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India’s Refugee Policy

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Posted by : Indian National Bar Association on | Jul 30,2015

India’s Refugee Policy

 
The objective of immigration is gaining citizenship or nationality in a different country. In India, the provisions of the Constitution mainly govern the law relating to citizenship or nationality. The Constitution of India provides for single citizenship for the entire country. The provisions relating to citizenship are contained in Articles 5 to 11 in Part-II of the Constitution of Indian. Article 5 states that at the commencement of this Constitution, every person belonging to the following categories, who has his domicile in the territory of India, shall be a citizen of India: 
 
1) Who was born in the territory of India; or 
2) Either of whose parents was born in the territory of India; or
3) Who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement 
 
There are numerous aspects pertaining to refugees, which are of major importance both to India, as a country and to the refugees, particularly in the context of law enforcement. Given the security scenario prevailing in the country, particularly arising out of the role of some of the neighbor’s in this regard, an utterly humanitarian matter like the ‘refugees’ has come to be influenced by considerations of national security.
 
While law and order is a State subject under the Indian Constitution, international relations and international borders are under the exclusive purview of the Union government. This has resulted in a variety of agencies, both of the Central as well as the State governments, having to deal with refugee matters connected with law enforcement. Also, all policies governing refugees are laid down by the Union government though the impact of the refugee problem as such has to be borne by the State administration to a greater degree if not wholly...Read More 

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