Legal Framework Governing Refugee Protection in India: Existing Mechanisms and Challenges

This article examines the legal framework governing refugee protection in India in the absence of a dedicated domestic refugee law. The article begins by analysing India’s obligations under international refugee and human rights law along with the constitutional, statutory, judicial, and institutional mechanisms that are currently available to refugees. It argues that even though these mechanisms have enabled India to provide protection to diverse refugee communities, their fragmented and largely discretionary nature has resulted in differential treatment and uncertainty in regards to the refugee status and their rights. Therefore, it highlights the need for a national refugee law that establishes uniform standards of protection for refugees while balancing humanitarian considerations with national security concerns.