6. Status of Refugees in India

India has not signed the 1951 United Nations Refugee Convention on the Status of Refugees, or its 1967 Protocol. The lack of specific refugee legislation in India has led the government to adopt an adhoc approach to different refugee influxes. The status of refugees in India is governed mainly by political and administrative decisions rather than any codified model of conduct. The ad hoc nature of the Government’s approach has led to varying treatment of different refugee groups. Some groups are granted full range of benefits including legal residence and the ability to be legally employed, whilst others are criminalized and denied access to basic social resources.

The legal status of refugees in India is governed mainly by the Foreigners Act 1946 and the Citizenship Act 1955. These Acts do not distinguish refuges and apply to all non-citizens equally. Under the Acts it is a criminal offence to be without valid travel or residence documents. These provisions render refugees liable to deportation and detention.

The head office of UNHCR's mission in India is based in New Delhi. Once recognized, Afghan, Burmese, Palestinian and Somali refugees receive protection from the UNHCR. Many refugees receive a small monthly subsistence allowance, and all have access to the services provided by the UNHCR’s implementing partners in Delhi, such as the YMCA, Don Boscov and the Socio-Legal Centre (SLIC).

The largest refugee populations in India do not fall under the UNHCR’s mandate but are nonetheless considered refugees by the government. There are over 1, 50,000 Tibetans and 90,000 Sri Lankans who have fled violence and persecution and sought refuge in India. These groups are accommodated and assisted in accessing education, healthcare, employment and residence to varying degrees.