Refugee And Asylum Laws In India
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Transcript of Refugee And Asylum Laws In India
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Riddhi Tulshian 81002140052
SVKMS
NMIMS SCHOOL OF LAW
A RO!"CT S#$MITT"% ON
REFUGEE AND ASYLUM LAWS IN INDIA
IN COMLIANC" TO ARTIAL F#LFILLM"NT OF TH" MARKIN&
SCH"M"' FOR TRIM"ST"R II OF 2014(2015' IN TH" S#$!"CT OF
L"&AL "N&LISH
S#$MITT"% TO FAC#LT)*
MRS+ R"KHA KAL"
FOR "VAL#ATION
S#$MITT"% $)*
RI%%HI T#LSHIAN
$+$+A L+L+$ ,HONS+-
ROLL NO . A05/
R"C"IV"% $)*
ON %AT"* TIM"*
Lal "nlish a 1
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PREFACE
This document has attempted tocreate awareness in the background of refugee and asylum
laws in India. Although India is a very rapidly developing nation, more than half of the
population is uneducated. Also only a handful of people know about who refugees are andwhat situations do they have to face. The situation regarding asylum seekers is aggravating
every day.It has to be recognised that the world has been undergoing significant
transformations which pose serious challenges to the capacity of India to respond to
contemporary displacement situations. The recurring cycles of violence and systematic
human rights violations in many parts of the world are generating more and more intractable
displacement situations. The changing nature of armed conflict and patterns of displacement
and serious apprehensions about uncontrolled migration in this era of globalisation are
increasingly part of the environment in which refugee protection has to be realised.
Trafficking and smuggling of people, abuse of asylum procedures and difficulties in dealingwith unsuccessful asylum-seekers are additional compounding factors. Asylum countries in
many parts of the world are concerned about the lack of resolution of certain long-standing
refugee problems, urban refugee issues and irregular migration, a perceived imbalance in
burden- and responsibility-sharing, and increasing costs of hosting refugees and asylum-
seekers. Through this article I wish to help people, especially the citiens of India to become
familiar with the general principles of international refugee lawand to learn how they are
implemented, so they can fully discharge their responsibilities. !romoting refugee law and
protection presupposes both knowledge and the ability to impart such knowledge.
HYPOTHESIS
The aim of this article is to analyse the situation of asylum seekers around the world and
their position in India. The basic "uestions that have been answered to in this article are#
$ho are refugees or asylum seekers%
$hat are the laws regarding refugees in India%
$hat are the provisions for these asylum seekers in the &onstitution of India%
$hat role does the 'udiciary play in protecting the refugees%
$hat is the ()*( &onvention%
$hat is India+s stance on the ()*( &onvention%
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RESEARCH METHODOLOGY
AIM & OBJECTIVE OF THE STUDY
Th ai3 6h s6ud7 is 6 i 9n:ld a;u6 :h
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INDEX
SR+
N#M$"R
ARTIC#LARS A&"
N#M$"R
1+ A;;na
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ABBERIVIATIONS
#NHCR . #ni6d Na6ins Hih C33issin< < Rus
!+ ( !us6i>
AIR ( All India R?
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CHAPTER 1: INTRODUCTION
-veryone has the right to seek and to en'oy
in other countries asylum from persecution.
India is n6 =us6 a h3 6 1'2/1'52'@B01??l ,and >un6in- ;u6 als 6hs :h ha
;n i>6i3s ila6in hu3an is
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?6 ails 6 >ndu>6 ?
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la:s a??li>a;l 6 h ??l >an n< ; d3d 6 ;
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Wo%e Re!"ee#
I6 shuld ; 6a9n in6 >nsidusd :3n
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CHAPTER *: INDIAN SCENARIO
T ; a;l 6 und3?li6is aus 6h la:s < 6h Rus' 6h 3a66< < 6h3 aas 6 >as ;asis+ #NHCR >?ndu>6s
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Whil a la>ss 6 6h la:(n3n6 and =us6i> s7s63s+ #NHCR and i6s ?a
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Provisions In The Constitution of India.
i Al 14 is 6h
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In 6h >as a lah ulilld n < 3nsn6 6h &OI nisd 6h3 as ass' n 6huh 6h l>al
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N: %lhi+ In 0r. alvika 3arelkar 1. 4nion of India'1/ 6h Su?33i66d 6 ui6 a :
in6n3i>'
16 C
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S>ial and Cul6u
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India i6sl ;in a s>ula< s6a6 i6 n
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3a7 ; dind as 6h sus6aind and s7s63a6i> ila6in hu3an h' i6 a??lid nl7 6 ?a3 u
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s>ial ?
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India' 6huh ;in a in6 ;>aus i6 :ill >n6inu 6 6
in6 and 3ni6
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BIBLIOGRAPHY
Sites referred:
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