Refugee Rights and Legal Challenges in Assam: Evaluating India’s Policy Framework and Human Rights Obligations

Abstract

The issue of refugees in India, particularly in the state of Assam, presents a complex intersection of legal ambiguity, human rights concerns and socio-political challenges. Assam has historically witnessed large-scale migration due to events such as the Partition of 1947 and the Bangladesh Liberation War of 1971, resulting in a significant refugee population. However, India lacks a comprehensive and codified refugee law, which has led to an inconsistent and fragmented approach in addressing refugee rights and protection. This paper critically examines the legal challenges faced by refugees in Assam within the framework of Indian constitutional provisions and international human rights obligations. The study explores the implications of key legal instruments and policies such as the National Register of Citizens (NRC) and the Citizenship Amendment Act (CAA), 2019, which have significantly influenced the determination of citizenship and legal identity in Assam. These mechanisms have raised concerns regarding exclusion, statelessness and the denial of basic rights to vulnerable populations. The paper also evaluates the extent to which fundamental rights under Articles 14 and 21 of the Indian Constitution are accessible to refugees, despite their non-citizen status.

The research analyzes India’s position as a non-signatory to the 1951 Refugee Convention and its impact on refugee protection standards. It highlights the absence of a uniform legal framework and the reliance on ad hoc administrative measures, which often fail to ensure adequate protection of refugees’ rights. The socio-economic conditions of refugees, including access to education, healthcare and livelihood opportunities, are also examined to understand the ground realities. The paper concludes by emphasizing the urgent need for a comprehensive refugee policy in India that aligns with international human rights standards while addressing national security concerns. It advocates for a balanced and humane approach to refugee governance in Assam, ensuring dignity, equality and justice for all affected populations.