Introduction
India hosts a diverse refugee population—from Sri Lankan Tamils and Tibetans to Rohingya Muslims and Afghan nationals—but does not have a domestic refugee law, nor is it a party to the 1951 UN Refugee Convention. Instead, refugee matters are handled through immigration statutes, selective executive orders, and limited UNHCR-supported refugee status determination (RSD). This ambiguity leaves refugees vulnerable and exposed to inconsistent state practices, detention, deportation, or statelessness.
Legal Framework & Administrative Ambiguity
India regulates non-citizens—including refugees—under a patchwork of laws: the Foreigners Act (1946), Registration of Foreigners Act (1939), Passport Act (1920), and the Citizenship Act (1955) mint+2The Law Institute+2Nyaaya+2. These laws offer no legal definition of "refugee" and lack any refugee-specific rights or protections. Under the Foreigners Act, undocumented refugees are treated identically to illegal migrants, liable to arrest or deportation Scroll.inHindustan Times. Judicial decisions—such as in National Human Rights Commission v. Arunachal Pradesh (1996) or Chakma refugee cases—have occasionally invoked constitutional protections under Articles 14 and 21 and extended non‑refoulement principles. Yet, in Mohammad Salimullah v. Union of India (2021), the Supreme Court declined to enforce non-refoulement for Rohingyas, stating India is not bound by UN conventions Wikipedia+2The Law Institute+2Hindustan Times+2.
Current Practice: UNHCR Registration & State Dynamics
India recognizes formal refugees only in limited cases—such as Tibetans and Sri Lankan Tamils—through specific policies and documentation The Times of India+9mint+9Wikipedia+9. Others, including Rohingya, Chin (Myanmar), Afghan and minor groups, must rely on UNHCR’s RSD process. UNHCR India works in collaboration with government bodies across 11 states, registering refugees (approx. 236,768 by end‑2024) and offering limited protection and assistance UNHCR+2UNHCR+2UNHCR+2. Registration enables limited access to services and acts as a safeguard against arbitrary detention—but refugee status is not officially recognized under Indian law.
Vulnerable Groups & Protection Gaps
Rohingya Refugees
Estimates suggest around 40,000 Rohingyas reside in India, of whom roughly 22,500 are UNHCR-registered AP News. Their situation is precarious: they face harassment, arbitrary detention, and multiple deportations—first to Myanmar or Bangladesh—often without due process. In Mohammad Salimullah’s case, the Supreme Court upheld deportations, reinforcing the legal position that Rohingyas have no right to reside in India Stimson Center+13Wikipedia+13Hindustan Times+13. In May 2025, dozens of Rohingyas were reportedly dropped into the sea near Myanmar by Indian authorities, triggering UN condemnation as a violation of non‑refoulement AP News.
Rohingya children also face exclusion from local schools—Delhi High Court refused to allow their enrollment, pushing petitioners to seek executive relief instead The Guardian.
Chin/Burmese and Afghan Refugees
Chin refugees from Myanmar in Delhi number between 3,000–4,000, with estimates rising monthly. They remain unrecognized and vulnerable to deportation or harassment Wikipedia. Similarly, Afghan refugees—especially non-Muslim minorities—receive discretionary long‑term visas and access to services, with varying integration levels in cities like Delhi Wikipedia.
Hindu Refugees from Bangladesh (1971)
Bengali-speaking Hindu refugees who fled Bangladesh between 1971 and 2014 are eligible under the Citizenship Amendment Act (CAA 2019)—yet many lack necessary documents and are vulnerable to crackdown and social suspicion in states like Maharashtra and Chhattisgarh The Times of India.
Implications & Protection Challenges
The current system breeds strategic ambiguity—allowing the state to act arbitrarily without legal obligation, based on political expediency rather than humanitarian principle Stimson Center. Refugees face inconsistent treatment across states, limited access to education, healthcare, housing, livelihoods, and enduring risk of detention or deportation. Court rulings have expanded limited protections under constitutional law, but enforcement is uneven and unstandardized.
Recommendations: Toward a Rights‑Based Refugee Law
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Enact a Dedicated Refugee Law
India needs clear legislation defining refugee rights, status determination procedures, access to services, and protection against arbitrary deportation—moving from ad‑hoc to rights-driven governance Stimson Center+6The Diplomat+6mint+6. -
Integrate Non‑refoulement into Domestic Law
Though not a signatory to UN conventions, India is bound by constitutional principles—these should be codified to ensure no forcibly displaced person is returned to danger mint+7The Law Institute+7Hindustan Times+7Scroll.in+1The Diplomat+1. -
Standardize Refugee Status Determination (RSD)
Create a formal national RSD mechanism in coordination with UNHCR, enabling uniform processing across regions and legal recognition for registered refugees. -
Provide Access to Basic Rights (education, healthcare, employment) to refugees, especially children, regardless of legal status—enshrined in law rather than discretionary schemes.
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Safeguard Vulnerable Groups
Ensure protections for undocumented refugees, including elderly Rohingyas, Bengali refugees lacking documentation, and stateless minorities—preventing wrongful detention or social targeting. -
Transparency & Civil Society Engagement
Establish clear data protocols, grievance mechanisms, and pathways for NGOs to participate in refugee rights enforcement and advocacy.
Conclusion
India’s refugee policy remains fragmented, ambiguous, and largely discretionary, shaped by immigration law rather than humanitarian obligation. While it hosts nearly 240,000 registered refugees, most vulnerable groups including Rohingyas and Bod-Chin communities lack legal status and face routine violations of rights. Although judicial precedents have extended constitutional safeguards under Articles 14 and 21, the absence of robust legislation means refugees remain vulnerable to expulsion, detention, and statelessness.
A dedicated refugee law—grounded in universal protection principles, non-refoulement, clear RSD procedure, and access to basic rights—is urgently needed. Such legislation would harmonize India’s moral tradition of refuge with constitutional norms and international human rights obligations. A rights-based statute would ensure that refugees are treated not as faceless foreigners, but as protected individuals deserving dignity, safety, and a chance to thrive in India.