Advanced International Journal for Research

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Volume 7 Issue 2
March-April 2026

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Refugees in India: A Historical Perspective on State Responses, Legal Frameworks, and Humanitarian Practices

Author(s) Mr. Zaker Hussain Abdaly, Dr. Arun N. Pandya
Country India
Abstract India does not have a formal refugee law and has not signed the 1951 Refugee Convention or its 1967 Protocol. However, it has long been a place for people from South Asia and other parts of the world who have had to leave their homes.
This article employs historical, legal, and sociopolitical analysis to examine the evolution of India's refugee policy from the postcolonial period to the present day.
This analysis investigates India's normative humanitarian framework, shaped by judicial activism, administrative discretion, and constitutional provisions; the postcolonial notion of strategic ambiguity; current debates surrounding the Citizenship Amendment Act (CAA); and ongoing calls for formal refugee legislation. The study employs a historical review methodology to examine significant refugee influxes, including Tibetans, Bangladeshis, Sri Lankan Tamils, ethnic minorities from Myanmar, Chakmas, Hajongs, and Afghans. It demonstrates how India's diverse strategies have been shaped by factors like geopolitics, security, and domestic politics.
The study examines the deficiencies in humanitarian assistance and self-sufficiency programs, as well as the vulnerabilities of urban refugees, particularly in major cities such as Delhi. The findings indicate that India's refugee system is characterized by political instability, adaptability, and selective humanitarianism, leading to varied outcomes for different refugee groups. The article's conclusion stresses the urgent need for a rights-based, legally sound, and regionally coordinated system for protecting refugees that strikes a balance between humanitarian needs and India's constitutional values and international human rights obligations.
Keywords Historical-Perspective, Refugees, Postcolonial, South Asia.
Published In Volume 7, Issue 2, March-April 2026
Published On 2026-04-04
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E-ISSN 3048-7641
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