India's approach towards Asylum Seekers

According to the UNHCR, the UN refugee agency, asylum seekers are individuals who have sought international protection and whose claims for refugee status have not yet been determined, irrespective of when they may have been lodged. Refugees are individuals recognised under the 1951 Convention relating to the Status of Refugees, its 1967 Protocol, the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, those recognised in accordance with the UNHCR Statute, individuals granted complementary forms of protection, or those enjoying temporary protection. Since 2007, the refugee population has also included people in a “refugee-like situations”.

At the end of 2015, according to the United Nations refugee body, there were 2,07,861 persons of concern in India, of whom 2,01,281 were refugees and 6,480 asylum seekers. India has, over the years, offered shelter to Tibetans, the Chakmas of Bangladesh, Afghans and ethnic Tamil refugees from Sri Lanka.
India has not signed the 1951 United Nations Refugee Convention on the Status of Refugees, or its 1967 Protocol that stipulates the rights and services host states must provide refugees. India does, however, have an informal refugee regime broadly in line with international instruments. While it has no formal asylum policy, the government decides on granting asylum on an ad hoc and case-to-case basis.

In December 2015, Congress MP Shashi Tharoor introduced a Private Member’s Bill called the Asylum Bill, 2015, to provide for the establishment of a legal framework to consolidate and harmonise India’s refugee policies. Once a person applies for asylum, the Ministry of External Affairs will refer the matter to the Ministry of Home Affairs, which will process the request. In case the government takes a favourable decision, the person could be granted a long-term visa that would have to be renewed every year. Exiled Bangladeshi writer Taslima Nasreen, who left Bangladesh in 1994 amid threats from fundamentalists for alleged blasphemy, has been given an Indian visa continuously since 2004.

Sri Lankan Tamil refugees are broadly classified as “camp refugees” and “non-camp refugees” based on socio-economic parameters. They cannot vote or own land in India, but are allowed to own cattle and purchase items for domestic use. Sri Lankan Tamil refugees are issued individual and family identity cards with details of names of family members, age, relationship, gender, date and location of arrival in India, education and their erstwhile address in Sri Lanka. In July 2016, the government approved a number of facilities aimed at easing difficulties faced by minority communities — Hindus, Sikhs, Buddhists, Jains, Parsis and Christians — of Afghanistan, Bangladesh and Pakistan staying in India on Long Term Visas. They were allowed to open bank accounts, purchase property for self-occupation and suitable accommodation for carrying out self-employment, take self-employment, and obtain driving licences, PAN cards and Aadhar numbers.

Earlier, in September 2015, the entry and stay of Hindus, Sikhs, Christians, Jains, Parsis and Buddhists from Pakistan and Bangladesh who came to India fearing religious persecution, either without valid documents or with documents whose validity had since expired, had been regularised by the government.

By: Jasmeet Singh