CAA is flawed. Devise a new refugee policy, se up a national panel
Recent developments in Afghanistan, with the withdrawal of American troops and rise of the Taliban, have led to a grave humanitarian crisis. This has serious implications for India. True to its ancient maxim of Vasudhaiva Kutumbakam (the world is one family), India’s soil has historically been a home away from home for persecuted minorities. But India does not have a singular policy for dealing with refugees and crises of this nature.
The June 2021 factsheet of the United Nations Human Rights Committee (UNHCR) states that 2,08,065 refugees reside in Indian territory. Of these, 95,829 Sri Lankan refugees and 73,404 Tibetan refugees are registered and assisted by the Government of India.
Meanwhile, refugees and asylum-seekers from Myanmar (22,459), Afghanistan (15,217) and other areas (3,639) are registered with UNHCR India. The agency plays a significant part in verification, registration and resettlement of refugees in India.
The Citizenship Amendment Act of 2019 is the closest that India has come to enacting a policy on refugees and illegal immigrants. But the Act is highly inadequate for refugees and is severely flawed. It neither offers a definition for who is a refugee nor applies universally to refugees from all countries. In addition to being discriminatory on the basis of religion and country of origin, CAA also has a cut-off date of December 31, 2014. It offers no guidelines on how to deal with future refugee or immigration issues. The Act is also in clear violation of the right to equality and the right against discrimination, enshrined in articles 14 and 15 of the Indian Constitution.
Meanwhile, India is not party to international best practices either. It is not a signatory to the 1951 UN Refugee Convention or its 1967 protocol. Even though there are no official explanations as to why India has not signed the Convention, the country’s porous borders and resultant security concerns are cited as a major reason. There is also the conventional logic that India’s reputation of being open towards refugees negates the need for signing any formal international agreement.
If existing international refugee laws do try, it is necessary that we draft a refugee icy inspired by the best practices include those laws. As a first step towards draf India’s refugee policy, I recommend tha Union government set up a national com sion for refugees at the earliest. This com sion should draft an inclusive policy on r gees with respect for the rule of law. It sh grant refugees legal protection should be based on the principl non-refoulement and non-discr nation. The policy should account for physical protection as secure accommodation access to food and sanitation, ensure that family unity among gees is prioritised. Provisions durable solutions for refugees s as voluntary repatriation, local gration, or resettlement in a third cou must be incorporated into the policy.
The people of Afghanistan have histori enjoyed a good relationship with India. eral Afghan students are enrolled in univ ties here. At a time of crisis, they mus treated with dignity. They shouldn’t hav wait at the mercy of an ad hoc policy that criminates on the basis of religion. The ernment of India should come up with a gee law that supports the people of Afgh stan and promotes India’s reputation champion of human rights. A policy addresses Indian concerns and, at the s time, offers respite to refugees is, wit doubt, the need of the hour.