‘REFUGEES’ AND ‘ILLEGAL IMMIGRANTS’

April 13, 2021

Last week, the Supreme Court appeared to accept the Centre’s contention that the Rohingya people in India are illegal immigrants, most of whom are in a detention camp in Jammu, and others in Delhi. It said they should be deported according to procedures under the Foreigners Act, 1946.

About:

  • Under the 1951 UN Convention on the Status of Refugees and the subsequent 1967 Protocol, the word refugee pertains to any person who is outside their country of origin and unable or unwilling to return owing to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

  • Stateless persons may also be refugees in this sense, where country of origin (citizenship) is understood as ‘country of former habitual residence’.