Dinesh Kamath's Editorial (Refugees need justice) that was published in Newsband

Refugees need justice

Refugees are those who are forced to flee their countries and unable to return for fear of persecution. Migrants are those who leave in the hope of a better life. Refugees are victims of challenging social circumstances such as civil war, violence and discrimination over which they have no control. People coming into Assam from Bangladesh are migrants by choice whereas the persecuted minorities coming into India from Pakistan, etc are genuine refugees. There should be a proper recognition of their condition and they should be provided support by people and the Government. Also the Government must raise the issue in a proper manner in bilateral and international forums.

It is sad that India does not have a specific statute dealing with refugees. As a result, refugees are covered by the omnibus Foreigners Act 1946, an archaic piece of legislation. A 2004 amendment introduced by the erstwhile National Democratic Alliance government of Atal Bihari Vajpayee prescribes stiff imprisonment for any foreigner who enters without valid papers or who overstays his or her visa. As a result, the very Hindu refugees from Pakistan are liable under the law to arrest and eventual deportation.

Security considerations, heightened by the presence of extremist groups in some neighbouring countries, are often cited to argue against the desirability of a refugee law. All laws relating to refugees involve a thorough scrutiny of the evidence provided by the asylum seeker.

But since there is no refugee law in India, there is no process and no clear standards for the lakhs of de facto refugees whose presence the Indian state tolerates but whose status it will not formalise.

Given its pre-eminence in South Asia, and the fact that it shelters a large refugee population, India should show the way by enacting a refugee law that is humanitarian, equitable and consistent with its international obligations.

There are scholars who argue that India is a country wherein any one from Pakistan, Bangladesh and Sri Lanka can take refuse, with or without valid entry papers and live peacefully. According to them, we have just allowed it that way not just because of our generosity but also on account of helplessness as our borders with our neighbouring countries are quite porous. But even if we continue with our policy of allowing entry in our territory, the least we can do, is to have in place a modern legislation to protect national interests as also in recognition of humanitarian aspects connected with political refugees.