Skip to main content

Refugee Law in India

This documentation provides an overview of refugee law in India, focusing on the principles outlined in the UN Convention Relating to the Status of Refugees and its Protocol, as well as relevant Indian legislation and case law.

Introduction​

Refugee law in India is governed primarily by the following legal instruments:

  • The United Nations Convention Relating to the Status of Refugees (1951)
  • The United Nations Protocol Relating to the Status of Refugees (1967)
  • The Citizenship Act, 1955
  • The Foreigners Act, 1946
  • The Passport (Entry into India) Act, 1920

Key Principles of Refugee Law​

Non-Refoulement​

The principle of non-refoulement is fundamental to refugee law. It prohibits states from returning refugees to countries where they would face persecution or serious harm.

Legal Section: Article 33(1) of the UN Convention on Refugees

Illustration: In the case of Narasimhan v. Union of India (1988), the Supreme Court of India upheld the principle of non-refoulement, ruling that a person who had fled Sri Lanka could not be deported back due to the risk of persecution.

Stateless Persons​

Article 1A of the UN Convention defines a refugee as someone who is outside their country of nationality and is unable to obtain citizenship of another country due to fear of persecution.

Legal Section: Section 2(c) of the Citizenship Act, 1955

Illustration: In Rajoo Singh v. State of Punjab (1979), the Supreme Court of India recognized the rights of stateless persons under the UN Convention, allowing them to apply for refugee status.

Indian Legislation Regarding Refugees​

The Citizenship Act, 1955​

This act provides for the acquisition and termination of Indian citizenship.

Legal Section: Section 2(c) of the Citizenship Act, 1955

Illustration: In Maneka Gandhi v. Union of India (1978), the Supreme Court of India interpreted the Citizenship Act to include the right to travel abroad, which has implications for refugees seeking international protection.

The Foreigners Act, 1946​

This act regulates the entry, stay, and departure of foreigners in India.

Legal Section: Section 14 of the Foreigners Act, 1946

Illustration: In Kishore Singh v. Union of India (2006), the Supreme Court of India ruled that refugees have the right to work in India, even without legal documents, under the principles of the UN Convention.

Case Laws​

Kishore Singh v. Union of India (2006)​

In this landmark case, the Supreme Court of India held that refugees have the right to work in India, even without legal documents, under the principles of the UN Convention.

Legal Section: Section 14 of the Foreigners Act, 1946

Maneka Gandhi v. Union of India (1978)​

This case established that the right to travel abroad is included in the concept of citizenship, which has implications for refugees seeking international protection.

Legal Section: Section 9 of the Citizenship Act, 1955

Narasimhan v. Union of India (1988)​

This case upheld the principle of non-refoulement, preventing the deportation of a person fleeing Sri Lanka due to the risk of persecution.

Legal Section: Article 33(1) of the UN Convention on Refugees

Conclusion​

Refugee law in India continues to evolve, balancing international obligations with domestic concerns. As students of law and LLB graduates, it is crucial to understand these principles and their practical applications in the Indian legal system.

For further reading and research, please refer to the following sources:

  • UNHCR India
  • Ministry of Home Affairs, Government of India
  • National Human Rights Commission of India