Legal Position & Status of Refugees in India: A Critical Analysis

Despite being a host to various groups of refugees from the very beginning, India does not have any specific national legislation pertaining to refugees, nor does it accede to the 1951 Refugee Convention or 1967 Refugee Protocol. In the absence of a specified legal framework in India, influxes of refugees are being addressed at purely ad-hoc administrative level. Resultantly some groups are enjoying benefits and privileges while others are subject to discrimination and unfavorable treatment despite being similarly situated. In this paper, the authors attempt to analyse and assess India’s international obligation towards this vulnerable group and further examines the legal position and status of refugees in India and scrutinizes the factors that desist our country from having a specific legal framework. The authors further venture to explore what would be the fate of this vulnerable group in the absence of a specific rights regime in our country. Lastly, the authors through this paper have attempted to throw some considerable light upon the judicial response towards the protection of this vulnerable group.