MIGRATION AND ASYLUM IN INDIA: LEGAL FRAMEWORKS AND CASE STUDIES ON THE ROHINGYAS

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. 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.