Introduction Of all the groups, only the Tibetans seem to have relatively good access to rights and services. The Tibetan government-inexile is based in Dharamshala and the Indian government has been friendly to the cause of Tibet. Hence, the needs of the community in healthcare, education, culture, and religion have been met. The Indian Government’s recently formalised Tibetan Rehabilitation Policy has promised to allow the Tibetans to undertake any economic activity and pursue jobs in any field in which they are proficient, yet it has failed to result in any tangible change so far. Since India has neither signed the 1951 UN Convention on Refugees nor devised its own domestic refugee law, refugees and forced migrants are treated on par with other foreigners, governed by the outdated Foreigners Act 1946. Some fundamental rights guaranteed by the Indian Constitution that are denied to foreigners are also denied to refugees and asylum-seekers. Likewise, 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. However, there have been cases where the judiciary has recognised the rights of refugees and protected refugees to a certain extent. The BJP government has slowly turned this humanitarian issue into a religious one. In 2015, the BJP government decreed through executive order on ‘humanitarian considerations’, to allow Afghan, Bangladeshi and Pakistani nationals belonging to non-Muslim minority communities (specifically Hindu, Sikh, Jain, Buddhist, Parsi and Christian) to stay on in India even without proper documentation, though this meant difficulties in getting jobs and so on. This consideration was not extended to persecuted Muslim communities. Furthermore, India has also been disenfranchising some of its own citizens arbitrarily, making them foreigners in their own land, incarcerating them in detention centres, and putting them at risk of statelessness. The National Register of Citizens (NRC) drawn up in Assam, which the current regime now wants to scale up nationally, with ‘illegal immigrants’, a dog-whistle term in public discourse used in India for Muslims, as the stated target. Its implementation, however, has cut across religious, ethnic and linguistic divisions, affecting the poor and the vulnerable most, xxxix

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