Author(s): Charumathi T , A.Fennin Princiya & Parasuram D
Paper Details: Volume 2, Issue 2
Citation: IJLSSS 2(2) 40
Page No: 438 – 453
ABSTRACT
“[1]These quotations emphasize the fortitude needed to triumph against hardship, reflecting the fortitude displayed by refugees and the countries that harbor them. India has seen a constant stream of refugees since its division in 1947. Because of its long history of hospitality, India has demonstrated a constant commitment to supporting refugees, even in the face of not being a party to either the 1951 Convention or the 1967 Protocol. This essay explores the rights of refugees in India, emphasizing the lack of a thorough legal system in spite of the nation’s long history of offering protection.
It assesses the functions of the constitutional safeguards, India’s approach in comparison to international norms, and examines the functions of the judiciary and UNHCR and examines both past and present refugee flows. The research makes recommendations based on comparisons with well-established democracies and promotes the creation of a comprehensive legislative framework for refugee protection in India. Additionally, it talks about how asylum laws might evolve, highlighting the necessity of striking a balance between national security and international humanitarian obligations.
Keywords: Refugees, Legal framework, asylum, Humanitarian obligation, Comparative analysis
INTRODUCTION
One of the main issues facing the globe now is the human rights of refugees. Article 1 of the United Nations Convention on the Status of Refugees defines refugees as people who are “outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.” India is home to one of the world’s greatest populations of refugees. Even though India provides assistance to a wide range of refugees, including Syrians, Afghans, Palestinians, Persians, Ethiopians, Christians, and others, the nation lacks national laws and policies specifically for the refugees. India continues to grant asylum to refugees from its neighboring nations despite not being a signatory to either the 1951 Refugee Convention or its 1967 Protocol, nor does it have a national framework for refugee protection. If the Indian government does not safeguard the status, asylum applicants can obtain it from UNHCR. The Universal Declaration of Human Rights (UDHR) states that states have an obligation to uphold the intrinsic value and dignity of all people, including those who are seeking asylum or are refugees. Additionally, by preventing them from being sent back to nations where they may face persecution, the non-refoulement principle guarantees that the lives of asylum seekers are not endangered.
Due to the customary nature of these rights, even states that have not ratified the conventions are nonetheless required to uphold the basic rights of refugees. The body of refugee law has developed throughout time, encompassing not just the rights of political refugees as defined by the 1951 Convention but also those of refugees compelled to flee due to other circumstances, such as economic hardship. This is because the 1948 Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social, and Cultural Rights (ICESC) established binding conventions that safeguarded economic, social, and cultural rights as elements of human rights.
At first, the ICESC was not regarded as binding; instead, the requirement to implement the provision was based on the States’ ability. Nonetheless, in addition to civil and political rights, the understanding of human rights frequently incorporates economic, social, and cultural rights. States cannot deny equal rights to any group today on the grounds of social or economic limitations imposed by the State. India has adopted a lax approach to providing refugees and asylum seekers with humanitarian protection. It is the home of several groups of people who have settled here. However, India’s precarious position in South Asian affairs and the threat of terrorism it faces are to blame for the lack of legislation specifically about refugees. India has taken care of the requirements of refugees who have abandoned their home country and entered its territory, even in the lack of a formal statute.
THE EVOLUTION OF REFUGEES RIGHTS
In 1685 More than 400,000 French Protestants fled to England after the Edict of Nantes was revoked, depriving Protestant Huguenots of their civil rights and freedom of religion in France. The word “refugee” originates from the collective term “réfugiés,” which was used to refer to these Huguenots. At first, the term “refugee” only applied to people running from persecution in search of safety. The idea of requesting safety or asylum is not new; in the past, after uprisings or invasions, monarchs have done so in other countries. Although the act of applying for and receiving asylum has a long history, the formal laws that control it were created in the 20th century and are seen to have originated from a mostly European political culture. The Institute for Global Legal Studies’ launch highlights the crucial development of international refugee protection. At first, especially in postwar Europe where they benefited from strategic Cold War alliances and helped fill labor shortages, migrants were accepted as noncitizens. However, due to reasons including shifting patterns of displacement, the expense of hosting refugees, and the blurring of borders between refugees and migrants, modern opinions have changed, making the UNHCR’s work more difficult. Global refugee protection has come a long way since the League of Nations and Dr. Fridtjof Nansen’s efforts in 1921. Built upon the 1951 Convention Relating to the Status of Refugees, the UNHCR was founded in 1951. This Convention established a worldwide definition of refugees and the concept of nonrefoulement, so establishing a standard for transnational collaboration and state legal obligations.
The breadth of refugee protection expanded in the 1960s and 1970s in response to the realities of mass migration and decolonization, particularly with the 1967 Protocol and the 1969 OAU Convention. Significant international solidarity and repatriation efforts also took place during this time, as demonstrated by the Comprehensive Plan of Action for Indo-Chinese refugees in 1979. The emergence of internal disputes and violations of human rights that resulted in large-scale displacement during the 1980s and 1990s presented further difficulties. Due to socioeconomic constraints and security concerns, these decades also saw a revision of asylum policy and an increase in restrictions. The protection framework was under pressure due to an increase in rigorous asylum procedures and increased antagonism against refugees in host countries.
As we celebrate the 50th anniversary of the 1951 Convention, refugee protection is at a turning point. The UNHCR-initiated Global Consultations seek to address current gaps and issues in the Convention’s principles, while also reaffirming and strengthening them. The objective of this procedure is to preserve the dynamic and proactive character of refugee protection, guaranteeing that it continues to be adaptable to the requirements of those in need as well as the justifiable worries of nations.
HISTORY OF REFUGEES IN INDIA
Prior to Independence, India was among the few nations that have faced the refugee crisis in the previous fifty years. India’s history is reflected in the country’s vast migration of people from other nations. “The Hindukush Mountains in the West and the Patkoi range in the East” were the two routes by which these migrations had occurred.
India’s first 25 years after independence were devoted to taking in and caring for 20 million refugees. This resulted from Pakistan’s and India’s separation. As a result, India was faced with a challenge: helping the West Pakistani displaced people. “In the first phase, 160 relief camps were set up, with an approximate cost of Rs. 60 crores spent overall.” The Indian government took a number of actions to address the refugee issue. The Rehabilitation Financial Administration Act of 1948 was the most significant government action.
A sizable number of people were uprooted from Pakistan and India, and the issue was very similar to that of refugees. Another incident occurred in 1959 when the Dalai Lama and his supporters applied for political asylum in India after being accepted as refugees. A large number of refugees left East Pakistan in 1971 and traveled to India. India received refugee arrivals from Bangladesh in 1986 and Sri Lanka in 1983. By 1992’s conclusion, India had taken in 2,000,000 migrants and 237,000 internally displaced people. India has always had some number of refugees enter the country over the course of its history.
Since almost the entire Zoroastrian population migrated to India to escape the persecution, they were later subjected to in Iran owing to their religious views, India has periodically continued to accept a substantial number of refugees from many countries, not just the surrounding countries. Apart from the cross-border migration of people during the 1947 national partition, this is the most significant fact that needs to be mentioned. It has, nevertheless, always been a welcoming country, so enhancing the diversity of its ethnic and cultural makeup.
Adhering to its secular policy, India has provided asylum to individuals of all religious backgrounds and sects. It is important to note that since gaining its independence, India has taken in refugees from far-off nations like Afghanistan, Iran, Iraq, Somalia, Sudan, and Uganda in addition to some of its neighbors.
CONSTITUTIONAL SAFEGUARD AND THE PROTECTION OF REFUGEES IN INDIA
Constitutional safeguards in India are designed to protect the rights and freedoms of its citizens and to ensure the proper functioning of the democratic framework. Here are some key constitutional safeguards are Fundamental Rights, Directive principles of state policy, Fundamental duties, independent judiciary, Election commission, Comptroller and auditor general (CAG), Emergency provisions, Reservation policies, and Special provisions for certain states and ensure that India remains a democratic, secular, and socialist republic, where justice, liberty, equality, and fraternity are upheld.
RIGHT TO LIFE AND PERSONAL LIBERTY (ARTICLE 21)
The Supreme Court of India has interpreted the right to life and personal liberty to apply to all persons, including refugees and asylum seekers. This means that refugees are entitled to the protection of their life and personal liberty under Article 21 of the Indian Constitution.
EQUALITY BEFORE LAW (ARTICLE 14)
Article 14 ensures that everyone inside India’s borders has equal protection under the law and equality before it. Ensuring that refugees are not subjected to discrimination on the basis of their nationality, race, or religion is part of this.
PROTECTION IN RESPECT OF CONVICTION FOR OFFENSES (ARTICLE 20)
This article protects individuals, including refugees, from retrospective criminal legislation and double jeopardy, and ensures the right against self-incrimination.
PROTECTION AGAINST ARREST AND DETENTION WITHOUT JURISDICTION (ARTICLE 22)
This article offers protection against arrest and detention without jurisdiction. It gives people the right to know why they are being detained as well as the freedom to speak with and be defended by any attorney of their choosing.
DOMESTIC LAWS IN INDIA
There is no explicit legislation in India that addresses the issue of refugees and asylum seekers. Currently, refugees are regarded on an equal basis with foreign nationals and are subject to all regulations that apply to non-citizens. In accordance with certain domestic rules pertaining to foreigners and illegal migrants, the Indian judiciary decides the legal status of refugees and asylum seekers. A few of those are:
i. Passport (Entry into India) Act, 1920
ii. Passport Act, 1967
iii. Registration of Foreigners Act, 1939
iv. Foreigners Act, 1946
v. Foreigners Order, 1948
1. INDIAN PASSPORT (ENTRY) ACT, 1920
The Passport (Entry into India) Rules, 1950, regulate entry and exit to India, requiring a valid passport for visitors. The Central government has the authority to create regulations, but it is illegal for anyone without a passport to enter India. However, refugees are exempt from this regulation due to the “non-refoulement” principle, as covered by Article 21 of the Constitution. This means individuals cannot be denied entry or sent back to their home country without necessary travel documents.
2. PASSPORT ACT, 1967[2]
The Indian Passport Act governs the issuance of passports and travel documents to Indian citizens and non-citizens, including the process of leaving the country. It outlines various passport types and procedures for arresting fraudulent applicants. Article 20 allows the Central government to grant passports to non-Indians, including refugees and asylum seekers, if it serves the public interest, facilitating their easy overseas travel.
3. REGISTRATION OF FOREIGNERS ACT, 1939
The act allows foreigners to register in India, allowing the Central government to regulate their arrival, presence, movements, departure, and identification verification. It also mandates frequent reporting of interactions with foreigners. Section 4 transfers the burden of proof to the designated authorities, particularly for refugees and asylum seekers, who face additional difficulties due to the burden of proof and document requirements.
4. FOREIGNERS ACT, 1946
The Central government has increased authority over foreign nationals, allowing them to impose limitations and issue directives for specific categories or subsets. Authorities have unrestricted power to enforce compliance and arrest non-compliant parties. The legislation grants authorities the right to expel, implement orders to expel, and use force if necessary. This has sometimes resulted in harsh penalties or prolonged incarceration for refugees and asylum seekers. The Court affirmed these clauses.
5. FOREIGNERS ORDER, 1948
The Central Government issued this directive by utilizing the authority granted by Section 3 of the Foreigners Act of 1946. It lays out the requirements for approving or rejecting entrance into India. In cases when this applies to refugees, they may be considered undocumented immigrants and held in detention centers. Since their circumstances were different, authorities should take compassion into account.
REFUGEES-RELATED PROPOSED LEGISLATION
A few members of Parliament filed private member’s bills in an attempt to enact a national refugee law. The Asylum Bill, 2015 [3]by Shashi Tharoor, the National Asylum Bill, 2015 by Varun Gandhi, and the Protection of Refugees and Asylum Seekers Bill, 2015 by Rabindra K. Jena are some of these bills.
The main objective of the National Asylum Bill, 2015, is to follow the 1951 Convention’s definition of refugee and create regulations guiding the process of obtaining citizenship for refugees and asylum seekers. Considering the issue of significant population increase, provisions include the creation of a Refugee Committee and a Refugee Registrar to register refugees upon their arrival. A significant clause grants Indian citizenship to refugees who have lived in the country for five years or more, as well as to their children born in India. This law aims to provide a comprehensive legal and administrative framework to address citizenship status for refugees who have been working for a long time to become citizens of India. The Protection of Asylum Seekers and Refugees Bill of 2015 makes use of a definition of “refugee” that is consistent with the 2015 Asylum Bill, but suggests an alternative administrative structure.
It offers a thorough procedure for determining a person’s eligibility for refugee status, guarantees assistance during asylum interviews, and offers the choice of voluntary repatriation. With the passage of the Citizenship (Amendment) Bill, 2016, undocumented immigrants from Afghanistan, Pakistan, or Bangladesh who identify as Buddhist, Jain, Parsi, Christian, Sikh, or Hindu would have the chance to apply for naturalization. It reduces the residence requirement for these groups from 11 years to six years, acknowledging religious persecution as a condition for citizenship. The discriminatory aspect of this bill, especially targeting Muslim communities like the Ahmadiyya from Pakistan, the Rohingya from Myanmar, and the Tamil Muslims from Sri Lanka, has drawn condemnation.
Opponents contend that by eliminating some religious groups preferentially, it transgresses the secular values outlined in the Indian Constitution. The misuse of the term “migrants” in this bill is a result of a narrow interpretation of its goal, which is to provide protection to individuals who are facing religious persecution in order to protect their basic human rights. It is best to refer to the incorrect phrase as “refugees.” With no discernible distinction in the granting of Indian citizenship under this legislation to intentionally exclude specific religious communities, the current statute displays discriminatory behaviors towards numerous refugee communities.
THE ROLE OF UNHCR IN SUPPORTING REFUGE PROTECTION IN INDIA
UNHCR in India has successfully conducted RSD for asylum seekers, particularly those from countries like Afghanistan, Myanmar, and Somalia. The issuance of refugee identity cards has provided protection and access to services for thousands of refugees.
COMMUNITY-BASED PROTECTION AND LIVELIHOOD PROGRAMS
UNHCR has implemented community-based protection initiatives in India, focusing on empowering refugees through skills training, vocational programs, and livelihood support. These initiatives have helped refugees become more self-reliant and integrated into local economies.
PARTNERSHIPS WITH LOCAL NGOS
UNHCR has partnered with local NGOs to extend its reach and improve the delivery of services to refugees. These collaborations have enhanced access to legal aid, healthcare, education, and social services for refugees in urban and rural areas.
EDUCATIONAL SUPPORT
UNHCR has supported the education of refugee children in India by facilitating their enrollment in local schools and providing scholarships for higher education.
Programs like the DAFI scholarship have enabled refugee students to pursue university education and vocational training.
LEGAL ADVOCACY AND JUDICIAL INTERVENTIONS
UNHCR has played a role in advocating for the legal rights of refugees in India, contributing to landmark judicial interventions that have upheld the principle of non- refoulement and other protections under Indian law.
AWARENESS AND INTEGRATION EFFORTS
UNHCR’s efforts in raising awareness about refugee issues in India have contributed to greater acceptance and integration of refugees into local communities.
Public campaigns and community engagement activities have helped build solidarity and support for refugees.
THE ROLE OF THE JUDICIARY IN PROTECTING REFUGEE RIGHTS CASE LAWS
Hussainara Khatoon vs. Home Secretary, State of Bihar [4]
This case primarily addressed the rights of prisoners and the issue of speedy trials, it has implications for refugees as well. The Supreme Court’s emphasis on the right to life and personal liberty under Article 21 of the Constitution has been extended to refugees in subsequent judgments.
U. Myat Kayew and Naw Su vs. State of Manipur[5] Citation: Civil Rule No. 516 of 1991
This case involved Burmese refugees who were detained by the Indian authorities. The Gauhati High Court ruled that refugees who have entered India to escape persecution in their home country should not be detained or deported. The court ordered the release of the detained refugees, emphasizing the principle of non-refoulement.
Anzhela Dias vs. Union of India [6]
This case involved a Belarusian refugee who was facing deportation. The Delhi High Court emphasized that the principle of non-refoulement is part of Indian law and that refugees should not be deported if they face a threat to their life or liberty in their home country. The court stayed the deportation order, protecting the refugee from being returned to Belarus.
Mohammed Salimullah and Another vs. Union of India [7]
This case concerned the deportation of Rohingya refugees from India. The Supreme Court initially refused to stop the deportation of Rohingya refugees, stating that it was a matter of national security. However, the court recognized the refugees’ right to file a writ petition and seek legal recourse, acknowledging the application of fundamental rights to all individuals on Indian soil, including refugees.
Lhawsang vs. Union of India [8]
This case involved Tibetan refugees who were seeking Indian citizenship. The Delhi High Court ruled that Tibetan refugees born in India between 1950 and 1987 are entitled to Indian citizenship under the Citizenship Act of 1955. The court directed the authorities to process their citizenship applications, recognizing their long-term residence in India and their contributions to society.
T. A. Ahammed Kabeer vs. State of Kerala [9]Citation: W.P.(C) 2379/2021
The Kerala High Court dealt with the rights of Sri Lankan Tamil refugees in this case. The court emphasized the need for a humanitarian approach and directed the state government to ensure that refugees were provided with adequate facilities, including education and healthcare. The ruling emphasized the state’s obligation to safeguard refugees and provide them with basic human rights.
INTEGRATION CHALLENGES FOR REFUGEES AND ASLYUM SEEKERS
POLITICAL DIMENSIONS
After the partition, ideas of citizenship have taken communal tint and the status of refugees in India is governed by numerous political and administrative choices, which have led to the provision of various types of aid to various refugee groups.
LEGAL DIMENSIONS
In certain HC precedents, refugees can contact the UNHCR to apply for status and live in the country.
SOCIO- ECONOMIC DIMENSIONS
The greatest difficulty Refugees and Asylum seekers face in their new location is the difference between their income and spending. This is another reason why the country has not ratified the 1951 Refugee Convention, as planners are deeply concerned about the financial costs associated with CSR obligations.
PHYSIOLOGICAL DIMENSIONS
Data shows that long-lasting somatic and neurotic problems are common among migrant quarry workers. Also, they have very poor help-seeking behaviours as well as very low awareness of their mental health.
OPPORTUNITIES
Tradition of Refuge: India has a long history of offering shelter, as evidenced by the number of countries from which it has accepted refugees, including Tibet, Sri Lanka, Afghanistan, and Myanmar.
Limited Legal Restrictions: India has lax immigration regulations, which allows for some leeway in accepting refugees, in contrast to many other nations.
Access to Basic Services: Refugees frequently have access to healthcare and education, albeit the degree of that access varies based on their location and legal status.
Economic Opportunities: Although they are not officially recognized, refugees are able to work and support local economies.
Community Networks: Resources and support systems for recent immigrants can be found in established refugee communities.
ISSUES FACED BY REFUGEES AND ASYLUM SEEKERS
Over 46,000 refugees and asylum seekers were registered with UNHCR India as of January 31, 2022. It is anticipated that the number of people living in displacement will increase as a result of poverty, insecurity, conflict, natural disasters, and limited access to essential services. In India, most refugees and asylum seekers coexist with host communities in urban areas. 36% of the refugees are minors, while 46% of the refugees are women and girls.
HEALTH
Due to their diversity, the health needs of refugees and asylum seekers often differ from those of the host communities. A far higher proportion of refugees than the normal population endure depression, PTSD, or schizophrenia as a result of their horrific experiences during wartime and systematic persecution. For those with impairments, the obstacles are considerably more severe. It may be difficult for women and girls to get protection and response services against sexual and gender-based abuse. Children who are refugees or migrants, particularly those who go alone, are more prone to go through traumatic experiences and stressful circumstances like abuse and exploitation. They may also find it difficult to get access to medical treatment. Lack of healthcare facilities and shortages of medications typically make it difficult or impossible for people in humanitarian situations to get health care.
EMPLOYMENT
As non-citizens, refugees and asylum seekers encounter numerous obstacles in obtaining proper work in government health care and education systems. One of the main reasons why refugees have such a vulnerable position in society is that their movements are restricted.
EDUCATION
When it comes to the enrollment of their children in higher education at universities, both the refugees’ and asylum seekers’ lack of documentation and the lack of genuine documents pertaining to their current residency serve as barriers. Within this same group of people, there exists a subset that is protected by the UNHCR, does not need further documentation, and can pursue higher education.
LANGUAGE
Speaking Hindi or English is necessary for daily interactions, employment applications, paperwork, and food purchases. For example, the refugees who are being transferred from Myanmar to Bangladesh do not speak their language. For refugees, this increases the difficulty of daily duties. It is true that learning a new language is not easy, but it is also not impossible. The issue of handling it in addition to getting by each day and looking after your dependents is present.
OTHERS
The terrible situation involving both refugees and asylum seekers has been greatly exacerbated by the latest Covid-19 pandemic. For the vulnerable positions of refugees and asylum seekers, in particular, a global shutdown lasting more than a year has proven to be a game-changer. Since most of them lacked genuine papers attesting to their legal status in the nation, they were afraid that they would be labelled as irregular immigrants. They largely withheld their identities throughout the process, and even when it came to seeking medical attention from official hospitals during the pandemic, they were terrified to do so.
THE NEED FOR COMPREHENSIVE REFUGEE PROTECTION LEGISLATION IN INDIA
India has a long history of providing refuge to people fleeing persecution, conflict, and natural disasters. Despite this humanitarian tradition, the country currently lacks a comprehensive legal framework specifically designed to protect refugees. This absence poses significant challenges for both refugees and the host community.
PROTECTION GAP
India is not a signatory to the 1951 Refugee Convention, leaving a legal vacuum for refugee protection. This results in inconsistent treatment of refugees across states and territories, and vulnerabilities to exploitation and human rights abuses.
HUMANITARIAN CRISIS
India hosts a substantial refugee population, including those from neighboring countries like Afghanistan, Myanmar, and Sri Lanka. Without a clear legal status, these individuals face difficulties accessing basic rights such as education, healthcare, and employment.
INTERNATIONAL OBLIGATIONS
Even without being a signatory to the Refugee Convention, India has obligations under international human rights law to protect refugees. A domestic law would help India fulfill these obligations more effectively.
SECURITY CONCERNS
A clear legal framework can aid in identifying and assisting genuine refugees while preventing the infiltration of individuals with malicious intent.
REGIONAL LEADERSHIP
India, as a regional power, can set an example by enacting comprehensive refugee protection legislation. This could influence other countries in the region to adopt similar measures.
FUTURE OF ASYLUM IN INDIA
The prospective implementation of asylum legislation in India has the capacity to fundamentally alter the nation’s refugee protection framework. It might result in:
Clear Legal Framework: The rights and responsibilities of refugees and the government would be clearly outlined in a statute specifically designed to address asylum. Enhanced Protection: By fortifying security measures, it might stop arbitrary arrests and deportations.
Services Accessible: Refugees may have easier access to jobs, healthcare, and education, among other necessities.
Opportunities for Integration: The law may make it easier for refugees to assimilate into Indian society.
International Recognition: India’s standing as a humanitarian leader could be improved by a well-crafted asylum statute.
Possible Difficulties Implementation: Sufficient funding, knowledgeable staff, and a strong infrastructure are necessary for an efficient implementation. The law must strike a balance between the requirements of refugees, national security, and resource limitations.
Public Perception: For implementation to be successful, it will be imperative to address public opinion against refugees.
Determining Refugee Status: Determining refugee status can be difficult and contentious. Important Points to Keep in Mind for Future Laws
Alignment with International Standards: The legislation ought to follow global guidelines for refugee protection.
All-encompassing Protection: It ought to address all types of persecution, such as displacement caused by climate change and violence against women. Due Process: Equitable processes are necessary for asylum requests.
Durable Solutions: While considering relocation possibilities, the law should encourage integration and self-reliance.
Cooperation with Other Nations: Working together with nearby nations can aid in the efficient management of refugee movements. Ultimately, how the law is written and carried out will determine the fate of asylum in India. If well-designed and implemented, it has the potential to make India the region’s model for refugee protection.
CONCLUSION
Despite international conventions and laws protecting refugees, many countries still face challenges. India, like many others, lacks a Refugee Law. Collaboration between the National Human Rights Commission (NHRC) and the United Nations Humanitarian Refugee Council (UNHCR) can advance the field of refugee law. India must enact legislation to grant all refugees the same rights and ensure that those seeking opportunities do not mistreat or abuse the refugee statute. The NHRC has filed a report on the necessity of a refugee law, but it has not received a response. India must amend its laws to conform to international law as a developing nation and a worthy contender for permanent membership in the UN. The Indian government and UNHCR need to work more closely to address the increasing number of refugees and ensure openness in administrative processes.
[1] www.goodreads.com › work › quotes We Are Displaced Quotes by Malala Yousafzai – Goodreads (last visited on July 1)
[2] Passport (Entry into India) Rules, 1950, Rule 5
[3] Asylum Bill 2015, S 4(1)(a)
[4] Hussainara Khatoon vs Home Secretary, State of Bihar 1980 AIR 1369, 1979
SCR (3) 532
[5] U. Myat Kayew and Naw Su vs. State of ManipurCivil Rule No. 516 of 1991
[6] Anzhela Dias vs. Union of India W.P. (Crl) No. 103 of 2005
[7] Mohammed Salimullah and Another vs. Union of India Writ Petition (Civil) No. 793 of 2017
[8] Lhawsang vs. Union of India W.P.(C) 8053/2021
[9] T. A. Ahammed Kabeer vs. State of Kerala W.P.(C) 2379/2021