National Refugee Law in India: Benefits and Roadblocks

India’s status as a preferred refugee haven is confirmed by the steady flow of refugees from many of its subcontinental neighbours as also from elsewhere. India continues to receive them despite its own over-a-billion population with at least six hundred million living in poverty with limited access to basic amenities. However, the Indian legal framework has no uniform law to deal with its huge refugee population, and has not made any progress towards evolving one either; until then, it chooses to treat incoming refugees based on their national origin and political considerations, questioning the uniformity of rights and privileges granted to refugee communities. To define the word ‘refugee’ in Indian legal terms is theoretically not possible since neither the Foreigner’s Act (1946) nor its amendments or additions, contains or defines the term. However, this study shall consider the definition propounded by a commission chaired by Justice P N Bhagwati in 1997, whose task was to construct a uniform national law on refugees.