Human Rights Law and Policy on Refugees A Critical Study - Akhilesh, Kumar
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The problem of migration has always been witnessed throughout the globe. History is full of instances where people have migrated from one place to another for one reason or the other. But the problem of migration becomes all together change when people have to cross the borders due to reason of violation of their basic rights and they feel themselves so much insecure on their land that they choose better to become refugees rather than to lose their lives. Refugee problem which the present world is facing today is not the new one. It is a crucial problem that international community has faced…mehr

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The problem of migration has always been witnessed throughout the globe. History is full of instances where people have migrated from one place to another for one reason or the other. But the problem of migration becomes all together change when people have to cross the borders due to reason of violation of their basic rights and they feel themselves so much insecure on their land that they choose better to become refugees rather than to lose their lives. Refugee problem which the present world is facing today is not the new one. It is a crucial problem that international community has faced since long time back and currently also the situation is grim. Whenever the world is torn by war and internal conflicts and human rights are gone under eclipse then certainly the refugee problem will arise. At international level the efforts were made to deal with the refugee issue which took the shape of 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. The term refugee was defined under this Convention along with certain obligations of the states who accept refugees have been inserted in it. The 1951 Convention is usually known as "Magna Carta" for refugees which lays down certain minimum standards to be complied with while dealing with the refugees. India has never been aloof from the refugee problem. It has always accepted refugees with open heart. Talking from the era of 1947 till date India has accepted thousands of refugees and has given them shelter when their own states have failed to give them protection. It has handled mass influx of refugees like Tibetans, Sri Lankan and refugees from West Pakistan. The generosity on part of India is no doubt there when it has given shelter to various refugees but the paradoxical situation exists here as there is no refugee specific legislation and because of this the laws which are applicable on foreigners are also applied on refugees. India has preferred to deal with refugees on bilateral basis rather than adopting a national law for them. Neither India has been signatory to the 1951 Convention Relating to the Status of Refugees nor its 1967 Protocol.