September 13 – GS2/International Relations: 2025 | UPSC Daily Answer Writing Practice PDF Download

Q: Discuss the reasons behind India's decision not to sign the 1951 Refugee Convention and its 1967 Protocol. Also, discuss the current refugee challenges that India faces. 

Introduction

The 1951 Refugee Convention is a treaty established by the United Nations (UN) that outlines the definition of refugees, their rights, and the responsibilities of states to protect them. In 1967, a Protocol was introduced to broaden the Convention's scope on a global scale.

Together, the Convention and the Protocol create an internationally accepted legal framework for the protection of refugees. This framework includes important principles such as non-refoulement, which prohibits returning refugees to places where they face danger, and sets minimum standards for their treatment in areas like access to courts, employment, and education.

Although the Convention was opened for signature in Geneva in July 1951, India has not signed it.

Reasons for India's Decision Not to Sign the 1951 Refugee Convention and 1967 Protocol

1. Security Concerns

• India shares porous borders with several countries, making it vulnerable to sudden influxes of refugees during regional conflicts or crises.
• Such mass arrivals could strain local infrastructure and disrupt the delicate demographic balance in border areas, which are already sensitive.
• There are also fears that among the incoming refugees, there could be individuals with terrorist or militant agendas, posing security risks to the country.

2. Resource Constraints

• As a developing nation, India faces challenges in providing basic amenities and services to its own population.
• Taking on legal responsibilities to support a large number of refugees could further stretch already limited resources, hindering developmental efforts.
• For instance, the influx of over 10 million refugees from Bangladesh in 1971 led to severe resource depletion and public health crises, such as a cholera outbreak.

3. Retaining Policy Flexibility

• By not signing the Convention, India retains the flexibility to manage refugee situations according to evolving ground realities.
• The Convention's principle of non-refoulement (not forcibly returning refugees) could limit India's ability to make quick and necessary policy adjustments in response to specific challenges.

4. Humanitarian Tradition of Refugee Protection

• Despite not being a signatory to the Convention, India has a long-standing tradition of offering refuge to displaced individuals on humanitarian grounds.
• For example, Tibetan refugees have been granted shelter in India for decades.
• India argues that its existing practices reflect a strong commitment to protecting refugees, even without formal legal obligations.

5. Focus on Bilateral Agreements

• India prefers to address refugee situations through bilateral agreements with neighboring countries.
• This approach allows for more customized solutions that take into account the specific circumstances and needs of each situation, rather than adhering to a one-size-fits-all framework.

Current Refugee Challenges Faced by India

1. Rohingya Refugee Crisis

• India is hosting a significant number of Rohingya refugees who have fled persecution in Myanmar.
• However, their legal status and rights in India are contentious issues.
• There are ongoing concerns about potential security threats posed by some refugees and the impact on India's resources.
• According to the UNHCR, nearly 79,000 refugees from Myanmar, including Rohingya, are living in India.

2. Sri Lankan Tamil Refugee Situation

• India has been hosting a large number of Sri Lankan Tamil refugees who fled the civil war in Sri Lanka.
• While some refugees have been repatriated or granted Indian citizenship, there are still about 58,000 Sri Lankan refugees living in 104 camps across Tamil Nadu.

3. Afghan Refugee Influx

• Following the recent political upheaval in Afghanistan, India has seen an influx of Afghan refugees.
• This includes individuals who had previously sought refuge in India during earlier conflicts in Afghanistan.

4. Lack of Legal Framework

• India's decision not to join the Refugee Convention and Protocol has resulted in the absence of a comprehensive legal framework to address refugee issues.
• This has led to the development of ad-hoc policies, resulting in inconsistent treatment of different refugee groups.

5. Challenges in Refugee Camps

• Refugee camps and settlements in India often face a range of challenges, including:
• Overcrowding, where the number of refugees exceeds the camp's capacity.
• Inadequate infrastructure, including poor shelter, sanitation, and basic facilities.
• Limited access to education and healthcare services for refugees.
• Security and safety concerns within the camps, affecting the well-being of residents.

Conclusion

• India's decision not to sign the 1951 Refugee Convention and the 1967 Protocol is influenced by its concerns over security, resource limitations, and the need for policy flexibility.
• However, the ongoing refugee challenges highlight the urgent need for India to develop a robust legal and institutional framework to effectively address these humanitarian issues.
•  This would not only ensure better management of refugee situations but also uphold India's commitment to protecting vulnerable populations in need of refuge.