Membership In a Particular Social Group

The term "foreigner" refers to anyone who isn't an Indian citizen; however, it's important to
distinguish refugees from other types of foreigners. In India, many people are wary because they
don't grasp the difference between a "refugee" and "other foreigners," which has led to substantial
worries. Many Indians' views on the refugee situation's fundamental issues have been tainted due to
this misconception, exacerbated by the vast number of 'illegal immigrants from Bangladesh who
have spread across the country. Without making a clear line between 'refugees' and all other types
of 'foreigners,' our efforts to sensitize individuals in all social strata would be ineffective 1.

As a result of India's partition in 1947, several laws dealt with refugees, such as the East Punjab
Evacuees Act, 1947; the East Punjab Refuge & Land Claims Registration Act, 1948; and the Second
Emergency Act of 1949, which dealt with the administration of evacuee property 2. Also, upon the
inception of India's Constitution, some measures were passed: Displaced Persons Compensation and
Rehabilitation Act, 1954; Foreigners Law (Application and Amendment) Act, 1962; Refugee Relief
Taxes (Abolition) Act, 1973, etc. are examples of legislation aimed at preventing the influx of
Pakistanis into the United States. For refugees, Articles 14, 21, 22, 25-28, 32 and 226 of the
Constitution protects them. The Union of India argued the case of Louis De Raedt vs It that even
non-citizens had the right to live a life free from pain and suffering. After the right to life comes the
right not to be arrested or detained. Refugees from Burma were granted interim bail by the
Guwahati High Court, which showed chivalry by not requesting neighbourhood pledges.

In detention instances, the courts have also provided a broad translation so that the UNHCR can
determine the refugee's status. The Court ruled that inmates should be provided with food and
medical care because these are the bare necessities for survival. Refugees are also given the
freedom to practice and affirm their faith, subject to reasonable restrictions suitable for everyone,
including immigrants3. Peaceful gatherings and educational institutions are allowed for them. Rights
guaranteed by the Constitution can't be realized since refugees don't have the option of working or
getting a work permit. They may only be used for light, undemanding labour in the unorganized
sector. This diminishes their importance to the point that they are just puppets in the hands of the
state who have no means of employment. The case laws and Constitutional arrangements give us
the impression that there is an obligation to protect refugees. Still, the situation is hazy and exists
just for records since real practices are discretionary.

Human rights councils such as the UNHRC are crucial in ensuring the safety of refugees. The UNHCR
provides some services that the Indian government often overlooks. Because the UNHCR office has
determined their legal position and character, individuals can get a valid I.D., produce records
authorizing them to go abroad, establish a bank account, or even present ration cards. UNHCR and
the Central Government operate cooperatively. Every time there is a huge departure of people,
UNHCR relies on the information provided by its NGOs. This is problematic since many NGOs in India
are unaware of the precise number of evacuees. As a result, UNHCR cannot provide effective
assistance without the nation's participation. Passport Act, 1967, Registration of Foreigners Act,
1939, Foreigners Act, 1946, and Foreigners Order, 1948 are some of the other laws that deal with

1
ANANTHACHARI, 'Refugees In India: Legal Framework, Law Enforcement And Security - [2001] ISILYBIHRL 7'
(Worldlii.org, 2001) http://www.worldlii.org/int/journals/ISILYBIHRL/2001/7.html accessed 8 January 2022.
2
Brittany Vonow, 'Partition Of India – What Happened In 1947, Why Was Pakistan Created And Where’S The
Border Between The Nations?' (The Sun, 2017) https://www.thesun.co.uk/news/4238978/partition-of-india-
1947-pakistan-border/ accessed 8 January 2022.
3
Divya Vishal, 'Refugee Law And Policy In India - Indian Legal Solution' (Indian Legal Solution, 2021)
https://indianlegalsolution.com/refugee-law-and-policy-in-india/ accessed 8 January 2022.
refugees. No distinction is made between refugees and other foreigners like students, economic
migrants and guests under the Passport Act of 1967, which was passed in 1967 4. As a result, the
refugees pose a significant risk to migration experts and the illegal deportation of those without a
valid passport. Refugees should not be punished because they may depart in a state of instability
and not obtain a passport. Because of the lack of a framework and distance, dealing with passport
authorities may be out of the question for most countries 5.

Foreigners must be registered under the Registration of Foreigners Act, 1939. Confirm your
identification and registration certificate while submitting a report. Unfair and self-assertive tactics
are used to harass these migrants, and there are no safeguards to limit this aggression. Refugees are
subject to further limitations under the Foreigners Act of 1946, which stipulates who they must meet
and the only channels they may enter the nation. The government's ability to arrest and jail people
based on circumstantial evidence is a key downside of this legislation. "Award or refuse" an
outsider's admittance into the Indian realm on grounds such as invalid identity, unsoundness, public
peace, or a "loathsome" illness can be granted or denied by the State government under the
Foreigners Order 1948. The evacuee's situation is unique, and he has the right to be treated with
empathy under human rights principles. Hence this norm is optional. Furthermore, there is no
definition of the word "loathsome" in the clause 6.

4
Writinglaw, 'Passport Act And Passport Rules India (Full Act With PDF Download)' (WritingLaw)
https://www.writinglaw.com/passport-act-and-rules-pdf/ accessed 8 January 2022.
5
Divya Vishal, 'Refugee Law And Policy In India - Indian Legal Solution' (Indian Legal Solution, 2021)
https://indianlegalsolution.com/refugee-law-and-policy-in-india/ accessed 8 January 2022.
6
Divya Vishal, 'Refugee Law And Policy In India - Indian Legal Solution' (Indian Legal Solution, 2021)
https://indianlegalsolution.com/refugee-law-and-policy-in-india/ accessed 8 January 2022.