Refugees in the National Frame Work

In the light of international scenario, let us now look at the Indian situation. The statistics indicate that India has one of the largest refugee populations in the world but, there is no law or consistent policy to deal with the problems of refugees. India has neither signed the convention of 1951 relating to the status of refugees nor the protocol of 1967. The figures which have been collected indicate that there are more than one lakh tibetans (with thousands fresh arrivals every year), nearly one lakh of Sri lankans (with figure has also increased), about 15,000 Afghans, in addition, quiet a sizeable population of Burmese, Somalis, Sudanese, Iranians and other nationalities. It appears that a draft legislation concerning Refugees and Asylum Seekers protection Act 2000 is under consideration of the Government. But, nothing appears to have been done to initiate further discussion; in fact not many are aware of this draft legislation.

In absence of any protection by national statute or governmental policy, one has to look at the constitutional safeguards and the international instruments which are in consonance with constitutional principles.