Though India has traditionally been a host to diverse groups of refugees, the country has no specific laws or cohesive policy for refugees. Neither is India a signatory to the 1951 Refugee Convention and its 1967 Protocol on the Status of Refugees.

The 1951 UN Convention defines a refugee as a person…“ who owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, unwilling to avail himself of the protection of that country ”.

Ever changing political and economic factors, war and human rights violations have forced millions to flee their homes. In India , viewed as a drain on resources and a threat to national security, refugees have little protection of their civil and political rights and no legal provisions for their safety and welfare. They are subject to arbitrary arrests, detention and in violation of the basic principle of refugee protection, non-refoulement, often deported.

Due to the lack of a refugee specific statute, the judicial system can only apply laws that are applicable to foreigners in general, such as the Foreigners Act of 1946, Citizenship Act, Passport Entry to India Act of 1919-20 among others. India has also ratified the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Universal Declaration of Human Rights which seek equal treatment to all non-citizens wherever possible as well as emphasise non-refoulment and provision of safe asylum to refugees.

The granting of safe asylum and the welfare of refugees in India depends also on ad-hoc measures adopted from time to time by the government. Tibetans and Srilankans receive full protection and recognition as refugees by the Government of India. Others such as the Afghans, Burmese, Iraqis, Iranians and Palestinians have UNHCR recognition. However, people from Bangladesh are not acknowledged as refugees either by the government or the UNHCR.

Lawyers and social workers of the Refugee Rights Initiative (RRI) provide legal assistance to refugees arrested or facing deportation. Through its interventions and consultations the RRI works to bridge the gap between displaced communities and policy makers. Through fact-finding reports, trainings and direct representation the RRI aims to inform public opinion about the status of refugees in India . As an implementing partner of UNHCR, the organisation assists refugees in securing, maintaining and improving the quality of asylum for Mandate Refugees in India .