Refugees in India

Syllabus: Functions and responsibilities of the Union and the States

Context: Union Home Minister Amit Shah has rightly stressed the need to make a distinction between refugees and infiltrators.

More in News:

• India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol; hence, no legal definition of ‘refugee’ exists.
• The Immigration and Foreigners Act (April 2025) replaced three colonial-era laws but did not address refugee protection gaps.
• India hosts over 2.11 lakh refugees (as of June 2023), including Tibetans, Sri Lankan Tamils, Rohingyas, Afghans, etc.

Key Legislation Regulating Immigration and Foreigners in India

1. Immigration and Foreigners Act, 2025

• Replaces four laws — Foreigners Act (1946), Passport (Entry into India) Act (1920), Registration of Foreigners Act (1939), and Immigration (Carriers’ Liability) Act (2000).
• Objective: Modernize and streamline immigration procedures.
• Key Provisions:
  • Stricter Entry & Deportation Norms:
    • Valid passport and visa mandatory (unless exempted).
    • Entry can be denied on grounds of national security, sovereignty, public health, or foreign relations.
    • Immigration Officers’ decisions are final.
  • Institutional Framework:
    • Establishes the Bureau of Immigration (BoI) as a statutory body for visa issuance, border control, and registration.
  • Mandatory Reporting:
    • Hotels, educational institutions, hospitals, and householders in notified areas must report foreign nationals.
  • Movement Restrictions:
    • Permits required for Protected, Restricted, or Prohibited Areas (e.g., border zones, strategic sites).
    • Foreigners cannot change names or move freely without approval.
  • Penalties:
    • Up to 5 years’ imprisonment or ₹5 lakh fine for unauthorized entry.

2. Immigrants (Expulsion from Assam) Act, 1950

• Enacted to deal with influx from East Pakistan (Bangladesh) post-Partition.
• Allows the Union Government to expel individuals who were residents outside India if deemed detrimental to public interest or Scheduled Tribes in Assam.
• Section 2: Authorises expulsion within specified time and route.

3. Foreigner Registration Requirements

• Foreign nationals (including Persons of Indian Origin) staying over 180 days must register with the Foreigners Regional Registration Officer (FRRO).

4. Citizenship Act, 1955

• Governs acquisition, renunciation, and registration of Indian citizenship.
• Includes provisions for Overseas Citizens of India (OCI) and regulates dual-citizenship-related issues.

India’s Refugee Policy

• India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol.
• No dedicated domestic refugee law — refugees are governed under general laws like the Foreigners Act (1946).
• Reasons for not signing:
  • The convention’s narrow, Eurocentric definition excluding economic migrants.
  • Concerns over sovereignty, security, and binding international obligations.
• Approach:
  • Ad hoc, humanitarian policy — offers temporary shelter without legal refugee status or rights.
  • States cannot grant refugee status; decision-making is centralized under the Union government.
• Refugees from Myanmar, Afghanistan, and Sri Lanka lack specific legal protection under Indian law.

Special Provisions for Border Movement

• Nepal: India-Nepal Treaty of Peace and Friendship (1950) allows free movement of citizens without visas.
• Myanmar:Free Movement Regime (FMR) allows border residents within 10 km on both sides to cross without visas.
  • After the Manipur violence (2023), the Ministry of Home Affairs decided to fence the 1,643 km India–Myanmar border to curb illegal migration.
• Bangladesh & Pakistan:
  • No FMR and the movement governed strictly by passport and visa rules.