh
4. Malaysia

9. ASYLUM
It is the protection
granted by a State to
someone who has left his
country as a political
refugee.

10. RELATED TERMS
1. MIGRANT - One who moves from one place to another, especially
in search of work or better living conditions. (Usually understood in
context of a State)
2. IMMIGRANT - One who comes to live permanently in a foreign
country.
3. ILLEGAL IMMIGRANT - One who lives in a country where he/ she is
not legally allowed.
4. DISPLACED PERSON- One who is forced to leave his/ her country
due to war or persecution. As opposed to a migrant, it is not of
one’s free will.

11. ASYLEE AND DISPLACED PERSON
- Refugee status can only be
obtained from outside.
- A person who meets the definition
of a refugee and is already in the
country, becomes eligible for
asylum status.
- A displaced person refers to one
who has not crossed a national
border and thus does not qualify
for a formal refugee status.

12. TOTAL NUMBERS
1. Over 79.5 million worldwide.
2. 85% of refugees are hosted
by developing countries.
3. One in five refugee is hosted
in Europe.
Number of Syrian refugees received by major
hosts

13. NUMBER OF REFUGEES AROUND THE WORLD
US - 3.1 m
India- 10.3 m (as in 1987)
Turkey- 3.6 m
Colombia- 1.8 m
Pakistan- 1.4 m
Uganda- 1.4 m
Germany- 1.1 m

14. TROUBLE SPOTS
68% of the refugees come from
MYANMAR SOUTH SUDAN SYRIA
AFGHANISTAN VENEZUELA

15. REFUGEE CONVENTION,1951
PURPOSE - To provide protection to people at risk
of persecution in their own countries.
FEATURES
1. Defined refugee
2. Kept non-refoulement as a
core principle
3. Outlined the rights of refugees
4. Stated legal obligations of
States to protect refugees.

16. UNHCR
(UNITED NATIONS HIGH
COMMISSIONER FOR REFUGEES)
- Serves as the guardian of
the 1951 Convention and its
1967 Protocol.
- It protects and assists the
refugees.
FILIPPO GRANDI

17. 1967 PROTOCOL
It expands the applicability of the 1951 Convention. It removes
the geographical and time limits that were part of 1951
Convention.

18. 1. Right to employment.
2. Right to return.
3. Right to non-refoulement.
4. Right to family reunification.
5. Right to travel.
6. Restriction on onward movement.
REFUGEE RIGHTS

19. MAJOR ISSUES CONCERNING REFUGEES
1. Protected displacement.
2. Medical problems and healthcare.
3. PTSD
4. Exploitation
5. Security
6. Employment
7. Education

20. REFUGEE STATUS DETERMINATION
- It is the procedure
conducted to determine who
is a refugee.
- The process may take upto
20 months.

21. 1. Person who have committed
- Crimes against peace
- War crime
- Crimes against humanity
- serious non-political crime
2. Military personnel
WHO ARE NOT COVERED BY CONVENTION

22. 1. Details of complete address with contact details
2. Submit supporting documents (if any) along with
registration form
3. Registration feasible even without supporting documents
4. Assigned case no. & Under Consideration Certificate
issued.
5. Interview scheduled within 20 months from registration
date
6. UNHCR determines refugee status

23. India has accepted a large no. of refugees since it
gained independence.

24. An example of India providing shelter to refugees was the migration of
Parsees from Iran to Sanjan, Gujarat around 8th Century. The local ruler
of Sanjan was Jadi Rana.
King Jadi Rana welcoming
Parsees

25. 1. Tibetan Refugee, 1959 80,000
2. Afghan Refugees- 1979 1,00,000
3. Sri Lankan Tamils - 1983 to 87 1,34,000
4. The estimated number of illegal Bangladesh immigrants in India as
on 31 Dec, 2001 was 1.20 cr, out of which 50 lakhs were in Assam.
PAST INSTANCES WHEN LARGE NUMBER OF
REFUGEES WERE ACCEPTED BY INDIA
Number

26. INDIAN CONTEXT
LEGAL FRAMEWORK
1. Constitution of India
Articles 5 to 11
2. Foreigners Act, 1946
3. Citizenship Act, 1955
r/w Citizenship (Amendment) Act, 2019
4. Passport Act, 1967

27. Matters relating to refugee status, their numbers and
consequential problems have been dealt by the
Supreme Court in a number of cases.

28. CASE LAW
1. Sarbananda Sonowal v. UOI,
(2005) 5 SCC 665
Justice GP Mathur
1. Sarbananda Sonowal (II),
(2007) 1 SCC 174
Justice SB Sinha
1. Assam Sanmilita Mahasangha
v. UOI,
(2015) 3 SCC 1
Justice RF Nariman

29. SARBANANDA SONOWAL
The Petition had challenged the validity of Illegal Migrants
(Determination by Tribunals) Act, 1983 and sought a
declaration that the Foreigners Act, 1946 and the rules
shall apply to Assam.
1. Adverting to the words, ‘aggression, war and internal
disturbance’ as appearing in Art 355, the Court held:
There could be a unique type of bloodless aggression from
a vast and incessant flow of millions of human beings
illegally migrating from one country into another as was
happening in State of Assam from Bangladesh.
(Paras 55, 56 and 60)

30. As a result of population movement from Bangladesh, the spectre
looms large of the indigenous people of Assam being reduced to a
minority in their home state. Their cultural survival will be in
jeopardy, their political control will be weakened and their
employment opportunities will be undermined. The silent and
invidious demographic invasion of Assam may result in the loss of
the geo-strategically vital districts of lower Assam.
(Paras 22 and 23)
2. REPORT DATED 8 NOV 1998 FROM THE
GOVERNOR OF ASSAM TO THE PRESIDENT OF INDIA

31. 3. Presence of such large number of
illegal immigrants also contributed
significantly in causing serious
internal disturbances in the shape of
insurgency of alarming proportions,
making the life of people of Assam
wholly insecure and creating a fear
psychosis. It was the duty of the
Union of India to take all measures for
protection of Assam from such
external aggression and internal
disturbance, as enjoined in Art 355.
(Paras 63 and 64)

32. 4. Fundamental rights of foreigners are confined to Art 21 for
life and liberty and do not include right to reside or stay in
India. Hence Bangladeshi nationals who have illegally entered
India have no legal right of any kind to remain in India and
they are liable to be deported.
(Para 79)

33. 5. The Foreigners Act, 1946
confers wide ranging powers
to deal with all foreigners or
with respect to any particular
foreigner for prohibiting,
regulating or restricting their
or his entry into India or their
presence or continued
presence including their
arrest, detention and
confinement.
(Para 22)

34. 6. The Provisions of IMDT Act, 1983 to be ultra vires the
Constitution and struck down.
(Para 83)

35. SARBANANDA SONOWAL II
FACTS
After the decision of Sonowal I,
instead of complying with the
directions of the Supreme Court, the
Central Government amended the 1964
order principally making the same
inapplicable to the State of Assam. The
matter again reached the Supreme
Court.

36. DIRECTIONS
It is not open to the authority concerned to nullify directions
of the Supreme Court. Hence, bona fides of Central Govt
questioned and both the amending orders and 2006 orders
were quashed as being illegal and unconstitutional.

37. There was not a single fact on record to justify the stated
apprehensions of trouble/ victimization of genuine citizens at
the hands of specified authorities in the name of detection
and deportation of foreigners.
Further, the Court found

38. ASSAM SANMILITA MAHASANGHA CASE
The writ petition challenged
the validity of Section 6A of
the Citizenship Act, 1955
and prayed that National
Registers be not updated
and to treat 1951 as the
base year for the purpose of
detection and deportation
of illegal immigrants in
Assam.

39. 1. The Court discussed following types of illegal
migrants
a. Those who come with valid visa/ documents and
overstayed;
b. Those who came with forged visa/ documents; and
c. Those who entered surreptitiously.
(Para 4)

40. 2. PULL AND PUSH FACTORS
PUSH FACTORS
1. Steep and continuous increase in population.
2. Sharp deterioration in land-man ratio.
3. Low rates of economic growth particularly poor
performance in agriculture.
PULL FACTORS
1. Ethnic proximity and kinship enabling easy shelter to the
immigrants.
2. Porus and easily negotiable border with Bangladesh.
3. Better economic opportunities.
4. Interested religious and political elements encouraging
immigration. (Para 37)

41. 3. Refugee status can be
granted and has been
granted in India through
executive orders passed by
the Central Government.
(Para 12)

42. It is thus apparent that
executive actions in India
with regard to grant of
refugee status have been
extensively examined by the
Judiciary and suitable
corrective actions taken.
POINT TO BE NOTED

43. Regular employment or engagement with:
1. UNHCR
2. Immigration Lawyer
3. Humanitarian Aid Worker
4. Domestic Case Worker
5. Policy Analyst
6. Human Rights Offices
7. IHL Lawyer
8. Child Rights Lawyer
9. Academic
CAREER OPPORTUNITIES IN
REFUGEE LAW

44. It is hoped that the States would,
in a foreseeable future, show
willingness to codify a global
obligation to share
responsibility to accommodate
the refugees.
CONCLUSION