REFUGEES RIGHTS AND LEGAL STATUS IN INDIA
AUTHOR – SMRITY MISHRA, STUDENT AT SHAMBHUNATH INSTITUTE OF LAW, JHALWA, PRAYAGRAJ
BEST CITATION – SMRITY MISHRA, REFUGEES RIGHTS AND LEGAL STATUS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (5) OF 2026, PG. 884-890, APIS – 3920 – 0001 & ISSN – 2583-2344.
INTRODUCTION
Refugee protection is a cornerstone of international humanitarian law and human rights principles, encompassing a complex framework of legal norms, treaties, and policies at both the international and national levels. At its core, refugee protection seeks to safeguard the rights and well-being of individuals who have fled their home countries due to persecution, conflict, violence, or other threats to their safety and fundamental freedoms.
UDHR Convention provides that “Everyone has the right to seek and to enjoy in other countries asylum from persecution.”1
Internationally, the key instrument governing refugee protection is the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. These instruments establish the legal definition of a refugee and outline the rights and obligations of both refugees and the states that host them. According to the Convention, a refugee is someone who has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, and is unable or unwilling to return to their country of origin.
The United Nations High Commissioner for Refugees (UNHCR) plays a crucial role in coordinating international efforts to protect and assist refugees, providing support to both refugees and the countries that host them.
The 1951 Refugee Convention and the 1967 Protocol are at the cornerstone of the international legal framework for refugee protection as they establish the main principles on which refugee protection is based – such as the principle of non-refoulement and the principle of Non-discrimination In many cases, refugees face significant challenges and barriers to accessing protection at the national level.2
Despite these challenges, many countries have made efforts to strengthen their asylum systems and enhance refugee protection.