SHWETA JOSHI

ASSISTANT PROFESSOR OF LAW, MANIPAL UNIVERSITY, JAIPUR

ABSTRACT

The phenomenon of refugee influx into India is not a new occurrence. Amidst the 1947 split, individuals commenced evacuating their residences and embarking on a journey towards India. Despite India’s non-signatory status to both the 1951 Convention and the 1967 Protocol, the Indian government has always demonstrated a commitment to promptly provide assistance and facilitate the reintegration of refugees who seek asylum within its borders. The principle of “Atithi Devo Bhava” serves as a foundational principle that underlies the rich cultural tradition of hospitality in India. The settlement of refugees within the borders of India is permitted on the basis of this principle. Consequently, this leads to the observance of the principle of non-refoulement, which has acquired recognition as a customary norm within the context of international refugee law. India lacks a comprehensive national legal framework that governs the entry, residency, and entitlements of refugees within its borders. The Constitution guarantees a limited number of fundamental rights that are applicable to “all persons,” including foreign nationals residing in the United States. Apart from administrative directives and announcements, there are only a limited number of laws that specifically address the registration and extradition of foreign individuals currently residing in India. In the Article, the researcher examines the constitutional safeguards and legislative provisions that are applicable to refugees in India.

Key words-:Refugees; fundamental rights; constitutional safeguards; legislative provisions; non-refoulement