Refugees and infiltrators: On different yardsticks for India’s refugee community 

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Union Home Minister Amit Shah has rightly stressed the request to marque a favoritism betwixt refugees and infiltrators. Though valid, the occupation lies successful the exertion of nonsubjective parameters by those successful powerfulness to marque a distinction. Even wherever due argumentation and a ineligible model exist, issues whitethorn arise. Also astatine play is the level of authoritative understanding. In India, which is not a signatory to the 1951 UN Convention connected the Status of Refugees and the 1967 Protocol, determination is nary broad azygous instrumentality defining who a exile is, leaving scope for arbitrary action. Till the extremity of March 2025, isolated from the Citizenship Act 1955 and the Passports Act 1967, 3 laws (the Foreigners Act, 1946, the Registration of Foreigners Act, 1939 and the Passport (Entry into India) Act, 1920) were applied to woody with overseas nationals, including refuge seekers. From April, the Immigration and Foreigners Act replaced the 3 pre-Independence laws and subsumed the Immigration (Carriers’ Liability) Act, 2000. While this streamlined the ineligible framework, the lack of a exile argumentation papers has besides led to antithetic yardsticks for the exile assemblage successful India. While determination was a rehabilitation argumentation successful 2014 for astir 63,000 Tibetan refugees, determination is nary specified papers for the astir 90,000 Sri Lankan Tamils. At the extremity of June 2023, the colonisation of refugees oregon persons of interest successful India was implicit 2.11 lakh (also counting those from Myanmar, Afghanistan, Bangladesh, Africa and West Asia). Any undocumented oregon overstaying exile is regarded arsenic an amerciable migrant (Citizenship Act). He tin besides beryllium called an infiltrator. Thus, genuine and harmless refugees hazard facing harassment.

Even though the Citizenship (Amendment) Act, 2019 was aimed astatine providing citizenship to six spiritual minorities belonging to Bangladesh, Pakistan and Afghanistan, it drew crisp disapproval arsenic it discriminated connected the lines of religion and near retired sections of Muslims, and besides Sri Lankan Tamils and the Rohingya, some minorities successful their countries. But successful a notification past month, undocumented oregon overstaying Tamil refugees, who person registered themselves with the authorities, were granted exemption from penal provisions of the Immigration and Foreigners Act, provided they took structure successful India connected oregon earlier January 9, 2015. Other groups excessively person been covered. Still, determination is nary alteration erstwhile it comes to the caller inclination of religion-based exclusions. There is thing fundamentally incorrect with the attack of discreet humanitarian alleviation to refugees successful wide but this has to beryllium backed by consistent, rational and just attraction for all.

Published - October 16, 2025 12:20 americium IST

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