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MIGRATION AND ASYLUM IN INDIA: LEGAL FRAMEWORKS AND CASE STUDIES
ON THE ROHINGYAS
ISHITA CHATTERJEE
ishita0081@gmail.com
Professor and Dean at Faculty of Law, Marwadi University, Gujarat (India). She is a distinguished
academician and researcher specializing in the field of Law. Her research interests lie primarily in
the areas of Human rights law, Civil, Criminal law and Constitutional Law. Her work bridges
theoretical frameworks and practical applications, with a specific focus on disciplines of
humanities and social sciences. Throughout her academic career, she has been committed to key
values, like advancing social justice through interdisciplinary research," "promoting
environmental sustainability," "exploring cultural narratives". Her academic contributions include
books, articles which have been published in high-impact journals. She is a frequent speaker at
academic conferences, where she shares her research and engages with scholars from around
the world.
P. SREE SUDHA
sudhasree682@gmail.com
P Dean of the School of Law at SRM Institute of Science and Technology (India). She holds a
Ph.D. in Law from Andhra University (2009). Her academic career is marked by a strong
engagement with legal education and research. As Dean, she plays a central role in shaping the
direction of legal scholarship and pedagogy at SRMIST. She is also part of the University
Research Council, reflecting her influence in guiding the institution’s research agenda. Through
her scholarly work, leadership, and public engagement, she has significantly contributed to
strengthening SRM’s School of Law as a hub of innovation and rigorous legal education.
Abstract
Given India's geographic location, historical connections, and complex cultural fabric,
migration and asylum have historically played a significant role in the country's sociopolitical
environment. India has historically offered sanctuary to a number of groups escaping
persecution, despite not having joined the 1951 Refugee Convention or its 1967 Protocol. Ad
hoc policies, court interventions, and international rules have become necessary due to the
lack of a specific national refugee statute. This legal ambiguity frequently results in disparities
in how different refugee groups are treated. One notable example of an ethnic group seeking
asylum in India nowadays is the Rohingyas, who are from Myanmar. Since the 2010s, a large
number of Rohingyas have fled to India due to the harsh persecution they face in their
homeland. But their presence has spurred discussions about regional geopolitics,
humanitarian responsibilities, and national security. The UNHCR has provided interim relief to
certain Rohingya communities, while the Foreigners Act of 1946 threatens to detain and expel
others. Citing national security concerns, the Indian government has defended its actions by
claiming that unauthorized migrants could be dangerous. India's strategy toward the
Rohingyas has been significantly shaped by judicial rulings. The Supreme Court has struck a
compromise between international commitments, such as the principle of non-refoulement,
which forbids sending refugees back to areas where their lives or freedom are in danger, and
the state's security concerns. However, the Court's decisions have allowed room for
interpretation, which reflects the larger conflicts in India's system of refugee governance.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 17, Nº. 1
May 2026, pp. 388-408
Migration and Asylum in India: Legal Frameworks and Case Studies on the Rohingyas
Ishita Chatterjee, P. Sree Sudha
389
Problems with regional cooperation are also brought to light by the Rohingya problem. India's
position has frequently been compared to that of Bangladesh, which is home to a far larger
and more vulnerable Rohingya minority. This discrepancy emphasizes the necessity of
cooperative systems in South Asia to successfully handle refugee crises. As a result, the
Rohingyas' situation highlights how urgently India needs a thorough legal framework for
refugees. Clear rules and a regional approach to migration regulation are necessary to strike
a balance between humanitarian commitments and national security. India's longstanding
asylum customs must change to meet contemporary issues with fair and uniform policies.
Keywords
Rohingyas, India, Refugee Law, National Security, Non-refoulement.
Resumo
Dada a localização geográfica, as ligações históricas e o complexo tecido cultural da Índia, a
migração e o asilo têm desempenhado, ao longo da história, um papel significativo no
ambiente sociopolítico do país. A Índia tem historicamente oferecido refúgio a vários grupos
que fogem da perseguição, apesar de não ter aderido à Convenção sobre os Refugiados de
1951 nem ao seu Protocolo de 1967. Políticas ad hoc, intervenções judiciais e normas
internacionais tornaram-se necessárias devido à ausência de uma legislação nacional
específica em matéria de refugiados. Esta ambiguidade jurídica resulta frequentemente em
disparidades na forma como os diferentes grupos de refugiados são tratados. Um exemplo
notável de um grupo étnico que procura asilo na Índia atualmente são os rohingyas,
originários de Mianmar. Desde a década de 2010, um grande número de rohingyas fugiu para
a Índia devido à perseguição severa que enfrentam na sua terra natal. Mas a sua presença
suscitou discussões sobre geopolítica regional, responsabilidades humanitárias e segurança
nacional. O ACNUR prestou ajuda provisória a certas comunidades rohingya, enquanto a Lei
dos Estrangeiros de 1946 ameaça deter e expulsar outras. Citando preocupações de
segurança nacional, o governo indiano defendeu as suas ações alegando que os migrantes
não autorizados poderiam ser perigosos. A estratégia da Índia em relação aos rohingyas foi
significativamente moldada por decisões judiciais. O Supremo Tribunal chegou a um
compromisso entre compromissos internacionais, como o princípio da não repulsão, que
proíbe o envio de refugiados de volta a áreas onde as suas vidas ou liberdade estão em perigo,
e as preocupações de segurança do Estado. No entanto, as decisões do Tribunal deixaram
margem para interpretação, o que reflete os conflitos mais amplos no sistema indiano de
gestão de refugiados. Os problemas com a cooperação regional também são trazidos à luz
pela questão dos rohingya. A posição da Índia tem sido frequentemente comparada à do
Bangladesh, que acolhe uma minoria rohingya muito maior e mais vulnerável. Esta
discrepância salienta a necessidade de sistemas de cooperação no Sul da Ásia para gerir com
sucesso as crises de refugiados. Consequentemente, a situação dos rohingya destaca a
urgência com que a Índia necessita de um quadro jurídico abrangente para os refugiados. São
necessárias regras claras e uma abordagem regional à regulamentação da migração para
alcançar um equilíbrio entre os compromissos humanitários e a segurança nacional. Os
costumes de asilo de longa data da Índia devem mudar para responder às questões
contemporâneas com políticas justas e uniformes.
Palavras-chave
Rohingya, Índia, Direito dos Refugiados, Segurança Nacional, Não Repulsão.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 17, Nº. 1
May 2026, pp. 388-408
Migration and Asylum in India: Legal Frameworks and Case Studies on the Rohingyas
Ishita Chatterjee, P. Sree Sudha
390
How to cite this article
Chatterjee, Ishita & Sudha, P. Sree (2026). Migration and Asylum in India: Legal Frameworks and
Case Studies on the Rohingyas. Janus.net, e-journal of international relations, VOL. 17, Nº. 1, May
2026, pp. 388-408. https://doi.org/10.26619/1647-7251.17.1.20
Article submitted on 31 December 2024 and accepted on 29 September 2025.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 17, Nº. 1
May 2026, pp. 388-408
Migration and Asylum in India: Legal Frameworks and Case Studies on the Rohingyas
Ishita Chatterjee, P. Sree Sudha
391
MIGRATION AND ASYLUM IN INDIA: LEGAL FRAMEWORKS AND
CASE STUDIES ON THE ROHINGYAS
ISHITA CHATTERJEE
P. SREE SUDHA
Introduction
Migration and asylum seeking has become characteristic of the twenty-first century,
transforming national policies, International relations, and also human rights discourse
world over. India-being at the intersection of South and Southeast Asia and traditionally
marked by the cultural diversity and mobile populations--plays a peculiar but
contradictory role in it. The country has a long history of accepting populations displaced
domestically even though it does not have a specific domestic asylum law or even declare
itself as a signatory to the 1951 Refugee Convention or the 1967 Protocol. Past examples
include Tibetans in 1950s or Sri Lankan Tamils in 1980s. This regulatory uncertainty
makes the legal status of asylum seekers and refugees very difficult because now their
safety is dependent on the executive will, legal intervention by the courts, and the
emerging principles in a constitution that is highly dynamic. The flows of Rohingya, which
have been occurring in India over the last ten years as the result of a planned persecution
and genocide in Myanmar Rakhine State, have placed such tensions in the limelight
1
.
Their presence makes the Indian legal systems of migration and humanitarian defense
challenges to their own strength, scope, and flexibility in an age of securitization,
geopolitical rivalry, and the growing worry about demographic change.
The Rohingya people, (defined by UN as one of the most persecuted minority in the
world) have turned to seek shelter in a number of South Asian and Southeast Asian
states. A comparatively low percentage of this population are found in India, but the
political and legal controversies concerning their status have been brutally high
2
. Even
though international organisations like UNHCR have issued refugee cards and tried to
offer simple protection measures, the Indian government has often described the
Rohingyas as unauthorized migrants, and this has raised concern about their security
1
National Human Rights Commission, India, Report on Refugee and Human Rights Issues (2022), available at
https://nhrc.nic.in
2
United Nations High Commissioner for Refugees, India Fact Sheet (July 2023), https://www.unhcr.org/in.
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e-ISSN: 1647-7251
VOL. 17, Nº. 1
May 2026, pp. 388-408
Migration and Asylum in India: Legal Frameworks and Case Studies on the Rohingyas
Ishita Chatterjee, P. Sree Sudha
392
and demographic issues and extremism penetration. These competing stories highlight a
much bigger dilemma, and that then again is how, by what means will India balance its
constitutional responsibilities towards human dignity, equality and non-refoulements,
and its sovereign capacity to regulate boundaries, provide internal security and control
undocumented migration?
3
The judicial reactions especially of the Supreme Court and
other High Courts show that efforts have been made to strike a balance between such
imperatives, but the results still show inconsistencies, gaps and strains in the existing
legal regime.
It is in this context that in the given background, the main purpose of this study is to
critically examine the legal frameworks of the Indian migration and asylum policies in
reference to the Rohingya case. The paper attempts to transcend the normative debates
in an attempt to offer a grounded perspective of how administrative rulings, legislative
acts, constitutional values, and interpretations by the judiciary all work together in
creating the lived experiences of asylum seekers
4
. A lack of a specific refugee law in India
provokes the necessity to turn to such tools as the Foreigners Act, 1946; the Citizenship
Act, 1955; the Passports Act, 1967; and the dynamic executive policy. These systems,
consisting mostly of the migration management functions, tend to conflict with the
humanitarian duties and international human rights standards. Simultaneously, the
Indian courts have made judgments periodically to affirm the applicability of Article 21
of the Constitution in respect of the entire population of the country, including non-
citizens, an extension of the havens of protection offered to asylum seekers. The review
of the interactions between these legal elements in practice whether together or
competing is also vital to the current study
5
.
To direct this enquiry, the article answers some of the research questions that have been
posed by the Rohingya experience as one of the ways to tackle the migration governance
in India. The first one, in what ways does the current legal framework of India govern
the entry, permanence and departure of asylum seekers without any specific refugee
law?
Second, what constitutional safeguards, especially in Article 14, Article 21, and Article
51(c), have been enrolled in court rulings pertaining to the Rohingyas and how have the
courts applied such concepts of non-refoul, equality, and procedural fairness to the
proceedings
6
? Third, in what ways did executive policies such as identity verification to
orders of detention and deportation affect the rights and vulnerabilities of Rohingya
refugees in India, and their social-economic status? Fourth, what are the lessons that
can be learned in relation to case studies among other Indian states where courts,
administrative agencies, and local police have resorted to the application of the law in
different ways and in some occasions contradictory? Lastly, is the response of India
regarding Rohingya asylum seekers compliant against global practice and international
protection indicators and norms of assistance?
7
3
B.S. Chimni, Status of Refugees in India: Legal Frameworks and Policy, 23 Refugee Watch 19, 23–25 (2017).
4
M.P. Singh, Rights of Non-Citizens Under Indian Constitution, 58 J. Indian L. Inst. 34, 45 (2016).
5
S.K. Das, Rohingyas in India: The Stateless Crisis, in Refugees and Asylum Seekers in South Asia 105, 110
(Oxford Univ. Press 2020)
6
National Human Rights Commission, India, Report on Refugee and Human Rights Issues (2022), available at
https://nhrc.nic.in.
7
United Nations High Commissioner for Refugees, India Fact Sheet (July 2023), https://www.unhcr.org/in.
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e-ISSN: 1647-7251
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May 2026, pp. 388-408
Migration and Asylum in India: Legal Frameworks and Case Studies on the Rohingyas
Ishita Chatterjee, P. Sree Sudha
393
The study has four objectives in accordance with these research questions. The first task
is to provide a statutory and constitutionalist resources map of the current instantiations
of asylum seekers in India to demonstrate areas of harmony, underdevelopment, and
contradiction
8
. The article has brought together legislative provisions and administrative
rules and synthesized them with the aim of giving a full overview of the legal environment
in which asylum claims are either approved or denied
9
. The second goal is to assess the
judiciary in forming the norms of protection of refugees by means of landmark decisions
and interim orders, especially in the situation concerning the Rohingyas
10
. This involves
evaluation of the manner in which courts weigh humanitarianism against the issue of
security and the sovereignty of India. The third goal is to examine particular case-studies
of the Rohingya communities throughout India i.e. in Jammu, Hyderabad and Delhi so as
to determine the practical implications of executive decisions on the ground
11
. This micro
analysis allows one to address the local variations, administrative issues, and
discrimination and protection patterns
12
. The fourth aim is to position the Indian legal
and policy strategies in a relative international setting, to create the gap, opportunity,
and avenue of reform within the international best framework and human rights
anticipations
13
.
In general, the article finds that India managed the Rohingya problem to show a
complicated system of constitutional morality, state security concerns, geopolitics
strategy, and administrative expediency
14
. Although the judicial players have been
involved in the defence of the fundamental rights, the lack of an effective asylum system
has led to inconsistency and legal confusion
15
. The study will aim to make an addition to
the existing discussions on whether India needs a specific refugee law, what international
norms can be integrated into domestic law and what kinds of protection are possible and
even needed within the dynamic global migration process by foregrounding case studies
and doctrinal analysis
16
.
Legal Frameworks Governing Migration and Asylum in India
Migration and asylum are complex issues governed by a mixture of domestic laws,
policies, and international agreements. In India, despite being a prominent destination
and transit country for migrants and asylum seekers due to its geographical, historical,
and cultural factors, the legal framework is often criticized for its lack of coherence and
dedicated asylum legislation
17
,
18
.
This article examines the various laws and regulations
8
B.S. Chimni, Status of Refugees in India: Legal Frameworks and Policy, 23 Refugee Watch 19, 23–25 (2017)
9
M.P. Singh, Rights of Non-Citizens Under Indian Constitution, 58 J. Indian L. Inst. 34, 45 (2016)
10
S.K. Das, Rohingyas in India: The Stateless Crisis, in Refugees and Asylum Seekers in South Asia 105, 110
(Oxford Univ. Press 2020)
11
Gaurav Jain v. Union of India, (1997) 3 SCC 308 (India)
12
Al Jazeera, India and the Rohingya: A Legal Dilemma (Jan. 15, 2022), https://www.aljazeera.com
13
Priya Pillai, India's Refugee Policy: Protection or Exclusion?, 29 Hum. Rts. Watch 14, 16 (2021)
14
Supreme Court of India, Order on Deportation of Rohingyas, W.P. (Crl.) No. 764 of 2021 (India)
15
South Asia Refugee Rights Initiative, Rohingya Refugees in India: Legal Challenges, Policy Brief No. 12, at 5
(2023)
16
Ministry of Home Affairs, Advisory on Illegal Immigration, F. No. 25022/49/2021-F.III, at 3 (India)
17
Amnesty International, The Rohingya: Persecuted in Myanmar, Forgotten in India, 18 Refugee Rep. 21, 25
(2019)
18
International Covenant on Civil and Political Rights, art. 13, Dec. 19, 1966, 999 U.N.T.S. 171
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Migration and Asylum in India: Legal Frameworks and Case Studies on the Rohingyas
Ishita Chatterjee, P. Sree Sudha
394
governing migration and asylum in India, providing a detailed analysis of the challenges
and opportunities they present.
Migration Laws in India
India's approach to migration is primarily governed by laws focusing on the regulation of
entry, stay, and exit of foreign nationals. The Foreigners Act, 1946, serves as the
cornerstone for the governance of foreign nationals in India
19
. It grants the government
broad powers to regulate the entry, presence, and exit of foreigners
20
. Under this law,
individuals are required to have valid travel documents, such as passports and visas, to
enter India. The Act empowers authorities to detain and deport individuals found in
violation of its provisions. The Passport (Entry into India) Act, 1920, complements the
Foreigners Act by mandating that every foreign national entering India must possess a
valid passport and a visa. It gives the government authority to impose restrictions on
entry and impose penalties for unauthorized entry.
The Immigration (Carriers' Liability) Act, 2000, places the responsibility on carriers such
as airlines and shipping companies to ensure that passengers traveling to India possess
valid documents. This law aims to curb illegal immigration by penalizing carriers that
transport individuals without proper documentation
21
.
Citizenship and Naturalization
India's citizenship rules and migration governance are closely related. The legal
foundation for obtaining and losing Indian citizenship is provided by the Citizenship Act
of 1955 and the Indian Constitution. Citizenship can be obtained through naturalization,
registration, descent, or birth. Discussions and disputes have been generated by changes
to the Citizenship Act, such as the Citizenship (Amendment) Act, 2019 (CAA). For non-
Muslim migrants from Afghanistan, Bangladesh, and Pakistan who arrived in India prior
to December 31, 2014, the CAA aims to expedite their citizenship
22
. Critics contend that
the Act damages India's secular fabric and discriminates against people based on their
religion.
Absence of a Dedicated Asylum Law
Asylum, as opposed to migration, is a particular area of international law that protects
those who are escaping persecution. The 1951 Refugee Convention and its 1967 Protocol,
which create the global framework for refugee protection, are not ratified by India. As a
result, India lacks a specific national asylum law.
The Foreigners Act, 1946, which does not differentiate between refugees and other
foreign nationals, governs refugees in India. Since refugees are governed by the same
19
UNHCR, Global Trends: Forced Displacement in 2022, at 34, https://www.unhcr.org/globaltrends
20
India Ministry of External Affairs, Statement on Rohingya Issue (Apr. 5, 2022), https://mea.gov.in
21
R. Satheesh, Examining India’s Non-Signatory Status to the Refugee Convention, 45 Econ. & Pol. Wkly. 41,
44 (2021)
22
Singh, India and Refugee Protection: A Critical Analysis, 7 Asian J. Int'l L. 245, 260 (2023)
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laws as other undocumented migrants, they frequently lack a unique legal status, making
them susceptible to imprisonment and deportation
23
. The government makes ad hoc
decisions regarding asylum, frequently impacted by diplomatic and geopolitical factors.
India has long granted sanctuary to sizable populations, such as Rohingyas, Sri Lankan
Tamils, and Tibetan refugees, despite the lack of particular laws. To register asylum
seekers and ascertain their refugee status, the government typically works with the
United Nations High Commissioner for Refugees (UNHCR), which has operations in India.
The UNHCR's mandate is constrained, nevertheless, and it does not apply consistently to
all refugee groups.
Regional and Bilateral Agreements
India's legal framework for migration also involves regional and bilateral agreements. For
instance, the Indo-Nepal Treaty of Peace and Friendship, 1950, allows citizens of India
and Nepal to move freely across the border without visas or passports
24
. Similarly,
agreements with Bangladesh aim to address cross-border migration issues, such as the
deportation of illegal immigrants and cooperation in tackling human trafficking
25
.
International Obligations
India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, which are
the cornerstone international instruments for refugee protection. These conventions
establish key principles, including the definition of a refugee and the obligation of non-
refoulement—prohibiting the return of individuals to places where they face
persecution
26
. Although India is not legally bound by these instruments, it is committed
to the principle of non-refoulement under customary international law, which it is
obligated to uphold as a member of the international community.
Furthermore, a number of important human rights accords that indirectly protect
refugees and asylum seekers have been ratified by India
27
. The right to life, equality
before the law, and protection from torture and cruel treatment are among the
fundamental rights guaranteed by the International Covenant on Civil and Political Rights
(ICCPR), which India ratified in 1979. All people under Indian authority, including non-
citizens, are covered by these regulations. In a similar vein, child refugees are granted
protections under the Convention on the Rights of the Child (CRC), which India adopted
in 1992. These provisions include access to healthcare, education, and protection from
exploitation
28
,
29
.
23
"Human Rights Watch: 'All of My Body Was Pain'", HUMAN RIGHTS WATCH (Nov. 16, 2017),
https://www.hrw.org/report/2017/11/16/all-my-body-was-pain
24
U.N. HUMAN RIGHTS COUNCIL, Report of the Independent International Fact-Finding Mission on Myanmar,
U.N. Doc. A/HRC/39/64 (Sept. 12, 2018)
25
Amnesty International: 'Caged Without a Roof', AMNESTY INT’L (2017), https://www.amnesty.org
26
Médecins Sans Frontières, 'No One Was Left': Death Toll in Myanmar, MSF (Dec. 2017), https://www.msf.org
27
David Mathieson, A Genocide in All But Name, FOREIGN POLICY (Feb. 13, 2018), https://foreignpolicy.com
28
Bangladesh and the Rohingya Crisis, INT’L CRISIS GROUP, Asia Report No. 267 (2018)
29
Fortify Rights, 'They Gave Them Long Swords': Preparations for Genocide in Myanmar, FORTIFY RTS. (July
2018)
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Domestic Legal Framework
India lacks a specific legislation pertaining to refugees, and instead, general laws like the
Foreigners Act of 1946 and the Passport (Entry into India) Act of 1920 govern how
refugees and asylum seekers are treated. Without making a distinction between refugees
and other migrants, these rules indiscriminately classify all foreign nationals lacking
proper documents as illegal migrants
30
. As a result, refugees who disregard immigration
laws risk detention, expulsion, or other legal repercussions.
In reality, how refugees are treated in India differs according on where they are from.
For example, under the Tibetan Rehabilitation Policy, Tibetan refugees are given special
residency privileges, but Sri Lankan Tamil refugees are housed in camps and have few
rights
31
,
32
. Foreign refugees, like the Rohingyas of Myanmar, frequently live in unstable
circumstances without official legal status.
Administrative Practices and Judicial Interventions
Administrative procedures and judicial actions are essential when there is no formal
refugee policy
33
,
34
. In order to register asylum seekers and offer aid, the United Nations
High Commissioner for Refugees (UNHCR) has operations in India. In order to defend the
rights of refugees
35
,
36
, Indian courts have frequently cited constitutional precepts. For
instance, courts have emphasized the government's duty to uphold humanitarian
principles by upholding the right to non-refoulement in a number of situations.
Case Study: Rohingyas in Delhi – Legal and Social Challenges
The plight of Rohingya refugees in India, particularly those in Delhi, highlights the
complex intersection of legal and social challenges. Displaced from Myanmar due to
ongoing violence and persecution, the Rohingya Muslims have sought refuge in various
countries, including India. Delhi, as one of the largest urban canters, has been home to
a significant number of Rohingya refugees, who continue to face hardships in terms of
legal recognition, housing, education, and employment
37
. The situation of Rohingyas in
Delhi not only underscores their vulnerability but also raises broader questions about
India’s refugee policy, the role of non-governmental organizations (NGOs), and the
challenges in ensuring the human rights of displaced populations in urban settings.´
30
Priya Pillai, The International Criminal Court and Rohingya Accountability, OPINIO JURIS (Mar. 8, 2019),
http://opiniojuris.org
31
Legal Accountability for Atrocities in Myanmar, GEO. J. INT'L L., 50 Geo. J. Int’l L. 1 (2018)
32
'Ethnic Cleansing' in Myanmar: U.S. Secretary of State’s Remarks, DEP’T OF STATE (Nov. 22, 2017)
33
JAMES D. SIDDHARTH, ROHINGYA REFUGEES IN SOUTH ASIA 25–27 (2019)
34
Regional Responses to the Rohingya Crisis, ASEAN TODAY (May 10, 2019), https://www.aseantoday.com
35
Poppy McPherson, What Happened in Myanmar?, THE GUARDIAN (Sept. 19, 2018),
https://www.theguardian.com
36
Rohingya Crisis: A Timeline, BBC NEWS (Oct. 23, 2018), https://www.bbc.com
37
U.N. Office on Genocide Prevention, Prevention of Genocide in Myanmar, U.N. (2019), https://www.un.org
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Migration and Asylum in India: Legal Frameworks and Case Studies on the Rohingyas
Ishita Chatterjee, P. Sree Sudha
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Legal hindrances
One of the most significant barriers facing the Rohingyas in Delhi is their legal status.
Unlike many other refugee populations, the Rohingya have not been granted formal
refugee status under the United Nations High Commissioner for Refugees (UNHCR)
mandate
38
. India, as a non-signatory to the 1951 Refugee Convention, does not have a
national refugee law to address the rights of displaced persons. As a result, the Rohingya
live in India without legal recognition, rendering them vulnerable to arrest, deportation,
and lack of access to essential services.
Rohingyas in Delhi primarily rely on temporary registration certificates issued by the
UNHCR, but these do not provide any legal protection within India. The absence of formal
recognition by the Indian government means that they are not entitled to the same legal
protections as other refugees or citizens
39
. They are also unable to seek regular work or
access public welfare programs, as they do not possess the required documentation. The
fear of being detained and deported is a constant concern, especially as the Indian
government has been vocal about its intention to expel the Rohingyas from the country,
citing national security concerns and the potential threat of terrorism
40
.
This lack of legal protection exacerbates their precarious situation, as they are often
forced into informal settlements or slums where they are further marginalized. Without
the ability to access legal remedies, their cases of exploitation or discrimination often go
unreported and unresolved
41
,
42
. Moreover, the lack of legal status prevents them from
obtaining essential identification documents, which in turn limits their ability to access
basic services such as healthcare, education, and social security benefits
43
.
Social Challenges
Rohingya refugees in Delhi face a range of social challenges that stem from their legal
status, as well as the stigma and discrimination they encounter within Indian society.
One of the most pressing issues is inadequate housing. The majority of Rohingya
refugees in Delhi live in informal settlements, often in overcrowded and unsanitary
conditions. These settlements, located in areas like Kalindi Kunj and Madanpur Khadar,
are characterized by poor infrastructure, lack of proper sanitation, and limited access to
clean water
44
. The refugees often have to share cramped living spaces, which makes it
difficult for them to maintain basic hygiene or practice social distancing during health
crises like the COVID-19 pandemic.
The lack of affordable housing options for Rohingya refugees is compounded by the
increasing demand for space in urban areas like Delhi. As a result, they are forced to live
in precarious conditions, with limited access to essential services. These settlements are
often located in marginal areas on the outskirts of the city, far from canters of
38
Myanmar Ethnic Cleansing Condemned, INT’L COURT OF JUSTICE, ICJ Press Release (Jan. 23, 2020)
39
Al Jazeera Investigates, Rohingya Crisis: Hidden Genocide, AL JAZEERA (2018), https://www.aljazeera.com
40
Rohingya Refugee Policies in Bangladesh, ASIA-PACIFIC J. ON HUM. RTS. & L., Vol. 19 (2020)
41
LINTNER, BURMA IN CRISIS: ETHNIC CONFLICTS AND INTERNATIONAL RESPONSIBILITY 123–126 (2017)
42
Rohingya: Stateless at Sea, INT’L ORG. FOR MIGRATION (2019), https://www.iom.int
43
ASEAN Response to Rohingya Refugee Crisis, BROOKINGS INST. (Dec. 2018)
44
International Responsibility for Crimes Against Humanity in Myanmar, HARV. INT’L L.J., Vol. 59 (2019)
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398
employment, education, and healthcare, further isolating the community from the
resources they need to build a better life
45
.
Limited access to education is another significant challenge for the Rohingya in Delhi.
Children in these refugee settlements often face barriers to enrolling in government
schools due to their lack of legal status and identification documents. Although there are
a few schools run by NGOs that provide education to Rohingya children, the quality of
education is often subpar, and resources are limited. The absence of formal schooling
not only deprives children of basic education but also limits their future opportunities for
social mobility and integration into Indian society. Many Rohingya children are forced to
contribute to family income by working in informal labour markets, further restricting
their educational prospects.
Employment is another major social challenge faced by the Rohingyas in Delhi. Due to
their lack of legal status, they are excluded from the formal labour market and are often
forced to work in exploitative conditions. Many Rohingyas find employment in low-paying
jobs in the informal economy, such as manual labour, domestic work, or working in
factories or construction sites
46
. These jobs often come with poor wages, long working
hours, and a lack of job security, leaving the workers vulnerable to exploitation and
abuse.
The inability to access legal work and earn a decent wage creates a cycle of poverty that
is difficult to escape. Additionally, the lack of employment opportunities and the constant
threat of deportation contribute to the mental and emotional distress faced by many
members of the community
47
. The sense of uncertainty about their future in India further
exacerbates their sense of powerlessness and isolation.
Role of NGOs and Legal Aid
Despite these challenges, non-governmental organizations (NGOs) and civil society
groups have played a crucial role in supporting the Rohingya refugees in Delhi. NGOs
have been instrumental in providing legal aid, education, healthcare, and emergency
relief to the community
48
,
49
. Legal aid organizations, such as the Rohingya Human Rights
Initiative and the United Nations High Commissioner for Refugees (UNHCR), have
provided legal representation for refugees facing deportation and have worked to raise
awareness about their rights under international law. NGOs have also been at the
forefront of advocacy efforts, pushing for better treatment of Rohingya refugees and
advocating for their right to stay in India.
In addition to legal assistance, NGOs have worked to address the social needs of the
Rohingya population by providing access to basic services like food, shelter, and
healthcare
50
. Many NGOs have set up community canters that offer educational
45
KYAW MINN HTAY, INSIDE RAKHINE: STORIES OF SURVIVAL AND DISPLACEMENT (2020)
46
U.N. Humanitarian Reports on Rohingya Refugees, UNHCR (2018–2020), https://www.unhcr.org
47
Genocide Watch and Early Warnings in Myanmar, GENOCIDE WATCH (Aug. 2017), https://genocidewatch.net
48
UNHCR, The Rohingya Emergency, available at https://www.unhcr.org/rohingya-emergency.html (last
visited Dec. 29, 2024)
49
Human Rights Watch, “India: Rohingya Refugees Face Deportation,” Jan. 19, 2022, available at
https://www.hrw.org/news/2022/01/19/india-rohingya-refugees-face-deportation
50
Constitution of India art. 14, 21, interpreting fundamental rights applicable to non-citizens
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399
programs, vocational training, and healthcare services to the refugees. These services,
though invaluable, are often underfunded and overstretched, limiting their ability to meet
the full range of needs within the community.
While NGOs have been able to alleviate some of the challenges faced by the Rohingyas,
their efforts are hampered by the lack of state support and the absence of a
comprehensive national refugee policy
51
. The reliance on NGOs has created a situation
where the Rohingyas’ access to essential services is largely dependent on the goodwill of
civil society organizations, rather than on the state’s obligation to provide protection and
support to displaced populations. The challenges faced by the Rohingyas in Delhi reflect
a broader crisis of refugee protection in India
52
. Without legal recognition, they are
trapped in a cycle of vulnerability, facing barriers to housing, education, and
employment
53
. While NGOs have played a vital role in mitigating some of these
challenges, the systemic issues that underpin the Rohingyas' plight remain largely
unresolved
54
. The absence of a national refugee law and the lack of state support for
displaced populations pose significant obstacles to improving the lives of Rohingya
refugees in India
55
. The legal and social challenges faced by the Rohingyas in Delhi
highlight the urgent need for a comprehensive and humane approach to refugee
protection, one that ensures their rights and dignity are respected.
Integration in Hyderabad
Hyderabad’s approach to the Rohingya refugee crisis has been relatively pragmatic
compared to other regions in India. The city, known for its diversity and cosmopolitan
culture, has witnessed the integration of several refugee communities, including the
Rohingyas. Many members of the Rohingya community in Hyderabad have found informal
employment in sectors like construction, domestic work, and low-wage jobs in small
businesses
56
. These job opportunities have provided them with some financial stability,
though they remain trapped in the informal economy, where wages are low and job
security is non-existent.
While some Rohingyas in Hyderabad have managed to secure a living, their integration
has been far from smooth. One of the main challenges they face is the lack of legal
documentation, which severely limits their ability to access public services such as
healthcare and education
57
. Without proper documentation, they are unable to avail
themselves of government welfare schemes or access formal employment opportunities.
Many have had to rely on humanitarian organizations, local mosques, and other
charitable groups for basic needs like food, shelter, and medical care.
Despite these challenges, some members of the community have managed to build a
sense of belonging in Hyderabad. Social networks within the city, including relationships
with other refugees and local Muslim communities, have played a crucial role in
51
S.P. Sathe, Judicial Activism in India: Transgressing Borders and Enforcing Limits 47-49 (2003)
52
M. Zafar, “The Stateless Rohingyas in India: A Legal Quagmire,” 12 Indian J. Int’l Law 92, 98 (2019)
53
National Human Rights Commission of India, NHRC Guidelines on Refugees and Migrants (2021)
54
Refugee Convention art. 33, July 28, 1951, 189 U.N.T.S. 137
55
B. Ghosh, “Rohingya Refugees and the Indian State: A Delicate Balance,” 34 Econ. & Pol. Wkly. 57, 59 (2021)
56
Government of India, Ministry of Home Affairs, Advisory on Illegal Migrants, No. 24013/29/Misc./2020-CSR
(Nov. 7, 2020)
57
M. Kumar, “Rohingyas in Jammu: Politics of Refuge and Exclusion,” 18 J. S. Asian St. 45, 49 (2022)
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facilitating integration
58
. These networks provide emotional support, shared resources,
and solidarity. Some Rohingyas have also made efforts to learn the local language,
Telugu, which helps them navigate life in the city and build relationships with the broader
community.
However, this integration is not without its difficulties. The Rohingya community still faces
significant social stigma, and many locals view them as outsiders, contributing to their
marginalization
59
. Additionally, the influx of refugees into Hyderabad has led to
competition for scarce resources, particularly in low-income neighbourhoods, which has
sometimes led to tensions between the Rohingyas and other migrant groups.
Livelihoods of the Rohingyas in Hyderabad
The livelihoods of the Rohingya community in Hyderabad are shaped by their precarious
legal status and limited access to formal employment
60
. Many of the Rohingyas work in
low-wage, informal sectors, where they are vulnerable to exploitation. Informal work
often means that they are not entitled to labour rights, health insurance, or job security.
Many Rohingyas work as manual labourers in construction sites, as cleaners, or in other
low-skilled jobs, where wages are minimal and working conditions are poor.
Rohingya women, in particular, face unique challenges in terms of employment. Many
women are engaged in domestic work, which is often underpaid and subject to
exploitation. They are typically employed informally, without any legal protection or
access to benefits such as maternity leave or health insurance. Women’s participation in
the workforce is also hindered by cultural and social barriers, as traditional gender roles
often limit their mobility and ability to seek employment outside the home.
Another aspect of the livelihoods of Rohingyas in Hyderabad is their dependence on aid
and charitable organizations. Many Rohingya families rely on local mosques and non-
governmental organizations (NGOs) for food, healthcare, and education. While some local
mosques provide shelter, food, and medical aid, the scale of assistance is often
inadequate to meet the growing needs of the community. NGOs working in Hyderabad
also provide services such as education and healthcare, but their resources are limited,
and they are often stretched thin with growing numbers of refugees.
Vulnerabilities and Challenges
The vulnerabilities of the Rohingya community in Hyderabad are multifaceted. First and
foremost, the lack of legal recognition places them in a precarious position, with little
access to legal recourse in case of exploitation or discrimination. Their inability to obtain
formal documentation means they are unable to access critical services, including
healthcare and education
61
. The lack of a formal education system for Rohingya children
is one of the most pressing issues, as many children are left out of the educational system
58
Press Information Bureau, “Government’s Stance on Rohingya Refugees,” Sept. 15, 2022, available at
https://pib.gov.in
59
UNICEF India, Rohingya Refugee Children and Education (2023), at 12
60
Delhi High Court, W.P. (C) No. 279/2017, Aug. 15, 2021 (India)
61
Hyderabad Municipal Corporation, “Registration of Rohingya Refugees,” Circular No. HMC/2022/459 (2022)
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401
due to their legal status. As a result, these children grow up without the skills and
knowledge required to improve their socio-economic situation, perpetuating the cycle of
poverty within the community.
Healthcare is another critical area where the Rohingya community faces significant
challenges. Many Rohingyas suffer from various health issues, including chronic diseases,
malnutrition, and mental health disorders, due to their living conditions and limited
access to medical services. The lack of legal recognition prevents them from accessing
government-run healthcare facilities, and their reliance on charitable organizations often
means that healthcare is inadequate and inconsistent.
Case Study: Rohingyas in Jammu – Security Concerns and Displacement
The Rohingya crisis, one of the most tragic human rights violations of the 21st century,
has compelled millions of Rohingya Muslims to flee Myanmar due to ethnic violence,
religious persecution, and military crackdown. The displaced population has sought
refuge in various countries, including India, where the situation remains contentious,
particularly in regions like Jammu. The Rohingyas, who have found a semblance of safety
in Jammu, face numerous security concerns, challenges related to their legal status, and
the constant threat of deportation. This case study delves into the security concerns and
displacement faced by the Rohingyas in Jammu.
Over the years, the Rohingya refugees in Jammu have become more of a concern in
terms of security in both political, administrative and public arenas. To a great extent,
this perception can be attributed to the peculiarities of geopolitical sensitivities of the
region. Jammu is an area situated near the Line of Control and with cross-border
militancy in the areas around it is regarded as a high security area. Any changes in
demographic that can be imagined or effective is therefore subject to the prism of
national security
62
. This population of stateless and undocumented Rohingyas has
increased concerns regarding the possibility of infiltration, radicalisation, or exploitation
by other groups that will exploit and employ them in carrying out their operations in the
area.
The other factor is the lack of a formal system of support of refugees in India, and the
situation of Rohingyas is conditional upon administrative improvisation. In Jammu, most
Rohingyas live in unstructured settlements without identity papers or organized
integration processes that heighten fears of tracking and verification. Law enforcement
agencies have also raised worry that these illegal populations can end up being channels
of carrying out illegal or illegal activities in the country like smuggling, human trafficking
or even the way of getting recruited into extremist groups
63
. Even though little
meaningful evidence has come out to substantiate the mass participation in such
activities, the fact that it is a possibility is causing a sense of danger in an already tense
and complicated security arena.
These issues have been increased by political narratives. Some quarters have described
Rohingya presence in the country as an intention to change demographic dynamics or as
62
Khalid Wasim, “Demographic Anxiety and the Politics of Refugee Settlements in Jammu,” Economic & Political
Weekly, Vol. 57, No. 12, at 42 (2022)
63
Suhasini Haidar, “India Deports Rohingya to Myanmar Despite UN Objections,” The Hindu (Oct. 4, 2018)
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402
a possible source of inter-communal conflict. Such arguments though disputed, have
been making grounds in the popular imagination, moving to policy actions like detention,
verification drives, and suggestions toward deportation
64
. This amalgamation of
geopolitical delicacy, administrative uncertainty, and politicisation have consequently
contributed to the situating of Rohingyas in Jammu as security menace- despite reality
on the ground calling otherwise, a population in search of security and survival instead
of being the security hazard.
The Rohingya Crisis's History
For many years, the Myanmar military and Buddhist extremists have practiced systematic
discrimination, violence, and persecution against the Rohingya, an ethnic Muslim minority
population mostly from the country's Rakhine State. More than 700,000 Rohingyas fled
in large numbers to neighbouring Bangladesh as a result of the 2017 military operation
65
.
Since then, a large number of people have sought safety in various nations, such as
India, where there is no official policy to provide asylum to refugees, leaving them open
to marginalization and exploitation.
The Rohingya Refugee Crisis in Jammu
Jammu, located in the northern part of India, has become home to a significant number
of Rohingya refugees who fled Myanmar to escape violence and persecution. According
to estimates, Jammu hosts more than 5,000 Rohingyas, mostly residing in makeshift
camps on the outskirts of the city. These camps are a symbol of the refugees’ harsh
reality, marked by poor living conditions, lack of basic amenities, and a deep sense of
insecurity
66
.
The presence of Rohingyas in Jammu has been a source of significant tension and
controversy. While India has not signed the 1951 UN Refugee Convention, and refugees
do not have a defined legal status, the issue of the Rohingyas in Jammu has stirred public
debates on security, national sovereignty, and the rights of refugees. These concerns are
often exacerbated by local politicians and groups who argue that the influx of Rohingyas
poses a threat to national security.
Discussion
The issue of refugees is one that has gained significant attention in the global arena, with
countries grappling with how to balance humanitarian responsibilities with national
security concerns. India’s approach to refugees has often been described as inconsistent
and ad hoc, particularly in relation to the Rohingya Muslim refugees who have sought
refuge in the country. While international norms and conventions emphasize humane
treatment, non-refoulement, and integration, India’s response to refugees often places
64
A.S. Pundir, “Security Discourses and Refugee Populations in South Asia,” Journal of Asian Security &
International Affairs 9(2): 178, 182–84 (2022)
65
Amnesty International India, Rohingyas in India: State of Vulnerability (2018)
66
Supreme Court of India, Tehseen S. Poonawalla v. Union of India, (2018) 9 SCC 501.
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403
them in a precarious legal and social situation
67
. The absence of a national refugee law,
societal prejudices, political rhetoric, and limited engagement with international
organizations exacerbate the challenges faced by refugees, especially the Rohingya,
highlighting deeper systemic issues in India’s refugee policy.
Absence of a National Refugee Law
One of the most significant gaps in India’s refugee policy is the absence of a formal
national refugee law. Unlike many countries that have enacted comprehensive legislation
for the protection and rights of refugees, India has not codified a legal framework to deal
with the issue. Instead, India relies on ad hoc measures, such as the Foreigners Act of
1946 and the Registration of Foreigners Act of 1939, to manage refugees, but these laws
are not designed specifically for refugees
68
. The lack of a clear, dedicated legal framework
leads to significant ambiguity in the status and treatment of refugees.
The absence of a national refugee law means that refugees often lack clear and
enforceable rights. For instance, they do not have legal recognition or protection in India,
which leaves them vulnerable to detention, deportation, and exploitation. In the case of
the Rohingya refugees, many are registered under the United Nations High Commissioner
for Refugees (UNHCR), but this does not guarantee them any legal protection in India.
As a result, they are often treated as illegal migrants by the state, despite being victims
of persecution in their home country. Without a proper legal framework, India is unable
to ensure that refugees are treated in accordance with international norms, and they
remain in a state of legal limbo.
Societal Prejudices and Political Rhetoric
India’s approach to refugees is further complicated by societal prejudices and political
rhetoric. The political discourse surrounding refugees is often polarized, and refugees
from specific regions or communities face different levels of acceptance. The Rohingya
refugees, for example, have faced significant hostility and discrimination in India, not
just from political figures but also from certain sections of society. Many of the refugees
belong to the Muslim minority community, which is already subjected to marginalization
in certain parts of India. This has fueled negative perceptions about the Rohingya, with
some seeing them as a threat to national security or as illegal migrants.
Political rhetoric has played a major role in shaping public opinion about refugees. In
recent years, political leaders have increasingly used the issue of refugees to appeal to
their base, often presenting refugees as a burden or a threat to the country’s resources,
culture, or security. Such rhetoric not only creates a hostile environment for refugees but
also exacerbates the social divide within the country. The Rohingya, in particular, have
been portrayed as a security threat by certain political groups, further deepening their
exclusion from society. This climate of suspicion and hostility makes it difficult for
refugees to integrate into Indian society and find a sense of stability.
67
The Citizenship (Amendment) Act, No. 47 of 2019, § 2, India Code
68
R. Singh, “Access to Healthcare for Rohingya Refugees,” 10 Health Pol. & Ethics Q. 23, 26 (2022)
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Furthermore, there is a widespread lack of awareness and empathy toward refugees
among the general population. Many people in India are unaware of the plight of refugees
and view them as outsiders who are taking away jobs, resources, and opportunities. This
lack of understanding and compassion toward refugees is further compounded by the
rhetoric of political leaders, which casts refugees as a problem rather than as victims in
need of protection.
Conclusion
India’s migration and asylum policies remain deeply intertwined with the complexities of
its legal framework and its geopolitical positioning. Historically, India has hosted migrants
for centuries, with diverse communities such as the Rohingyas, Tibetans, and Sri Lankan
Tamils seeking refuge within its borders. However, the legal and policy framework
governing migration and asylum is fragmented, lacking a comprehensive national law on
refugees. While India is not a signatory to the 1951 Refugee Convention or its 1967
Protocol, it still provides asylum under the principle of humanitarian concern, relying on
ad hoc administrative measures.
The case of the Rohingyas, a minority group fleeing persecution in Myanmar, underscores
the limitations and challenges faced by India’s migration and asylum frameworks. The
Rohingya crisis has sparked debates on India’s legal obligations and humanitarian duties.
Despite facing widespread persecution in Myanmar, the Rohingyas in India often find
themselves in a precarious position, without access to formal refugee status or
protections under Indian law. This uncertainty is compounded by security concerns,
political narratives, and the growing influence of nationalism, which have shaped India’s
approach toward migrants and refugees, especially those from Muslim-majority
countries.
The Indian government has largely opted for a non-committal stance on the Rohingyas’
refugee status. While some state governments have offered shelter, others have opted
for deportations, citing national security concerns. The absence of a clear refugee law
creates a legal limbo for the Rohingyas and other asylum seekers, resulting in a lack of
social protection, limited access to healthcare and education, and frequent vulnerability
to exploitation and discrimination.
India’s approach, characterized by an ad hoc response, has drawn both domestic and
international criticism. Human rights organizations have emphasized that India, as the
world’s largest democracy and a regional leader, has a moral responsibility to uphold
international humanitarian standards. At the same time, the broader global community
has pressed India to adopt more robust legal protections for refugees and migrants,
offering support in addressing these humanitarian challenges.
Recommendations
Enact a Comprehensive Refugee Law
India’s legal framework for migration and asylum requires an overhaul to ensure clearer,
more structured provisions for refugees. A comprehensive refugee law should be enacted
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to grant legal recognition, protection, and rights to asylum seekers and refugees. Such
a law would also provide a clear distinction between economic migrants, asylum seekers,
and refugees, reducing the uncertainty that individuals like the Rohingyas currently face.
The law should guarantee access to basic services such as healthcare, education, and
housing, as well as establish clear procedures for asylum applications and status
determination.
Accede to the 1951 Refugee Convention
India’s decision not to ratify the 1951 Refugee Convention and its 1967 Protocol has been
a point of contention. Accession to these international agreements would bind India to
global standards of refugee protection and help mitigate the current legal void. This would
not only provide protection for refugees but also promote India’s international standing
on human rights issues. However, India could also negotiate reservations or modifications
to ensure that its national security concerns and regional sensitivities are adequately
addressed.
Humanitarian Approach to the Rohingyas
The treatment of the Rohingyas in India requires a humanitarian approach that
emphasizes human rights and dignity. India should avoid policies based on ethnic or
religious discrimination and adopt a more inclusive and humanitarian stance toward these
refugees. While addressing security concerns is important, deportation should be
approached with caution, considering the grave human rights violations they would face
upon return to Myanmar. India could offer temporary asylum status while advocating for
international resettlement solutions or permanent solutions with Myanmar’s involvement.
Strengthen International Cooperation
The issue of migration and asylum cannot be addressed by India alone. Strengthening
cooperation with international organizations like the United Nations High Commissioner
for Refugees (UNHCR) and regional bodies is essential for creating sustainable solutions.
India should work collaboratively with other South Asian countries to establish a regional
framework for migration and asylum that balances humanitarian considerations with
national security concerns.
Public Awareness and Inclusion Initiatives
India must foster a greater public understanding of refugees and asylum seekers. Public
awareness campaigns can help combat xenophobia and misinformation, especially
regarding marginalized groups like the Rohingyas. Initiatives that promote inclusivity,
integration, and respect for refugees’ rights can help reduce social tensions and build a
more tolerant society. Civil society organizations, local governments, and the private
sector should also play an active role in providing support for refugees and migrants.
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Protection of Vulnerable Groups
Particular attention should be paid to vulnerable groups within refugee populations,
including women, children, and the elderly. These groups often face unique challenges,
such as gender-based violence, child labor, and exploitation, which require specialized
protection measures. Ensuring that policies account for the specific needs of these
vulnerable individuals will enhance the overall effectiveness of India’s migration and
asylum frameworks.
In conclusion, India’s response to migration and asylum, particularly in the case of the
Rohingyas, reflects the challenges and opportunities in balancing humanitarian
obligations with national interests. By adopting a more structured and compassionate
approach, India can improve the lives of refugees and migrants while contributing to
regional and global peace and stability.
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JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 17, Nº. 1
May 2026, pp. 388-408
Migration and Asylum in India: Legal Frameworks and Case Studies on the Rohingyas
Ishita Chatterjee, P. Sree Sudha
408
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