Tibetan Refugees in India A Socio Legal Study with Special Reference to Uttarakhand

Abstract

newline The devastating wars of the twentieth century not only killed millions but also forced newlinean equal number of people to seek refuge elsewhere. The League of Nations and later newlinethe United Nations played an important role in assisting these people. However, in newlinespite of decades having gone by the problem of forced displacement has been steadily newlineescalating. Internationally the adoption of Universal Declaration of Human Rights and newlinethe enforceable International Covenant on Civil and Political Rights and International newlineCovenant on Economic Social and Cultural Rights were important instruments in newlineprotection of human rights of all individuals including asylum seekers and refugees. newlineHowever, the adoption of the 1951 Convention on Status of Refugees and its 1967 newlineProtocol on Status of Refugees are the most important instruments to assist forced newlinemigration on grounds of persecution or situations causing threat to life. In addition to newlinethis convention other conventions like Convention of Torture, Convention on newlineElimination of All Forms of Discrimination against Women and Convention on newlineRights of Child also ensure that States protect the life and safety of people within their jurisdiction. To deal with growing complexities of the refugee crises there is need for India to relook newlineinto signing of the refugee convention and having a national law on refugees. newlineThis is more so as it will affect the rights of the refugees who have been supported by newlineIndia since long and its future course will also impact relations from neighbouring newlinestates from where these refugees have come. Thus India s international obligations newlineunder the human rights laws and its need for national security compels for dealing newlineeffectively with the refugee problems in its own interests and the interest of the newlinerefugees. newlineKey words: Asylum seekers, refugees, human rights, conventions, constitutional newlinerights, refugees in India, Tibetan refugees, local communities, citizenship, Tibetan newlineadministration, judicial protection, personal liberty, durable solutions, rehabilitation