CAA is inadequate and flawed. Devise a new refugee policy, set up a commission

Recent developments in Afghanistan, with the withdrawal of American troops and rise of the Taliban, have led to a grave humanitarian crisis. This has serious implications for India. 

True to its ancient maxim of Vasudhaiva Kutumbakam (the world is one family), India's soil has historically been a home away from home for persecuted minorities. But India does not have a singular policy for dealing with refugees and crises of this nature.

The June 2021 factsheet of the United Nations Human Rights Committee (UNHCR) states that 208,065 refugees reside in Indian territory at present. Of these, 95,829 Sri Lankan refugees and 73,404 Tibetan refugees are registered and assisted by the Government of India. Meanwhile, refugees and asylum-seekers from Myanmar (22,459), Afghanistan (15,217) and other areas (3,639) are registered with UNHCR India. The agency plays a significant part in verification, registration and resettlement of refugees in India.

The Citizenship Amendment Act (CAA) of 2019 is the closest that India has come to enacting a policy on refugees and illegal immigrants. But the Act is highly inadequate for refugees and is severely flawed. It neither offers a definition for who is a refugee nor applies universally to refugees from all countries. 

In addition to being discriminatory on the basis of religion and country of origin, CAA also has a cut-off date of December 31, 2014. It offers no guidelines on how to deal with future refugee or immigration issues. The Act is also in clear violation of the right to equality and the right against discrimination, enshrined in Articles 14 and 15 of the Indian Constitution.

Meanwhile, India is not party to international best practices either. It is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol. Even though there are no official explanations as to why India has not signed the Convention, the country's porous borders and resultant security concerns are cited as a major reason. There is also the conventional logic that India's reputation of being open towards refugees negates the need for signing any formal international agreement.

If existing international refugee laws do not cater to the particular needs of our country, it is necessary that we draft a refugee policy inspired by the best practices included in those laws. As a first step towards drafting India's refugee policy, I recommend that the Union Government set up a National Commission for Refugees at the earliest.

This commission should draft an inclusive policy on refugees with respect for the rule of law. It should grant refugees legal protection and should be based on the principles of non-refoulement and non-discrimination. 

The policy should also account for physical protection such as secure accommodation and access to food and sanitation, and ensure that family unity among refugees is prioritised. Provisions for durable solutions for refugees such as voluntary repatriation, local integration, or resettlement in a third country must be incorporated into the policy.

The people of Afghanistan have historically enjoyed a good relationship with India. Several Afghan students are enrolled in universities across the country. At a time of crisis, they must be treated with dignity. They shouldn't have to wait at the mercy of an ad hoc policy that discriminates on the basis of religion. 

The Government of India should act promptly and come up with a refugee law that supports the people of Afghanistan and promotes India's reputation as a champion of human rights. A policy that addresses Indian concerns and, at the same time, offers respite to refugees is, without doubt, the need of the hour.

Gaurav Gogoi is deputy leader of the Congress in the Lok Sabha.

Disclaimer: This article first appeared on Hindustan Times, and is published by special syndication arrangement.