Role of International Law and India’s stand;

INTRODUCTION

Human rights are certain rights that are vested in every person by virtue of his/her being a human being. From birth, everyone has the same rights and dignity. These moral affirmations are basic to all Human beings, regardless of caste, race, faith, or religion, simply because of their humanity. These universal rights are inherent to us all, regardless of nationality and etc. They range from the most fundamental – the right to life – to those that make life worth living, such as the rights to food, education, work, health, and liberty. Human rights are also known as inherent rights, birth rights, natural rights, fundamental rights, and basic rights. Human rights are not static or set concepts; they are continually developing and changing. It’s like a seed that, once planted, develops slowly and gradually, producing roots, shoots,branches, leaves, and fruits. Migration is an essential aspect of human history, shaping demographic patterns and influencing the socio-economic and cultural landscapes of nations.

People move across borders for numerous reasons, including economic opportunities,conflict, climate change, and political instability. Among these movements, two distinct categories refugees and migrants have emerged as critical topics in global policy and governance. These terms, though sometimes used interchangeably, have different legal,political, and social implications .While both groups seek better living conditions, their motivations and legal status differs significantly. Understanding the distinctions between refugees and migrants is crucial for developing effective policies that ensure their rights and well-being. International Humanitarian Law (IHL) plays a pivotal role in safeguarding the rights and dignity of vulnerable populations, such as refugees and migrants, especially in conflict zones and areas affected by persecution. The role of IHL in protecting these populations is multifaceted, encompassing both legal frameworks and humanitarian principles to ensure their safety, well-being, and fundamental rights.

Who are migrants and refugees

Approximately 3.6% of the world’s population, or 281 million individuals, presently reside outside of their nation of origin; many of these migrants have experienced some form of coercion. A growing number of migrants are compelled to leave their countries of origin despite the fact that many migrants decide to do so each year for a variety of complex reasons, such as poverty, lack of access to healthcare, education, water, food, and housing,the effects of environmental degradation and climate change, and more “traditional” causes of forced displacement like persecution and conflict. Since the 1980s, a growing number of individuals have crossed international boundaries without using conventional, regulated migration channels, whether by land, air, or water. Historically, policy debates on these sorts of movements have placed security and control over rights. One of today’s most pressing humanitarian issues is the global refugee and migration crises. It is difficult for the international community to protect these vulnerable groups since millions of people flee their homes due to conflicts, natural disasters, and socioeconomic injustice. The legal basis for protecting the rights and dignity of refugees and migrants is provided by international humanitarian law, or IHL, which is essential in this context.

Refugees

As Defined under article 1 of the 1951 Refugee Convention and its 1967 Protocol, “who lacks a nationality and is outside the country of his former habitual residence, and who is unable or unwilling to return there because of well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion; or who is outside the country of his nationality and is unable or unwilling to avail himself of the protection of that country due to such fear. While traditional refugee definitions focus on persecution and conflict, recent discussions have expanded to include

individuals displaced due to climate change, economic collapse, and human rights violations.

Organizations like the UNHCR and IOM advocate for broader protections, recognizing that modern displacement issues often transcend the classic refugee framework.As a result of ongoing international conflicts, political unrest, and climate change, the issue of refugees is still very relevant today. Mass displacement brought on by wars in places like Afghanistan, Syria, and Ukraine has put tremendous strain on both host and neighbouring nations. Refugee protection has become a humanitarian priority due to the intensification of forced migration caused by the rise of authoritarian regimes and ethnic conflicts.

Migrants

The UN Migration Agency, International Organization for Migration (IOM), defines a migrant as any person who is moving or has moved across an international border or within a State away from his/her habitual place of residence, employment,education, family reunification, and better living conditions. These individuals are not forced in order to find better opportunities, to relocate from their country and leave their homes. These individuals willingly leave their country and are granted permission to live in another country.

One of the most prevalent forms of migration is economic migration, in which people relocate in pursuit of better employment prospects, better living conditions, or greater incomes. Migrants frequently move to cities in order to obtain health care, education, and a better quality of life that may not be accessible in their home areas.

A International view of Refugees and Migrants

The international community has established several legal frameworks to protect and manage refugees:

1.1951 Refugee Convention: This treaty, along with the 1967 Protocol, defines who qualifies as a refugee and outlines their rights and the obligations of states to protect them.

2.United Nations High Commissioner for Refugees (UNHCR): Established in 1950, UNHCR oversees refugee protection and assistance worldwide.

3.The Global Compact on Refugees (2018): This agreement aims to improve refugee protection and promote burden-sharing among nations.

International Legal Framework for Migrants-Unlike refugees, migrants does not have a singular binding international treaty to protect their rights. However, the following agreements and organizations work toward their welfare:

1.International Organization for Migration (IOM): Works to promote humane migration management.

2.The global compact for safe,orderly and regular migration, 2018: A non-binding agreement that aims to enhance cooperation on international migration.

Indian Perspective of Refugees and Migrants

India has been both a source and destination for migrants and refugees throughout its history. It hosts large populations of refugees from Tibet, Sri Lanka, Myanmar, Afghanistan, and Bangladesh. However, India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol. Instead, it follows an ad-hoc policy toward refugees. India’s Approach to Refugees-

1.No Uniform Legal Framework: India lacks a dedicated refugee law and deals with refugee issues through administrative policies.

2.Foreigners Act, 1946: This act governs the entry, stay, and exit of foreigners, including refugees, treating them as “foreigners” rather than a distinct category.

3.Citizenship Amendment Act (CAA), 2019: This law offers a pathway to citizenship for persecuted minorities from Pakistan, Afghanistan, and Bangladesh but has been criticised for excluding certain refugee groups like Rohingya Muslims.

India’s Approach to Migrants-India is both a significant source of international migrants and a destination for migrants from neighbouring countries.

1.Emigration Act, 1983: Regulates the migration of Indian workers abroad, ensuring their welfare and protection.

2.India-Bangladesh Migration: A significant issue involving undocumented migration due to economic and social factors.

3.National Register of Citizens (NRC): A controversial measure aimed at identifying illegal migrants in Assam, leading to concerns about statelessness.

Agencies monitoring refugee and migrant unrests

Numerous organizations monitor the movements of immigrants and refugees to protect those who attempt to assert their rights and strive to ensure that the right of those who are persecuted to seek asylum and protection remains valid.

The U.N. High Commission for Refugees (UNHCR)

The UNHCR is an organ of the U.N. Organization, established in 1950, which works for the

protection of refugees, forcibly displaced communities and assists in their repatriation. The UNHCR won two Nobel Prizes for its work in 1954 and 1981.It was founded as a subsidiary of the General Assembly and had primarily replaced the International Refugee Organization since it fell out of favour, post World War II.

The U.N. Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)

The UNRWA acts as a subsidiary to the United Nations that exclusively works for the welfare and voluntary repatriation of Palestinian refugees, to mitigate the disastrous aftereffects of the Palestinian war of 1948.

The U.N. International Organization for Migration (UNIOM)

The UN IOM, set up in 1951, is an organization that works towards the humane and just treatment of migrants. With a roster of 173 members of governmental, inter-governmental, and non-governmental bodies, the organisation aims at attaining well facilitated and developmental migration, ultimately ensuring Freedom of Movement for the displaced.

Organisation for Economic Co-operation and Development (OECD)

OECD is a global economic organisation with an intergovernmental framework spanning 37 member nations. Founded in 1948, initially as the Organization for European Economic Co-operation, OECD works for many objectives such as emigrational economics, integration of politics and economies, monitoring of emigrational factions, etc.Amnesty International (AI)

Amnesty International (AI)

Amnesty International or A.I. is a non-governmental organisation, headquartered in the UK. AI works to enforce the rights in the U.N. Declaration of Human Rights, comprising eight million members worldwide. It aims at promoting tranquillity concerning the procurement of Human Rights and works towards disarmament of abusive campaigns preaching hostility against refugee groups.

Rights of Migrants and Refugee

Universal Declaration of Human Rights applies to every living being from the day of his birth to death. The people among the territory of various nations especially the refugees and migrants are protected under these articles and various other Conventions. Some of the important rights available to the Refugees and Migrants are;

i. Right to freedom from torture or inhumane treatment,

ii. Right to freedom of opinion and expression,

iii. Right to freedom of thought, conscience and religion,

iv. Freedom from discrimination,

v. Right to asylum,

vi. Right to family,

vii. Non-Refoulement,

i.Right to Freedom from Torture or Inhumane Treatment: According to Article 5 of the 1948 Universal Declaration of Human Rights, “No one should be subjected to torture or cruel,inhuman, or degrading treatment or punishment.” This indicates that protecting refugees and

migrants from cruel treatment is necessary to fulfill the objectives of the Convention. When someone is subjected to severe bodily or emotional pain, it is considered inhumane treatment or punishment. Among other things, it involves severe physical assault. Interrogation psychologically, cruel or savage confinement or circumstances of captivity.

ii.Right To Freedom Of Opinion And Expression: Article-2 of the Universal Declaration of Human Rights states that everyone has the right to freedom of opinion and expression and no distinction be made based on race, colour, sex, national or social region, birth, place. It is

pertinent to note that this right disallows any form of discrimination based on the political, jurisdictional, or international status of the country or territory to which a person belongs. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it is independent, trust, non-self-governing or under any other limitation of sovereignty.

iii.Right to freedom of thought, conscience and religion-Article 18 of the Universal Declaration of Human Rights states that everyone has the right to freedom of thought, conscience, and religion which includes changing his/her religion or belief, manifesting his/her religion in teaching, worship, etc. No person, even if he or she is a migrant or has refugee status, is forced to change his religion.

iv.Freedom From Discrimination: All are equal before the law and are entitled without any discrimination to equal protection of the law,” according to Article 7 of the Universal Declaration of Human Rights. This implies that all people are equal in the eyes of the law and that no one should be treated equally. Here, discrimination against refugees and migrants pertains to fundamental needs like food, safety, the right to be free from exploitation, and housing, rather than opportunities that are exclusive to citizens.

v.Right to Asylum: Article 14 of the Universal Declaration of Human Rights states that every person has the right to seek and to enjoy in other countries asylum from persecution. It is further stated that this right may not be invoked in the case of prosecutions genuinely arising from non-political crimes. Asylum, in international law, the protection granted by a state to a foreign citizen against his own state. The person for whom asylum is established has no legal right to demand it, and the sheltering state has no obligation to grant it. Article 1(A)(2) of the 1951 Convention defines a refugee as an individual who is outside his or her country of nationality or habitual residence who is unable or unwilling to return due to a well-founded fear of persecution based on his or her race, religion, nationality, political opinion, or membership in a particular social group. Applying this definition, internally displaced persons (IDPs) including individuals fleeing natural disasters and generalized violence, stateless individuals not outside their country of habitual residence or not facing persecution, and individuals who have crossed an international border fleeing generalized violence are not considered refugees under either the 1951 Convention or the 1967 Optional Protocol.

vi.Right To Family: The family is the natural and essential group unit of society and is entitled to protection from both the state and society, according to Article 16 of the Universal Declaration of Human Rights. Every individual is also granted the right to get married and have children. All workers have the right to fair and favourable compensation under Article 23, which guarantees them and their families a life worthy of human dignity. This right may be enhanced, if needed, by other social protections.

vii.Non-refoulement: According to Article 33(1) of the 1951 Convention on the Status of Refugees, states are required to refrain from sending a refugee back to a place where his life or freedom would be in danger because of his race, religion, nationality, membership in a certain social group, or political beliefs. Everyone agrees that this is a human right. Human rights treaties, like Article 3 of the Convention against Torture (1987) and Article 22(8) of the American Convention on Human Rights (1969), specifically mention it.

Challenges faced by refugees and migrants worldwide and especially in India

A 281M total estimated international migrants:15% of which below 20-years old, 73% of working age, 12% 65-years and older.58.7M in Northern America,86.7 M in Europe 85.6M in Asia,14.8M in Latin America and the Caribbean,25.4M in Africa 9.4M in Oceania have been recorded who have migrated in mid 2020 due to various reasons. These Refugees and migrants encounter numerous challenges that impact their well-being, rights, and ability to integrate into host communities. These challenges vary based on legal frameworks, socio-political conditions, and economic opportunities available in host countries. In India, the situation is further complicated by the absence of a dedicated refugee policy, economic disparities, and geopolitical tensions

1. Legal Uncertainty: One of the most pressing issues for refugees and migrants is the lack of a clear legal framework. While international conventions provide protection for refugees,many countries, including India, have not signed the 1951 Refugee Convention or its 1967 Protocol. These results in refugees being treated under general immigration laws, leading to limited legal recognition and rights. The risk of deportation and arbitrary detention, Lack of access to identity documents, making it difficult to obtain employment, education, and healthcare.

2. Economic Hardships and Unemployment– Refugees and migrants often struggle to find stable employment due to legal barriers, discrimination, and competition with local labor forces. Many are forced into informal or exploitative jobs with low wages, poor working conditions, and no social security benefits. In India, refugees from Myanmar, Bangladesh, and Afghanistan often work as daily wage labourers, facing: Exploitation by employers due to their undocumented status, the inability to access formal banking systems and financial aid, job insecurity and lack of career progression opportunities.

3. Social Discrimination and Xenophobia-Refugees and migrants frequently experience discrimination, racism, and xenophobia in host countries. Misinformation and political narratives often portray them as economic burdens or security threats, leading to: Social exclusion and difficulty in community integration, Violence and hate crimes, Limited access to housing, education, and healthcare due to bias from authorities and service providers.

4. Statelessness and Identity Crisis– Many migrants and refugees remain stateless due to the lack of legal documentation, further complicating their access to basic rights. This issue is particularly evident in: Rohingya refugees in India, who lack citizenship and face deportation threats, the National Register of Citizens (NRC) initiative in Assam, which rendered many people stateless, Children born to undocumented migrants who have no legal nationality.

5. Health and Sanitation Issues– Access to healthcare is a significant challenge for refugees and migrants. Many lack proper medical insurance and are unable to afford private healthcare services. Refugee camps and informal settlements often have inadequate sanitation and hygiene facilities, leading to: Increased vulnerability to diseases such as tuberculosis, malaria, and malnutrition, Limited maternal and child healthcare services, Mental health challenges due to trauma, displacement, and uncertainty.

6. Gender-Based Violence and Exploitation– Women and children among refugees and migrants are at a higher risk of gender-based violence (GBV), including human trafficking,sexual abuse, and forced labor. Women refugees often lack protection mechanisms, leading to: Higher rates of domestic violence and exploitation, Limited access to reproductive healthcare and education, increased vulnerability to human trafficking networks in South Asia.

7. Education Barriers– Many refugee and migrant children face difficulties accessing education due to legal restrictions, language barriers, and financial constraints. In India, while some NGOs and private institutions provide education, challenges remain, such as: Ineligibility for formal schooling due to lack of identity documents, Language differences that hinder learning progress, Early dropout rates due to economic pressures on families.

8. Lack of Humanitarian Aid and Institutional Support- Refugees and migrants depend heavily on humanitarian organizations for basic necessities. However, funding limitations, policy restrictions, and political resistance often hinder effective aid delivery. In India, limited assistance from UNHCR and government agencies means that refugees must rely on: Community networks and informal support systems, NGOs and religious organizations for food, shelter, and healthcare, Self-sustaining economic activities despite legal and financial obstacles.

9. Climate Change and Environmental Displacement– The growing impact of climate change has exacerbated forced migration, particularly in coastal and disaster-prone regions. Rising sea levels, cyclones, droughts, and flooding have displaced millions, leading to: Increased rural-to-urban migration and pressure on city infrastructure, Statelessness for island nations and communities with no legal recognition as refugees, Conflict over resources in host regions, creating tensions between migrants and local populations.

Recent developments concerning migrants and refugees

1.Deportation of Indian Migrants from the U.S.– The United States deported 104 Indian nationals who had entered the country illegally at the beginning of February 2025. An American military plane took them back to Amritsar, Punjab. There were complaints in the Indian Parliament as reports surfaced that the deportees were confined during the flight. The government’s handling of the crisis was condemned by opposition politicians, who also called for clarification on steps to avoid future occurrences of this kind. Dr. S. Jaishankar, the minister of external affairs, recognized the use of limitations and underlined the necessity of addressing illegal migration while guaranteeing deportees get decent treatment.

2.Deportation of Myanmar Refugees– india started deporting Myanmar refugees who had sought refuge after the military takeover in 2021 in March 2024. India has previously granted visa-free travel to Myanmar people in specific border regions, therefore this action signaled the start of a change in policy. The choice to deport was a component of a larger plan to handle security issues and cross-border migration.

3.Pakistan’s Planned Deportation of Afghan Refugees-Pakistan’s intention to deport thousands of Afghan refugees who are waiting to be resettled in the US and other nations has drawn criticism from UN agencies. There are still over 20,000 Afghans in limbo who were authorized for resettlement in the United States because of the dangers of working with American organizations. The International Organization for Migration (IOM) and the UN High Commissioner for Refugees (UNHCR) have called on Pakistan to respect human rights norms and acknowledge these Afghan nationals’ legal status.

These cases highlight the complex challenges nations face in balancing security , humanitarian obligations, and international relations concerning migrants and refugees.

Way Forward to Protect the rights of the Refugees and Migrants

Refugees and migrants constitute one of the most vulnerable populations globally, facing risks such as persecution, discrimination, lack of legal protection, and poor living conditions.

Despite international frameworks like the 1951 Refugee Convention and the Universal Declaration of Human Rights (UDHR), many countries struggle to provide adequate protection and support for these displaced individuals. The increasing global displacement due to conflicts, environmental disasters, and economic crises underscores the urgent need for a comprehensive, rights-based, and humanitarian approach to safeguard their well-being.

Some of the following steps can be followed in order to protect rights of these vulnerable populations;

1. Strengthening International Legal Frameworks;

a. Universal Ratification of Refugee Conventions- One of the biggest challenges in refugee protection is the inconsistent adherence to international laws. Many countries, including India, are not signatories to the 1951 Refugee Convention or its 1967 Protocol. Universal ratification and compliance with these treaties would ensure uniform rights and obligations for refugees across all nations.

b. Strengthening Regional Agreements-Since migration often involves cross-border movement, regional cooperation is essential. Organizations such as SAARC (South Asian Association for Regional Cooperation), ASEAN (Association of Southeast Asian Nations), and the African Union should adopt regional refugee frameworks to ensure collective responsibility for displaced persons.

c. Developing a Global Migration Compact-The Global Compact for Safe, Orderly, and Regular Migration (GCM) is a non-binding UN agreement that promotes human rights for migrants. However, more binding commitments from states, especially on non-refoulement(not deporting refugees to danger), are necessary to ensure accountability.

2. Implementing National Policies for Refugee and Migrant Protection;

a. Enacting Comprehensive Refugee Laws-Countries without specific refugee laws must establish clear legal frameworks for refugee status determination, asylum-seeking processes, and protection mechanisms. India, for instance, relies on the Foreigners Act (1946), which does not distinguish between refugees and illegal migrants. A separate refugee law would enable better protection and integration.

b. Ensuring Non-Discriminatory Policies-Many refugee and migrant policies are biased towards certain ethnic or religious groups. Laws like India’s Citizenship Amendment Act (CAA), 2019, which provides a pathway to citizenship for persecuted religious minorities except Muslims, must be re-evaluated to ensure inclusivity.

c. Strengthening the Role of National Human Rights Institutions-Governments should empower National Human Rights Commissions (NHRCs) to monitor refugee and migrant rights, investigate abuses, and recommend policy changes.

3. Enhancing Social and Economic Integration;

a. Access to Basic Rights: Education, Healthcare, and Employment-Governments should ensure refugees and migrants have access to education without discrimination. Initiatives like inclusive schooling programs and scholarships for refugee children should be expanded,healthcare access must be provided for refugees and migrants, particularly maternal healthcare for women and vaccinations for children, Governments should provide work permits and vocational training programs to help refugees integrate economically and become self-reliant.

b. Addressing Xenophobia and Promoting Social Inclusion-Public awareness campaigns should be launched to counter misinformation and reduce xenophobia. Political and media narratives often portray refugees as a “burden,” which fuels discrimination. Governments must promote inclusive policies to foster harmony between refugees and host communities.

4. Strengthening International and Humanitarian Cooperation;

a. Enhancing the Role of UNHCR and IOM-The United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM) play a crucial role in refugee assistance.

b. Strengthening Public-Private Partnerships-NGOs, businesses, and civil society groups should collaborate with governments to provide job opportunities, healthcare services, and education for migrants and refugees. Initiatives like corporate hiring programs for refugees can help integrate them into the workforce.

5. Monitoring and Accountability Mechanisms;

a. Establishing Independent Monitoring Bodies-Countries should create independent Refugee Rights Commissions to monitor refugee camps, detention centers, and border control operations.

b. Holding Perpetrators of Human Rights Violations Accountable-Instances of abuses, forced deportations, and illegal detentions must be investigated, and perpetrators should face legal consequences under international human rights law.

c. Strengthening Data Collection and Reporting-Governments and international agencies should maintain transparent databases on refugee populations, human rights violations, and migration trends to inform policy decisions.

Conclusion

A multifaceted strategy including legal, economic, social, and humanitarian measures is needed to protect refugees and migrants. To guarantee that these vulnerable groups receive the rights, respect, and opportunities they are entitled to, governments, international organizations, and civil society must work together. Realizing that migration is a human reality that should be welcomed and supported rather than a crisis that needs to be handled, the international community must strive toward a just, compassionate, and sustainable global refugee and migration system. By putting these suggestions into practice, we may work toward a society in which migrants and refugees are valued members of society rather than merely displaced people.

***