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Reasonability to CAA, NRC

In the very inception of time people migrated looking for conducting survival needs. As settlement became territorial claim, abyss of power, compulsive predilection of colonizing and unfair religious persecution resulted in mistrust and displacement. Such displacement uprooted masses to move in search of better place to live. Conquering hordes, such as Mongols, Turks, Greek and Romans empires are examples that colonized the people of alien land. These colonizing resulted in people being vulnerable for their culture which led to hegemonicintentions and religious differences which ignited desire for ethnic cleansing.

History of Internal Displacement in India

India in its existence has witnessed events where people were displaced. In ancient India people migrated for trade, for survival and conquering lands. Later in period of time girls and women were kidnaped and smuggled in Arabic countries. In modern times, after independence India was divided into two parts Pakistan and India, and was decided for Hindus to live in India and Muslims in Pakistan which resulted in migration of Muslims living in India to Pakistan and Hindus living in Pakistan to India which led to human massacre, and left Kashmir as an issue which also led to migration of Kashmiri Pandits.

Major conflicts causing internal displacement of people IDP

After Independence North-East India has witnessed two major armed conflict:
  1. The Naga Movement- led by National Socialist council of Nagaland.
  2. The Assam Movement- led by All Assam Student Union.
    The violent retaliatory responses from the government to the secessionist continued to generate a steady flow of displaced people.
  3. Kashmir's War- The killing of Kashmiri Pandits by the fundamentalist secessionist group in war between state forces and militants. This created widespread political instability and violation of Fundamental Rights which led large scale massacre and displacement of Kashmiri Pandits.

Refugee Laws in India

Illegal immigrants are not considered as refugees as India is not part of UN 1951 convention, in India multiple groups such as Tibetans, Sri Lankan Tamils, people affected by 1972 explosion of Ugandans of Indian origin, Indic-origin religious minorities, people who were persecuted due to religious minority in other nation, victims of 1971 Bangladesh genocide.

In India refugee are considered in the ambit of term alien which appears in Foreigners Act, 1946 under which the central Government is empowered to regulate the entries of aliens into India. The Registration Act,1939 registers foreigners entering, being present, and departing from India. The Passport Act,1967 deals with the powers of Government to impose conditions of passport for entry into India.

Refugees into India due to external aggression

  1. Tibetans

    From 1950-1987 it was sufficient to be born in territory of India to be a citizen of India, but this was amended in July 1st 1987. A person born in India would be considered as citizen of India if at least one parent was citizen of India. Dalai Lama fled to India as Chinese troops crushed an attempt uprising in Tibet. Dalai Lama fled Tibet and took refuge in India in 1959, a large number of Tibetans followed him into India. Tibetan refugees were provided a registration certificate, under Passport act provisions. Children of Tibetans born between 1959 to 1987 were citizens of India by birth. However without consideration of their citizenship these children also were issued registration certificates which recorded them as Tibetans, the laws applicable to foreigners and refugees were applied to them. These citizens were treated as foreigners in their own country.
  2. Sri Lankan

    Immediately after the Independence in 1948 Sri Lankan Parliament passed law labelled- Ceylon Citizenship act which discriminated against Tamils of South India Origin whose ancestors had settled in Sri Lanka in 19th and 20thcentury, over seven lakh people were left stateless. In 1964then India's Prime Minister Lal Bahadur Shastri and Sirimavo Bandaranaike signed a pact to repatriate the population of stateless Tamils. In 1984 after Sri Lankan Civil War, thousands of Sri Lankan Tamil refugees arrived in Tamil Nadu. After assassination of Rajiv Gandhi 54,188 refugees were repatriated to Sri Lanka, It is unwillingly to force Sri Lankan refugees to Sri Lanka against their will. By 2002 nearly 23,356 refugees came to Tamil Nadu. The flow of refugees stopped in 2002 because of cease fire agreement.
  3. Rohingyas

    The Indo-Aryan group following Islam, residing in Myanmar before 2017 crisis. Rohingyas are most persecuted minorities in world, Rohingyas are denied citizenship under the Myanmar Nationality Law, 1982. Most of the Rohingya population as result of religious persecution (genocide) was driven out to neighbouring country- Bangladesh. Rohingyas in Bangladesh are denied proper access to education and job, and kept in most crowded temporary camps. The Rohingyas are now stuck in desperation for food, education, health and better place to live. They try to enter into India from Bangladesh through Assam and West Bengal. After the arrest of these refugees they are kept in camps and start procedure to send them back where Bangladesh don't accept them.
  4. Minorities persecution

    Minorities of Indian origin in other states because of religious persecution, are given preferential citizenship in Citizenship Amendment Act, 2019. but in previous instances, in case of Gurinder Singh V. State Punjab, where two Afghan Sikhs from Indian origin fled persecution in Afghanistan were registered under UNHCR in New Delhi they were issued leave India notice U/S. 3 of Foreigners Act,1946. In this instance, a criminal writ petition was filed and interim stay on Leave India Notice was obtained.

Refugees and Indian legal framework

India is not signatory to 1951 Convention on refugees and the 1967 Protocol to it and does not have any law regarding refugees but India is signatory to other UN and voted affirmatively to adopt Conventions on Human Rights which affirms to treat all person, citizen, non- citizen alike. As party toConvention India is obligated to protect the human rights of refugees under Article 51(c) of The Constitution of India.

The Government of India deals with this fairly by granting refuge to various groups of refugees. Some group of people are recognized to give refuge while some are not, often keeping in view the security concerns of the nation. India accepted the principle of non-refoulement as contemplated in Bangkok Principles, 1966 which were formed for member state in respect to the status and treatment of refugees. In variety of cases India has not discriminated on the basis of religion as it can be seen as India granted refuge to Buddhist Tibetans, Hindus and Christians of Sri Lanka, Hindus and Muslims from East Pakistan (Bangladesh), Hindus, Muslims, Christians and Buddhists from Bangladesh and Sikhs and Muslims from Afghanistan.

India by the means of amending its basic laws provides citizenship and promises rights under The Constitution of India Art 14, 15(1), 20, 21, 22 (1), 22 (2), 25 (1), and other rights through Human Right conventions. India if becomes signatory to 1951 Refugee convention will be obliged to follow the provisions of the Conventions, despite having problems in its own nation.

The convention may bring up circumstances where India might have to negate security concerns of the nation as being surrounded by enemy neighboring nations and might keep borders of nation at stakes. Circumstantial amendments to different laws as to Citizenship act will be beneficiary than being obligatory to convention or international law.

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