Refugees Beyond Borders: The case for a Uniform Asylum Law in the Wake of the Manipur and Myanmar Crises

Introduction
The contemporary world is witnessing forced displacement on an unprecedented scale, with millions of individuals being involuntarily uprooted due to armed conflict, political repression, ethnic hostilities and systematic human rights violations.
 In this evolving humanitarian landscape the protection of displaced populations is no longer a matter of benevolence but a pressing legal and moral imperative. The movement of people across and within borders compels states to confront difficult questions at the intersection of sovereignty, security, and human dignity. 
Under international law, a refugee is defined under Section 1(A)(2) of the 1951 Convention is a person who, owing to a well-founded fear of persecution on grounds such as race, religion, nationality, political opinion, or membership of a particular social group, is compelled to flee beyond the borders of their country of origin and is unable or unwilling to seek its protection. However, an asylum seeker, an individual who seeks international protection, whose claim has not yet been formally adjudicated. Distinct from both categories are internally displaced persons (IDPs). 
Against this global backdrop, the issue of asylum assumes particular significance in the Indian context. Although India is not a state party to the 1951 Refugee Convention or 1967 Protocol, it has historically explicated diverse refugee populations, reflecting a civilisational ethos grounded in humanitarian values. 
However, still this practice prevails orthodoxly without any support of a codified asylum framework. The conflict induces refugees yearn to be governed by the well-established rule of law and enhance the basic essence of equity, holds the credibly at paramountcy. 
The lawful situation is being categorised by the two contemporary crises unfolding in India’s northeast area. The ethnic disruption in Manipur has resulted in wide-scale internal displacement, forcing thousands of citizens into relief camps. The refugees remain under the protection of the Indian state, yet there is absence of a detailed legal procedure governing internal displacement, has unveiled severe loopholes in term of wide range protection and access to basic humanitarian rights. The Manipur crisis portraits that though internal displacement confined within national borders showcases humanitarian consequences. 
The political dynamics in Myanmar as to the result of military coup triggered a cross-border movement into neighbour borders, particularly the displacement flow was heavy towards the administratively lax borders of northeastern states. Victims’ escaping persecution had strengthen their breed roots on Indian soil just to 
encounter legal ambiguity dealing with their status, rights, and protection against forced. 
 This essay unambiguously becomes voice of the displaced, their grieves will get constitutional safeguard through the mechanism of uniform asylum law. Such a framework would guarantee that humanitarian protection in India is grounded in law rather than discretion by offering procedural one that harmonises constitutional values, particularly the right to life and personal liberty under Article 21, with international human rights norms and legitimate security considerations.

Current Issue

Refugees Beyond Borders: The case for a Uniform Asylum Law in the Wake of the Manipur and Myanmar Crises

Author: Ishika Garg, BALLB Student at Guru Gobind Singh Indraprastha University
  • Share on: