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Refugee Protection in India: Access to Economic & Social Rights

India has offered asylum to various persecuted communities throughout its history going by the core dicta of Indian culture - “treating guests as gods”. However, despite having hosted refugees from several countries for so long India does not have a uniform policy or domestic legal framework for granting asylum or for ensuring refugee rights and protection. India is not even a signatory to the 1951 Refugee Convention. Nevertheless, through judicial pronouncements the application of Article 14 and 21 was extended to be applied to the refugees as well. The courts have continuously relied on principles of international human rights law to address the gaps in refugee rights and protection. Even then the existing policies remain ad hoc and is not applied uniformly to refugees of all nationalities. It needs to be seen up to what extent the refugees are able to realise their economic, social and cultural rights as enshrined in the international human rights law. The government has recently come up with Long term Visa (LTV) proposal for refugees which would enable them to look for economic opportunities in the private sector and also to have access to tertiary education. The government also enacted the Right of Children to Free and Compulsory Education Act in 2009 which guarantees free primary education to refugee / asylum-seeker children. Therefore, in view of the evolving laws and policies, there is a need for refugee aid organisations, civil society groups and other stakeholders in India to have updated, comprehensive information about refugee policy as it stands today in order to reach out to the community and provide assistance in the best possible manner. 

 

Objectives

In the light of the above, the objects of the study include:

  • identify various social and economic rights refugees can access in India;

  • identify the various government schemes available for refugees in India, specifically initiatives of Central Government and Delhi Government, and other state governments where the information is available; and

  • seeks to provide comprehensive information to the various interlocutors involved in refugee rights and protection, so as to enable them to lobby and advocate for greater access to existing economic and social schemes administered by the government.

 

Methodology & Intervention

The methodology and intervention adopted by the study involve:

  • detailed academic research and a desk review of literature to understand India’s existing approach towards extending socio-economic rights and services to various groups and categories of refugees and the shaping of current policies;

  • legal research to identify case laws which have upheld refugee law or have interpreted domestic provisions to extend protection to refugees in India;

  • surveys, focus group discussions and key informant interviews to understand the barriers in accessing such rights; and

  • visits and interviews with UNHCR and its Implementing Partners, local agencies, civil society groups, lawyers, activists and other interlocutors to understand the extent of access to various socio-economic schemes.

 

Structure of the Report

The following is the structure of the report:

  • The first chapter sets out the various types of government documents available to refugees in India and identifies the various documents refugees maybe eligible to apply for in India, as well as the eligibility criteria to acquire them.

  • The second chapter sets out the law, including landmark judicial decisions, pertaining to the Right to Education, how this right is being implemented throughout the country, and discusses the various education schemes (both at the Central and State level) that are available to non-citizens residing in India.

  • The third chapter traces the recent developments that have enhanced access to healthcare services for refugees, and also discusses the the various healthcare schemes, both at the Central and State levels, which are available to non-citizens residing in India.

  • The fourth chapter sets out the legal and administrative procedures applicable to non-nationals, such as refugees, who wish to pursue employment opportunities or establish a business / trade in India.

  • The fifth chapter provides a list of other socio-economic schemes which do not fall under the heads mentioned above.

  • The sixth chapter sets out the various policies and schemes (Central and State levels) which have been introduced for the benefit of Sri Lankan and Tibetan refugees in India.

  • The seventh chapter contains a set of recommendations for the Central and State Governments, UNHCR and its Implementing Partners, civil society groups and the refugee community, based on the findings of the Report.