The Role of UNHCR in India and the State of Refugees
India currently hosts over 200,000 refugees and asylum seekers from different nationalities.
Refugee crises have been a significant global concern, and India, despite not being a signatory to the 1951 United Nations Refugee Convention or its 1967 Protocol, has hosted a large number of refugees over the decades. The United Nations High Commissioner for Refugees (UNHCR) plays a critical role in assisting and protecting refugees in India, although its legal standing within the country remains limited. This article explores the functioning of the UNHCR, its interventions in India, and the current state of refugees in the country.
What is UNHCR and How Does It Function?
The United Nations High Commissioner for Refugees (UNHCR) is a UN agency established in 1950 to protect refugees, displaced communities, and stateless people while also assisting in their voluntary repatriation, local integration, or resettlement in third countries. The agency operates in over 135 countries, providing humanitarian aid, documentation, legal assistance, and advocacy.
UNHCR’s Core Functions:
- Providing Legal Protection: Ensuring the rights of refugees are upheld as per international laws.
- Humanitarian Assistance: Offering shelter, food, healthcare, and education in refugee camps and settlements.
- Resettlement & Integration: Assisting in the voluntary return of refugees to their home country or integration into host countries.
- Documentation & Refugee Status Determination (RSD): Granting Refugee Cards to eligible asylum seekers who are not officially recognized by their host country.
- Crisis Response: Coordinating with governments and humanitarian organizations to provide relief during conflicts or disasters.
UNHCR’s Interventions in India
Although India is not a signatory to the UN Refugee Convention, it has historically provided asylum to millions of refugees from Tibet, Bangladesh, Sri Lanka, Myanmar, and Afghanistan. However, India follows an ad hoc policy on refugees, with different treatment for various groups.
Key Instances of UNHCR’s Interventions in India:
- Rohingya Refugee Crisis (2017-Present):
- UNHCR has provided Refugee ID cards to nearly 20,000 Rohingya refugees in India, advocating for their protection.
- India, however, considers them illegal immigrants and has sought to deport them. In 2021, UNHCR urged India to halt deportations of Rohingya Muslims, citing international human rights concerns.
- Afghan Refugee Crisis (2021-Present):
- After the Taliban takeover of Afghanistan, thousands of Afghans sought asylum in India. UNHCR has been assisting in document verification and resettlement procedures.
- India has been cautious, granting e-visas instead of refugee status, making it difficult for Afghans to seek long-term stability.
- Tamil Refugees from Sri Lanka (1983-Present):
- Tamil refugees from Sri Lanka fled to India during the Sri Lankan Civil War (1983-2009).
- While the Indian government manages refugee camps, UNHCR assists in voluntary repatriation and livelihood programs.
- Tibetan Refugees (1959-Present):
- Over 100,000 Tibetan refugees have been living in India since the Dalai Lama’s exile in 1959.
- India provides them with special legal status, and UNHCR plays a minimal role, as the Indian government directly handles Tibetan affairs.
The State of Refugees in India
India currently hosts over 200,000 refugees and asylum seekers from different nationalities, including:
| Refugee Group | Estimated Population | Legal Status in India |
| Rohingya (Myanmar) | 40,000+ | Considered illegal immigrants; some hold UNHCR refugee cards |
| Afghan Refugees | 15,000+ | No formal refugee status; granted e-visas |
| Sri Lankan Tamils | 58,000+ | Housed in camps; eligible for repatriation |
| Tibetans | 100,000+ | Provided special residency permits by India |
| Bangladeshis | Undocumented | Considered illegal immigrants; deportation in process |
Challenges Faced by Refugees in India:
- Lack of Legal Framework: India lacks a uniform refugee law, leading to inconsistent treatment of different refugee groups.
- No Access to Citizenship: Except for specific communities covered under the Citizenship Amendment Act (CAA), most refugees cannot obtain Indian citizenship.
- Deportation Risks: Rohingya and Bangladeshi refugees face increased deportation efforts, as India considers them national security concerns.
- Limited Work and Education Opportunities: Many refugees struggle to access jobs and education due to documentation issues.
India’s Refugee Policy: A Balancing Act
India has historically been hospitable towards persecuted communities, yet it also prioritizes national security and border control. The government has implemented strict surveillance over illegal migrants, particularly Rohingya and Bangladeshis, while allowing select communities (Tibetans, Sri Lankan Tamils) some degree of protection.
The Citizenship Amendment Act (CAA) of 2019 allows Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Pakistan, Bangladesh, and Afghanistan to obtain fast-track Indian citizenship. However, it excludes Muslims and Rohingya refugees, leading to criticism from human rights organizations.
India faces a complex refugee situation, balancing humanitarian concerns with national security. While UNHCR continues to advocate for refugee rights, its role remains limited due to India’s sovereign policies. Moving forward, experts suggest:
- Creating a National Refugee Law to ensure fair treatment of all asylum seekers.
- Granting Work & Residency Permits for long-term refugees to integrate into society.
- Strengthening Border Security & Screening to prevent illegal migration while protecting genuine asylum seekers.
India’s refugee policies will continue to evolve, reflecting its regional geopolitical concerns, security challenges, and humanitarian commitments. The need for a structured legal framework remains critical for addressing the growing refugee crisis in a balanced and effective manner.
