The residents of the quaint areas of Bhogal, Lajpat Nagar and Saket in New Delhi were suddenly reminisced of its old days, of the Days of exodus during the fall of USSR in ’78 and the US invasion of 2001, when the Taliban took over Kabul on 16th August, 2021. As the last of commercial flights touched down at the Indira Gandhi National Airports and the few lucky Afghan Nationals escaped persecution there was a huge question as to what was the way forward for them?
How does India’s Law work out?
Even though India has been the home for a large number and variety of refugees throughout the past, India has dealt with the issues of ‘refugees’ on a bilateral basis. India is not party to the 1951 Refugee Convention or its 1967 Protocol and does not have a national refugee protection framework, has been observing a ‘refugee regime’ which generally conforms to the international instruments on the subject without, however, giving a formal shape to the practices adopted by it in the form of a separate statute. Refugees are no doubt “foreigners”.
Even though there may be a case to distinguish them from the rest of the ‘foreigners’, the current position in India is that they are dealt with under the existing Indian laws under The Foreigner’s Act of 1946, Cr. PC and IPC, both general and special, which are otherwise applicable to all foreigners. This is because there is no separate law to deal with “refugees”. For the same reason, cases for refugee “status” are considered on an ad hoc basis.
However, it continues to grant asylum to a large number of refugees from neighbouring States following customary International Law and respects UNHCR’s mandate for other nationals, mainly from Afghanistan and Myanmar. While the Government of India deals differently with various refugee groups, in general it respects the principle of non-refoulment for holders of UNHCR documentation. UNHCR often plays a complementary role to the efforts of the Government, particularly in regard to verification about the individual’s background and the general circumstances prevailing in the country of origin. In the absence of a national legal and administrative framework, UNHCR, based in New Delhi, conducts refugee status determination (RSD) for asylum-seekers from non-neighbouring countries and Myanmar. UNHCR also has a presence in Chennai, Tamil Nadu in the south to support the voluntary repatriation of Sri Lankan refugees.
What about the recent influx of Afghan refugees?
It is important to note here that as of now there are close to 21,000 Afghan refugees in India acc. To Zia Ghani, Head of the Afghan asylum-seeker community in the country, while India has granted around 6,000 people were granted refugee status with Long term Visas, while the rest have been categorized as asylum seekers by the UNHCR and granted E-Visas on emergency basis which are valid only for a term of up to 6 months. India itself does not take responsibility of any of the “refugees” or asylum seekers, it expects the UNHCR to process them and provide with proper identification documentation. Upon the issuance of this “refugee card” or colloquially called as the “Blue Paper “, can the nationals apply for a Visa that permits them to stay in the country for a longer time.
What are the protests about in New Delhi at the UNHCR office?
Since 23rd August, Many Afghan migrants and asylum-seekers, especially single mothers and their children, have been camping outside the office of the United Nations High Commission for Refugees (UNHCR) in New Delhi for more than a week. Their demands? First, refugee cards to apply for long-term visa (LTV) in India. Second, a resettlement option for which they need a supporting letter from the UNHRC so that they can move to another country. Third, security from the Indian government and UNHRC since they do not have any facilities like education and jobs. Many of these protesters also include migrants who arrived in India many years ago but are struggling under immense financial burden, due to their ineligibility to work in the formal sector of the country. Out of the 21,000 Afghans as previously mentioned, 11,000 have been registered as asylum-seekers in India which means they still remain under consideration for refugee status. This means they do not have any economic security till the time they get refugee status, which might often take years also. Under these trying circumstances the migrants are often forced to be a part of the informal job sector where they run risks of exploitation and sub-par salaries without any legal remedies.
Does CAA come into the picture here?
There has been a lot of debate and curiosity if the recently pass Citizenship Amendment Act of 2019, would lead to deportations and discrimination on religious basis. Contrary to popular the CAA does not come into play for the refugees who have come into India seeking asylum in recent times. It is not an exclusionary law and can in no way take away the citizenship of any individual in India, irrespective of religion. The CAA is rather drafted in a historical context and with a time limit for application. It says that people belonging to six religions—Hindu, Buddhist, Christian, Sikh, Parsi and Jain—who have been illegally residing in India without any valid documents can apply for Indian citizenship provided they can prove that they faced religious persecution in any of the three neighbouring countries of Afghanistan, Pakistan and Bangladesh, and entered India on or before December 31, 2014. It is not a policy for granting asylum or refugee status; it is about speeding up and streamlining the process of granting citizenship to a group of people who have already been residing in the country. The scope of inclusion of other communities can be debated, but this law must not be confused with a refugee policy.
The way forward?
As per the announcement from the Spokesperson of the External Affairs Ministry, Arindam Bagchi, the Ministry will be issuing a new category of Electronic Visa called "e-Emergency X-Misc Visa," to speed up the applications requesting entry into India from Afghanistan.
"MHA reviews visa provisions in view of the current situation in Afghanistan. A new category of electronic visa called 'e-Emergency X-Misc Visa' introduced to fast-track visa applications for entry into India," the spokesperson for the MHA said in a tweet.
While these Visas might be only for a temporary period, the future for these Afghan refuges remains uncertain. With struggles to access even the most basic of amenities, the future of the Afghan refugees remains in a constant cloud of doubt.
Comments