India in 21st Century: A need for a proper Refugee Law

Arbaz Muzaffer
Advocate, Jammu and Kashmir High Court, India
Dr. Rajesh Singh
Associate Professor, Parul Institute of Law, Parul University, India

Volume III, Issue IV, 2020

We live in a chaotic world and this fact doesn’t change when we actually give it a true look across the globe. Since the beginning of 20th century we have been witnessing wars in different ways one could have never imagined. From Nuclear weapons to Cold War, from persecution to people fleeing their homes, the world has witnessed it all. We, Human beings have always let ourselves down. We gave ourselves the Human Rights and we are the ones who are the sole violators of the same. We make laws and then we break and mold them as per our own wishes. During all this making and breaking of laws, it is the people who suffer the most. One of the worst possible scenarios that has been happening through these centuries is the people have been rendered homeless owing to wars happening inside and outside the countries all these years. The term which has been widely used to identify people who have fled to different countries as a result of these wars and the fear of being persecuted in their home country is “Refugee”. International Law has a very long history of development but when it comes to the identification of Refugees, this area is relatively new and was not even considered until the World War II. Now that we have several instruments that pertain to the people who have fled their homes and are regarded as Migrants, Refugees, Internally Displaced Persons, etc., many countries have signed them and provided protection and rights to the concerned. India, on the other hand has been always termed as one of the best countries known for its hospitality but when it comes to Refugee laws, it has refrained from signing the Convention on refugees and it also does not have its own national Law for Refugees. This research paper intends to comprehend why India has not signed the Refugee Convention of 1951 and why it needs a proper Refugee Law of its own.