Legal Challenges related to Refugee Rights in India

  • Ayesha Sharif and Mohammed Mubashir
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  • Ayesha Sharif

    Student at Bharati Vidyapeeth Institute of Management & Research (BVIMR), Department of Law, New Delhi, India

  • Mohammed Mubashir

    Student at Bharati Vidyapeeth Institute of Management & Research (BVIMR), Department of Law, New Delhi, India

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The following research paper delves into the complex legal landscape which governs the rights of different refugees taking refuge in India, shedding the light upon the challenges faced by the various asylum seekers within the country. India is not a signatory to the Refugee Convention of 1951 but still India has a significant population of the refugees, with diverse backgrounds and reasons for seeking the refuge. The absence or lack of a comprehensive legal framework within a country specifically addressing the rights of refugees creates a multitude of various legal challenges. The lack of a standardized refugee determination process is one of the prominent challenges which leads to uncertainty and inconsistent outcomes for asylum seekers. This issue exacerbates because of the absence of the legal definition for refugees , hindering the protection of the vulnerable individuals fleeing persecution. Furthermore, the limited access to legal representation for the refugees in India poses a significant obstacle to a just and fair adjudication process. The following research paper also explores the restrictions upon the rights of refugees to work and access education, exacerbating their vulnerability. Additionally, the absence of a clear mechanism for the durable solutions, such as resettlement or local integration, adds to the legal complexities faced by the refugees. Furthermore, the following research paper employs a comparative approach, analyzing international standards on rights of the refugees and contrasting them with the India legal framework. Through a detailed examination of policy documents and case laws, the following research paper identifies the potential areas for the improvement and suggests avenues for the legal reform. In conclusion, this research paper illuminates the pressing legal challenges confronting refugees in India and advocates for a more robust legal framework that aligns with international standards. Addressing these challenges is imperative to uphold the rights and dignity of the refugees seeking the refuge in the country.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 2067 - 2080


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