Law for Refugees in India

India is not a signatory to the 1951 United Nations Convention on the Status of Refugees and the 1967 Protocol thereon. There is no national law on Refugee at present. Government has circulated a Standard Operating Procedure for dealing with foreign nationals who claim to be refugees to all State Governments/ Union Territories on December 29, 2011. This Standing Operating Procedure stipulate that cases, which are prima facie justified on the grounds of a well founded fear of persecution on account of race, religion, sex, nationality, ethnic identity, membership of a particular social group or political opinion, can be recommended by the State Government/Union Territory Administration to the Ministry of Home Affairs for grant of Long Term Visa (LTV) after due security verification. A foreigner to whom LTV is permitted by the Ministry of Home Affairs will be allowed to take up any employment in the private sector or to undertake studies in any academic institution. 

 

Shri Kiren Rijiju MoS (Home) gave this information in Rajya Sabha today in a written reply to a question by Shri Anil Madhav Dave.