Protecting the Displaced: A Critical Analysis of Refugee Rights in Current Scenario

Abstract

India hosts over 273,000 refugees from various neighboring countries, yet lacks a comprehensive legal framework to protect their fundamental rights. This research paper critically examines the current state of refugee rights in India, analyzing the legal, institutional, and humanitarian challenges faced by displaced populations. Despite India's long tradition of providing refuge to persecuted communities, the absence of domestic refugee legislation and non-ratification of the 1951 UN Refugee Convention creates significant protection gaps. The implementation of the Immigration and Foreigners Act, 2025, and the discriminatory provisions of the Citizenship Amendment Act (CAA) 2019 have further complicated the refugee landscape, particularly for Muslim minorities like the Rohingya. Through qualitative analysis of recent legal developments, court judgments, international obligations, and academic literature, this study explores India's ad hoc approach to refugee protection, the principle of non-refoulement under international law, differential treatment of refugee populations, and the urgent need for comprehensive refugee legislation. The research employs a multi-dimensional analytical framework examining five pivotal domains: insufficiency of legal safeguards, ambiguity and inconsistent treatment, restricted access to essential services, susceptibility to exploitation, and burdens on host communities. This study argues that India must establish a rights-based refugee framework that balances humanitarian concerns with national security interests while upholding constitutional values of equality and dignity.