A forum organized by the NHRC on Thursday unanimously proposed the enactment of a national law to end “adhocism and ambiguity” in the treatment of refugees and asylum seekers in the country, said officials.

The National Human Rights Commission on Thursday held an online open discussion on protecting the basic rights of refugees and asylum seekers in India.

NHRC Member Judge, M. M. Kumar, chaired the event which was attended by NHRC Chairman, Judge (Retired) Arun Kumar Mishra, another senior NHRC official, and representatives from the Ministries of Law, foreign and home affairs, the United Nations Human Rights Council, experts in the field, among others. ”It was unanimously felt that although India has a very good track record and tradition of handling and dealing with international refugees and asylum seekers since time immemorial, it is time for a national law to be enacted to include all best practices and policies so far. to have in place uniformity and legal sanctity to ensure the protection and realization of the human rights of refugees and asylum seekers across the country,” the NHRC said in a statement.

It was also to help them seek the benefits of other government social protection measures while taking care of national security, he added.

Earlier, inaugurating the open forum, Justice Kumar said that under the Constitution of India, every citizen is entitled to basic human rights. India is a signatory to various international conventions and treaties relating to refugees and asylum seekers, largely under the Universal Declaration of Human Rights (UDHR), but not based on the Human Rights Act. 1955 citizenship, which he said can be regulated to protect their rights, according to the statement.

Because the protection of their rights simply on the basis of certain documents, as the case may be, can lead to ambiguities in the uniform interpretation of these, compounding their problems in obtaining even the basic necessities in different parts of the country in absence of a national law, the statement said.

Justice Kumar said that “the legislature should be encouraged to enact a national law on refugees and asylum seekers in order to overcome adhocism and confusion, as these can lead to subjectivity and unnecessary litigation. “.

Triggering the discussion, NHRC Secretary General Bimbadhar Pradhan said that while there are various internationally recognized measures that India has used to deal with refugees and asylum seekers, “it is largely with the intention that normalcy can only be restored by sending them back to their respective countries on voluntary repatriation.”

Kavita Belani, UNHCR’s deputy head of mission, said that “refugees, by definition, are victims of human rights violations”.

She commended India’s support to refugees and displaced people with its local solutions in line with global commitments, and described them as very inclusive and forward-looking. However, she said these needed to be integrated into a structured policy along predictable lines for a national response to facilitate all refugees and asylum seekers’ access to their rights. In addition to the inaugural session, the open forum was divided into two thematic sessions focusing on policy framework and legal guarantees for refugees and asylum seekers; and issues and challenges related to the protection of the right to life and dignity; and access to other socio-economic, educational and cultural rights, officials said.

Concluding the discussion, Justice Kumar said that all the suggestions will be further discussed in the Commission before being sent to the government as recommendations for implementation.

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