Current scenario

India hosts people fleeing war, persecution, and disasters from Tibet, Sri Lanka, Afghanistan, Myanmar, Bangladesh, and parts of Africa and West Asia—about two lakh “persons of concern” according to UN counts. Yet India has no single refugee law. Protection today rests on a patchwork: Foreigners Act, 1946, Registration of Foreigners Act, 1939, Passport (Entry into India) Act, 1920, Passports Act, 1967, and executive circulars. This creates uneven treatment, frequent confusion with “illegal migrant” categories, and ad-hoc exemptions for some groups while others remain in limbo.

Why a national policy is needed

• Clarity and non-discrimination: uniform definition of refugee separate from economic migrant and irregular entrant.
• Due process at the border: humane screening, access to interpreters and legal aid, family unity, and appeal against rejection.
• Non-refoulement: no forced return to a place where life or freedom is threatened.
• Documentation and basic rights: long-term visas, work permits, bank and mobile access, school admission, public health access.
• Alternatives to detention: community housing, reporting requirements, ankle-monitoring; clear standards where detention is unavoidable.
• Burden-sharing: Centre–State cost sharing for housing, health, schooling, and skilling; data integration for security vetting.
• Coordination with UNHCR: joint status determination, interoperable records, exit pathways to resettlement.

Legal options on the table

• Enact a Refugee and Asylum Law drawing on NHRC model law and global best practices.
• Issue statutory rules under the Foreigners Act to codify non-refoulement, screening, and documentation until a law is passed.
• Create a Refugee Protection Authority with benches in high-inflow states; publish quarterly dashboards on arrivals, decisions, and services.

Key terms (plain words)

• Refugee: a person fleeing persecution or war
• Asylum: protection granted by a state
• Non-refoulement: no push-back to danger
• Screening: first interview to separate refugees from other migrants
• Burden-sharing: joint funding and resettlement by multiple states

Exam hook — Takeaways

India’s strength is humanitarian relief; its gap is predictable, non-discriminatory rules. A clear refugee statute with due process, work rights, and Centre–State cost sharing can protect people and security.

UPSC Prelims practice

Statement: Non-refoulement is a principle of international refugee law that prohibits returning a person to a territory where they face persecution or serious harm.

One-line wrap

Make compassion predictable—write a fair refugee law that is rules-based, security-aware, and the same for everyone.