The Supreme Court (SC), while hearing petitions related to deportation and living conditions of Rohingya refugees, highlighted that they cannot claim reliefs based on the UNHCR cards.
- UNHCR (UN High Commissioner for Refugees) is a global organization to protect refugees, forcibly displaced communities, and stateless people.
- India is not a signatory to the 1951 Convention on Refugees and its 1967 Protocol.
Statutory Provisions in India related to Refugees and Deportation
- India does not have a separate law to deal with ‘refugees’. Thus, case for refugee ‘status’ are considered on a case-by-case basis based on the policy of bilateralism.
- Refugees come under the definition of ‘alien’ and ‘foreigners’.
- Foreigners Act, 1946: Section 3 of the Foreigners Act vest the Central Government with powers to detain and deport foreign nationals staying illegally in the country.
- Passport (Entry into India) Act, 1920: Centre may direct the removal of any foreigner from India who enters India without passport & visa.
- According to Articles 258(1) and 239(1) of the Constitution, States/UTs are also entrusted with these powers.
Other Provisions
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