Refugees Experience and the Host Communities: Critical Analyses on Absence of Refugee Law in India

Abstract

This article delves into the pressing necessity for comprehensive refugee legislation in India and the repercussions arising from the absence of such legal provisions. India, which harbours a considerable population of refugees from nations such as Myanmar, Bangladesh, Tibet, Sri Lanka and Afghanistan, presently lacks a specialized legal framework tailored to tackle the distinct challenges confronted by refugees. The nonexistence of refugee laws gives rise to various consequences impacting refugees and the host country. The research methodology for this study adopted a qualitative approach, focusing on gaining in-depth insights into the challenges faced by refugees and the host communities in India and the consequences of lacking a dedicated refugee law. This article highlights five pivotal domains where the lack of a refugee law in India yields significant ramifications: insufficiency of legal safeguards, ambiguity and inconsistent treatment, restricted access to essential services, susceptibility to exploitation and mistreatment and burdens on host communities. Moreover, the article delves into the implications of national security concerns originating from the dearth of a comprehensive refugee law and its effect on India’s global standing. The analysis underscores the criticality of enacting a robust refugee law to safeguard the rights, security and welfare of refugees; foster their integration into society; and showcase India’s dedication to human rights and international humanitarian endeavours. The article concludes by emphasizing that implementing a comprehensive refugee law is imperative to address the challenges posed by forced displacement and establish a secure and inclusive future for refugees and the host nation.