Women Refugees

It should be taken into consideration that if no grave breach of law has been done then the
accused women refugee may be released on bail pending trail. In the Marui case, an Iraqi woman
was released on bail while her husband was kept in detention for long after she was released. It is
the duty of the UNHCR and local NGOs to provide the women refugees with psychological
support in case they find themselves in a problematic situation due to suddenly being isolated in
a foreign country.

Child Refugee

Refugee children face many problems and deserve to be treated with utmost care and caution by
the authorities concerned. Usually, access is provided to detained mothers to meet their children
and tend to their needs. There are, however, cases of sufficiently grown up refugee children who
may be between the ages of 15 and 18 years of age and who may be detained for non possession
of valid travel documents. Such a problem mostly arises due to the fact that children are not
granted separate residential permits but are included in their parent’s permits. In cases involving
children who do not possess separate residential permits, the UNHCR may be in a position to
help sort out the problem, particularly because in cases where refugee children are separated
from their families, UNHCR makes all possible attempts to reunite them. Therefore, it will be
advantageous if the security agency concerned seeks the help and assistance of the UNHCR in
such matters.

To be able to understand the complexities of forming laws pertaining to refugees in India it is

important to understand the scenario of refugees.
India has been home to several thousand refugees since a very long time, from Zorastrians
finding refuge when they were subjected to persecution in Iran to as recent as now. A thing
which needs to be given special attention is that there has not been any case of refugees
originating from India except the movement of people across the border during the partition.
India hosts refugees not only from neighbouring countries but also from Afghanistan, Iran, Iraq,
Somalia, Sudan and Uganda.
The Indian government, however, has signed neither the Refugee Convention nor its Protocol;
Indian law does not offer any special language or provisions for refugees, despite the large
number of them seeking India’s protection. Under Indian law, the term “foreigner” is the only
reference to aliens of any kind; this places refugees, immigrants, tourists etc. in the same broad
category. The Indian government dispenses the assistance available to refugees in a
discriminatory and inequitable fashion.

In India, because there are no specific laws for the Refugees, the matter for them are dealt on
case to case basis. UNHCR cooperates with the Government, as well as with NGOs and other
stakeholders, to protect and assist urban refugees. It also helps to seek comprehensive solutions
for internally displaced people (IDPs) and protracted refugee situations.
India grants asylum and provides direct assistance to some 200,000 refugees from neighbouring
countries. As the country lacks a national legal framework for asylum, UNHCR conducts
registration and refugee status determination (RSD).More than 24,000 refugees and asylum-
seekers of diverse origins are protected and assisted by the Office in India.
While a large majority of those registered by UNHCR in India live in Delhi, an increasing
number are settling outside the capital. The Government of India allows UNHCR mandate
refugees to apply for long- term visas and work permits. Refugees and asylum-seekers have
access to basic government services such as health care and education. In addition, they have
access to the law-enforcement and justice systems. UNHCR and its partners work to facilitate
this by providing information and interpretation services.
Foreigners’ Act 1946
Since there are not any laws to protect and safeguard refugees and asylum seekers India relies on
the Foreigners’ Act 1946 to govern the entry, stay and exit of the refugees. Such legislation
comes under the union list and therefore central government is empowered to govern the
refugees.1
Section 2(a) of this act defines a foreigner as a ‘person who is not a citizen of India.” Therefore
all refugees come under the category of foreigner. Sec 3 empowers the Central Government to
issue orders to control foreigners in their activities, movement and issue of identity proof and

1
Legal condition of refugee in India, Boris Pal, http://borispaul.wordpress.com/2010/09/11/legal-conditions-
ofrefugees-
in-india/
regular appearance before police. Section 5 prevents foreigner to change their name while in
India. Section7 obliges the hotel keepers to maintain records of the stay of foreigners. 2
Foreigners Act 1946 has given wide power to executive to remove foreigners from India4. It is in
addition to the power to refuse entry of foreigners for non fulfilment of entry conditions that
invites instant deportation. However many amendments have been brought about in this law after
requests from the National Human Rights Commission and are now the current law for refugees
and asylum seekers.
The Registration of Foreigner’s Act 1939, Foreigner’s Order 1948 and Foreigner’s Act 1946 are
the legislations dealing with the treatment of Foreigners in India.3

Provisions In The Constitution of India.

i. Article 14 gives the refugees and asylum seekers equality before law and equal protection of
law. They are also protected against article 20, 22, 25, 28 and 32 since these rights are
applicable to both citizens and non citizens.

ii. Article 22 deals with the right against detention.

iii. Article 25-32 gives the right to profess and propagate any religion.

iv. Article 21 gives the right of protection of life and personal liberty.

2
Sec 3(2(c)) of Foreigners Act 1946
3
Bhairav Acharya, ‘The law, policy and practice of refugee protection in India’, available at on
www.ssrn.com