Human rights of refugees and seeking asylum to India

Abstract

The issue of refugees and asylum seekers has emerged as a critical concern in the global human rights discourse. India despite not being a signatory to the 1951 UN Refugee Convention or its 1967 protocol, hosts a large number of refugees from neighbouring countries such as Tibet, Sri lanka , Myanmar and Afghanistan.

In the absence of uniform refugee law in India and taking into account some political tactics, there is always a possibility of discrimination. Due to India’s geographical location, democratic government, religious tolerance it become a top asylum seeker and refugee County.

With a goal of helping Asylum seekers and refugees, realize their basic human rights and access the legal systems, there is a need to defend the rights of refugees and to better their status in India.

This paper explores human rights situation, critically examine domestic legal frameworks and international obligation. It has highlights the challenges such as lack of legal recognition. Absence of a National refugee law and unequal treatment of refugee groups. The study concludes with recommendation in alignment with India’ s constitutional values and international human rights standards.

Keywords: Human Rights, Refugees, Asylum Seekers, Human Rights, Non-Refoulement, Refugees, Judicial Intervention, UNHCR, Security vs Humanitarianism, Citizenship Amendment Act (CAA).