CITIZENSHIP OF REFUGEES – ANALYSIS ON INDIAN CONTEXT AND THE UNHCR’S ROLE

By Neetu

Course: B.A program (Economics major+ history minor)

College : Motilal Nehru College (Delhi University)

Introduction:

Refugees often face uncertain and unequal treatment in many countries, including India, because there is no clear legal framework defining their rights or status. Without proper laws, refugees are left vulnerable to arbitrary government actions and lack access to basic protections and justice.

Citizenship and Its Meaning:

Citizenship is the official recognition of a person as a member of a state with equal rights and duties. It connects individuals to the political community of a nation, granting them access to fundamental privileges such as legal protection, social welfare, and political participation. However, citizenship can also be exclusive, reinforcing barriers for non-citizens and immigrants.

In India, citizenship is governed by the Constitution and the Citizenship Act of 1955, which set out how it can be obtained (by birth, descent, naturalisation, etc.). But these laws do not address situations of statelessness or clarify how refugees recognised by international bodies like the UNHCR can secure citizenship, leaving many in legal limbo.

Refugees in India:

International law defines refugees as people forcibly displaced due to fear of persecution. Unlike voluntary migrants, refugees haven’t chosen to leave their home country. Since India lacks a specific refugee law, protection and treatment vary widely, often depending on political preferences rather than consistent legal standards.

Historically, India has hosted large refugee movements, from Partition and the Bangladesh war to more recent displacements. Some groups, such as Sri Lankan Tamils and Tibetans, have received relatively better treatment, while others, particularly Muslim refugees like the Rohingya, face discrimination, detention, and lack of legal recognition.

Total Refugee Population: According to UNHCR data, as of late 2023, India hosts roughly 250,000 to 300,000 refugees and asylum seekers.

​Major Groups: The largest groups include approximately 92,000 Sri Lankan Tamils (many living in government-run camps in Tamil Nadu) and about 72,000 Tibetans.

Statelessness and the Rohingya Crisis:

Statelessness occurs when a person is not recognised as a national by any state. The Rohingya are a stark example: driven out of Myanmar, they lack citizenship there and are often not formally recognised in host countries like India and Bangladesh. This leaves them unable to access employment, education, and basic rights, deepening their vulnerability.

There are an estimated 20,000 to 40,000 Rohingya refugees in India, though only around 20,000 are formally registered with the UNHCR.

When citizenship is tied strictly to nationality, refugees like the Rohingya are effectively excluded from social, political, and economic life, worsening their marginalisation.

Recent Citizenship Laws:

The Citizenship (Amendment) Act, 2019 (CAA) and the National Register of Citizens (NRC) have sparked significant debate in India. CAA offers a path to citizenship for certain persecuted religious minorities from neighbouring countries, but critics argue it discriminates based on religion and excludes Muslim refugees. NRC has been used in attempts to identify non-citizens, leading to anxiety and protests.

These developments highlight how citizenship laws can become deeply political, affecting who is included or excluded from the national community.

Refugees and Constitutional Rights:

While the Indian Constitution doesn’t explicitly define “refugees,” non-citizens and asylum seekers in the country can still enjoy fundamental rights such as equality before the law and protection of life and liberty. Court decisions have reinforced that these rights extend to foreigners, even as administrative practices remain inconsistent.

As India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, all refugees are legally classified as "foreigners" under the Foreigners Act of 1946, which grants the government broad powers to detain or deport non-citizens.

Need for a Clear Refugee Law:

India’s refugee policy remains ad hoc without a comprehensive legal framework. This lack of clarity leads to unequal treatment and uncertainty for refugee communities. Although India hasn’t ratified the 1951 Refugee Convention or its 1967 Protocol, international human rights treaties it has ratified still imply obligations to protect refugees.

Role of UNHCR in Refugee Citizenship Issues:

The United Nations High Commissioner for Refugees (UNHCR) plays a critical role in addressing the gap between refugee protection and citizenship rights:

Global Standards and Advocacy: UNHCR promotes international norms for refugee protection, including advocating for non-discriminatory access to citizenship and legal status.

Legal Assistance and Guidance: It helps governments and refugees navigate documentation, statelessness determination, and pathways to nationality where possible.

Statelessness Prevention: Through its work on statelessness conventions, UNHCR pushes for solutions where lack of citizenship exposes refugees to long-term exclusion.

Monitoring and Support: The agency collects data, identifies protection gaps, and supports policy reforms that can lead to more inclusive nationality laws for refugees.

By working with states and international partners, the UNHCR encourages legal frameworks that allow refugees to access rights that usually accompany citizenship—such as education, employment, and social welfare—whether through naturalisation, documentation, or alternative status recognition.

Conclusion:

Citizenship plays a crucial role in securing stability, dignity, and equal rights for refugees. In the absence of clear and uniform refugee laws, many refugees continue to live in uncertainty and face discrimination in accessing basic rights. In such situations, the UNHCR serves as an important safeguard by advocating for refugee protection, preventing statelessness, assisting with legal documentation, and encouraging states to adopt fair and inclusive nationality policies. Ultimately, a balanced and humane legal framework is necessary to ensure that refugees are not excluded but are given an opportunity to live with security, dignity, and justice.