fbpx

INDIA DOES NOT HAVE REFUGEE ACT, WHY? HOW DOES INDIA CONTROL ILLEGAL MIGRANTS?

January 6, 2020

To understand this question, we need to go back to history. Post-World War II World War II started in 1939 and lasted till 1945. It saw genocide, concentration camps and slave labour. Aftermath of this war was very serious. Japan was the biggest sufferer. During this period there was need felt to have  an institution to manage relationship as intergovernmental organization responsible for maintaining international peace and security, developing friendly relations among nations, achieving international cooperation, and being a center for harmonizing the actions of nations. It is the largest, most familiar, most internationally represented and most powerful intergovernmental organization in the world. The UN was established after World War II with the aim of preventing future wars, succeeding the ineffective League of Nations. The name “United Nations”, coined by President Franklin D. Roosevelt od United States of America. It was first used in the Declaration by United Nations of 1st  January 1942, during the Second World War, when representatives of 26 nations pledged their Governments to continue fighting together against the Axis Powers. Delegates of 50 countries met in San Francisco on 24th October,1945 at the United Nations Conference on International Organization to draw up the United Nations Charter. Those delegates mull over on the basis of proposals worked out by the representatives of China, the Soviet Union, the United Kingdom and the United States at Dumbarton Oaks, United States in August-October 1944. The Charter was signed on 26 June 1945 by the representatives of each of the 50 countries. Poland signed it later and became one of the original 51 Member States. The United Nations officially came into existence on 24 October 1945, when the Charter had been ratified by China, France, the Soviet Union, the United Kingdom, the United States and by a majority of other signatories. United Nations Day is celebrated on 24 October each year. Now you will say why I am discussing UN here. We are discussing UN because in 1951 a Convention was signed under Article 14 of Universal Declaration of Human Rights,1948. The 1951 Convention, was a post-Second World War instrument, was originally limited in scope to persons fleeing events occurring before 1 January 1951 and within Europe. The Convention came into force on 22 April 1954 Thereafter one amendment was adopted in 1967 Protocol which removed the geographical and temporal limits of 1951 convention. The 1967 Protocol removed these limitations and thus gave the Convention universal coverage. It has since been supplemented by refugee and subsidiary protection regimes in several regions, as well as via the progressive development of international Human Rights Law. India is not Signatory to the Original 1951 Convention nor of 1967 Protocol and hence India has no Refugee Act. NOW HOW DOES INDIA CONTROL ILLEGAL MIGRANTS? For that India has The Foreigners Act,1946. Section 2(a) of the said Act say the Foreigner means a person who is not a Citizen of India. It empowers Government to make orders and law with respect to any particular foreigner or any prescribed class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into 1[India] or their […]

Read more