Migrants, Refugees and the Stateless in India
here nor there,’ says an inhabitant of the Gummidipoondi refugee
camp near Chennai.36
India has also not ratified the 1954 and 1961 Conventions on
Statelessness, meaning there is no legal recognition of statelessness
persons—a prerequisite to access many rights. These deprive
vulnerable groups such as Chakmas and Hajongs, and Kashmiri
returnees, from the protection they need. There is also no official
commitment to reduce statelessness.
Despite the absence of dedicated refugee laws, there are many
instances when courts in India have ruled in favour of asylumseekers on humanitarian grounds. The Supreme Court (SC) has,
in several instances, applied Articles 14 and 2137 to migrants and
refugees living in India as well as conferred basic human rights on
them as defined by the UN.38 But the courts’ interventionist stance
on refugees and asylum-seekers has been selective. For instance,
the Supreme Court refused to intervene against the deportation
of Rohingya refugees back to Myanmar in 2018, in violation of the
principle of non-refoulement, as will be discussed later.39
There also exist many hurdles for these groups to claim citizenship
in India. A 1986 amendment to the Citizenship Act, 1955 changed the
basis of citizenship from jus soli (by virtue of birth) to jus sanguinis
(by virtue of descent). Hence, citizenship has become conditional on
the parents being Indian nationals as birth in India no longer suffices.
This weakens safeguards for refugees and against statelessness.
Another amendment, in 2003, while reducing the qualifying period
for naturalisation from 14 years to nine, made citizenship ineligible
36 Piyumi Fonseka. ‘Desperate Lives inside Refugee Camps’, Daily Mirror,
May 2, 2017, http://www.dailymirror.lk/article/Desperate-lives-inside-refugeecamps-128128.html.
37 Articles 14 and 21 of the Indian Constitution provide for equality before
law, and the protection of life and liberty.
38 Some pieces of evidence of High Courts (HCs) upholding the basic human
rights of refugees include: Gurunathan and Others vs GoI and Others and A.C.
Mohd. Siddique vs GoI and Others; Nedumaran vs Government of Tamil Nadu, both
on Sri Lankan refugees. Syed Ata Mohammadi vs Union of India, the Bombay HC,
on Iranian refugees. See: Ghosh, Migrants, Refugees and the Stateless in South
Asia, 243.
39 Krishnadas Rajagopal, ‘SC Throws out Plea to Restrain Govt from
Deporting 7 Rohingya to Myanmar,’ The Hindu, October 4, 2018, https://www.
thehindu.com/news/national/sc-allows-deportation-of-seven-rohingya-fromassam-to-myanmar/article25119615.ece.
53
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents