INDIA’s POSITION ON REFUGEE LAW: SHOULD INDIA ADOPT A FORMAL REFUGEE LAW FRAMEWORK?

Abstract

Refugee protection remains one of the most important areas of international law today it is situated at the intersection of humanitarian obligations, state sovereignty, and national security. While the international refugee regime provides a framework for the protection of displaced persons, states have adopted differing approaches to its implementation. India occupies a unique position within this landscape, having hosted diverse refugee populations for decades without acceding to the 1951 Refugee Convention or enacting a dedicated refugee law. This paper examines India's approach to refugee protection, evaluates the adequacy of the existing legal framework, and assesses whether the adoption of a formal refugee law regime is necessary.