India’s refugee crisis exposes gaps in constitutional protections
India has long been a refuge for those fleeing persecution, yet it remains one of the few major nations without a dedicated refugee law. The country is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, leaving protection efforts to rely on constitutional rights, court rulings, and international norms.
India’s approach to refugees currently depends on a mix of constitutional safeguards and judicial interpretations. Article 14 of the Constitution bars arbitrary discrimination against non-citizens, while Article 21—expanded through court judgments—requires the state to shield all individuals within its borders from threats to life, liberty, or persecution. These protections align with India’s obligations under the International Covenant on Civil and Political Rights (ICCPR), which forbids exposing anyone to torture or inhuman treatment.
Without a codified refugee law, India’s protection framework stays fragmented. Constitutional rights and court decisions provide some safeguards, but gaps persist in how refugees are identified, treated, and defended. Addressing these issues would require legislative action or international commitments to ensure consistent, fair treatment for those seeking sanctuary.
