19 Feb Requirement and Significance of refugee and asylum law
Requirement and Significance of refugee and asylum law – Today Current Affairs
Context : Recently Congress M.P Shashi tharoor introduced a Private Member’s Bill in the Lok Sabha proposing the enactment of a Refugee and Asylum law. This Bill was related to several laws regarding refugee and asylum so that the condition of the refugees could be improved, simultaneously though asylum law India could also protect its interest also . There must be some rights and duties also for the refugees and asylums.
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Introduction :
In fact , there are several laws at international level regarding refugees and the asylum . International and EU law prohibit refoulement (the forcible return of refugees or asylum seekers to a country where they are liable to be subjected to persecution). For several years , in lack of the fixed laws in the country , India has been continuing disrespect for the international legal principle of non-refoulement and in this way we have been also disrespecting the old traditions of asylum and hospitality to strangers. Therefore , there is a need of such laws
Several Examples where the government of India had returned refugees or prosecuted refugees : The Hindu Analysis
In the case of Rohingya refugees, the Indian government had expelled them forcefully. Some opposition leaders claim that because of religious bigotry and intolerance the government did so. Similar treatment the government did with Chakmas in Arunachal Pradesh and Myanmar in Mizoram. Presently the situation again emerged in the case of many Afghan students where their home government of the Taliwant refused to renew their visas, they also find themselves in a similar predicament.
Significance of this Bill : The Hindu Analysis
This will put an end to such arbitrary conduct by the authorities.
Some fundamental rights are given to foreigners also irrespective of their nationality, race, religion, or ethnicity
National Commission for Asylum would be constituted to receive and decide all such applications
However government can treat any refugee and asylum as per its own description but India is not isolated country in the world politics therefore some international laws related to the refugee and asylum must be followed
Who is Refugee : The Hindu Analysis
As per internationally accepted definition, the person who had fled from his own country because of the embrace of life and fear of persecution in their home countries, on grounds of race, religion, nationality, membership of a particular social group, or political opinion enters another sovereign country as a refugee . It means refugees have to leave their own countries in the search of a better life . They ask not to be prosecuted in foreign countries
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Cultural Tradition and international Laws : The Hindu Analysis
The well hosting of the refugees has been popular in India for thousands of years but India is not a signatory of 1951 UN Refugee Convention nor it has any national framework on how to deal with these refugees and asylums. In the absence of national framework on asylum many time we had to face embracement in front of international communities
Many laws related to Asylum but no uniform law : The Hindu Analysis
- There are many laws for dealing with refugees like Foreigners Act, 1946, the Registration of Foreigners Act, 1939, the Passports Act (1967), the Extradition Act, 1962, the Citizenship Act, 1955 (including its controversial 2019 amendment) and the Foreigners Order, 1948
- In fact there is no uniformity in the laws . The absence of such a framework will make the refugees vulnerable to exploitation, especially human trafficking. The lack of suck uniform law regarding refugges will lead human trafficking. There must be such laws so that India , not only would protect its cultural heritage of the thousands year but also it will bring India ahead in the world in the matter of sheltering to refugees without any decrimination
Conclusion
The demand of uniform laws regarding a deal with refugees is brought by the member of parliament of the opposition party . but this bill is in the favorjgh of the interest of India . Therefore the government should consider and allow it for broader discussion and parliament and it should be passed with several amendments if the government thinks so, ignoring the political rivalry. These time of laws will not bring India ahead in the field of humanism only but also, this will show that India has an importance place in the world politics.
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