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Take a look at the essential events, concepts, terms, quotes, or phenomena every day and brush up your knowledge. Here’s your UPSC Current Affairs knowledge nugget for today on Refugees in India.
The Supreme Court on 31st July said the first major issue to be dealt with in cases concerning Rohingya is whether they are refugees or illegal entrants. The court observed this while hearing a batch of pleas concerning Rohingya whose presence in India has frequently led to discussions on national security and the infiltration of foreigners into the country. In this context, let’s take a look at the definition of a refugee and their status in India.
1. A large number of refugees from Sri Lanka, Tibet, Myanmar and Afghanistan – at least 2,09,028, according to a report by the National Human Rights Commission published in July 2024 – live in India. However, in India, while the Citizenship Act, 1955, defines an “illegal immigrant”, there is no definition of a “refugee”.
2. On a global level, the United Nations Convention on the Status of Refugees (1951) defines refugees as people who have been forced to flee their country of origin and are unable or unwilling to return due to a “well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion”.
3. The UN Convention also lays down the obligations of states to protect refugees and grant them a minimum standard of care. The convention has been signed and ratified by 149 UN member states. However, India is one of the 44 UN member states that is not a signatory to the UN refugee treaty.
4. There is no national refugee law in India, which means that India does not legally recognise refugees or distinguish between refugees and other foreign nationals entering Indian territory.
| History of Geneva Refugee Convention |
| The Geneva Refugee Convention (formally known as the “Convention and protocol relating to the status of refugees”) is an indispensable foundation of international refugee protection. In the aftermath of World War II and in the face of growing political tensions between East and West, the United Nations adopted the convention in Geneva in 1951. Initially, it was limited to protecting mainly European refugees immediately after World War II. To reflect the changing situation worldwide, a 1967 protocol expanded the convention’s scope. |
1. The Citizenship Act, 1955, defines an illegal immigrant as a foreigner who enters India without valid travel documents or who stays in India beyond the expiry of the documents. Such a person is ineligible to apply for citizenship of India.
2. The Citizenship (Amendment) Act of 2019 excluded Hindu, Sikh, Buddhist, Jain, Parsi, and Christian persons from Afghanistan, Bangladesh, and Pakistan from the definition of “illegal migrants” if they entered India on or before December 31, 2014.
3. As per this definition, Rohingya are illegal migrants and cannot apply for Indian citizenship.
According to the Immigration and Foreigners Act, 2025,
1. All foreigners are required to possess travel documents such as a passport and visa to enter and stay in India.
2. A foreigner who enters Indian territory without valid documents faces imprisonment up to five years or a fine of up to Rs 5 lakh.
3. Foreigners who enter legally but stay beyond the expiry of their travel documents face up to three years in jail or a fine up to Rs 3 lakh.
1. The Rohingya, described by the United Nations as “the most persecuted minority in the world”, belong to Myanmar’s coastal Rakhine state, but are not recognised by that country’s constitution. Sectarian violence and a crackdown by the military have driven out nearly all of the 1.4 million Rohingya, most of whom now live in refugee camps in Bangladesh.
2. The UN has said the flight of the Rohingya following the Myanmar military crackdown in Rakhine state in 2017 had created the world’s biggest refugee crisis. Myanmar maintains that the Rohingya, who are predominantly Muslim, are illegal immigrants from Bangladesh.
World Refugee Day is a global observance established by the United Nations, dedicated to honouring the strength and resilience of refugees worldwide. This day also emphasises the importance of advocating for their rights. The day was first observed globally on 20 June 2001, to mark the 50th anniversary of the 1951 Convention on the Status of Refugees.
Formerly known as Africa Refugee Day, it was changed to this day when the United Nations General Assembly declared it an international day in December 2000.
The theme of World Refugee Day was “Solidarity with Refugees”, a call for action to move beyond mere words and take meaningful actions to support them.
Consider the following statements regarding the refugees:
1. The UN Convention relating to the Status of Refugees, 1951, lays down the obligations of states to protect refugees and grant them a minimum standard of care.
2. There is no national refugee law in India.
3. India is not a signatory to the UN Refugee Treaty.
How many of the statements given above are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
| Answer Key |
| (c) |
(Sources: First major issue whether Rohingya refugees or illegal entrants: SC, Are the Rohingya ‘refugees’? Supreme Court will consider – but there is a problem)
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