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VOL. 12, ISSUE 1 (2026)
When borders blur: Constitutional silence and the refugee question in contemporary India
Authors
Karmanya, Nivedita
Abstract
This paper critically
examines the paradox within India’s constitutional and legal framework
regarding refugee protection, highlighting the tension between humanitarian
commitments and sovereign discretion. Despite India’s long-standing tradition
of hosting displaced populations and its engagement with key international
human rights instruments, the absence of a dedicated refugee law has resulted
in an inconsistent, ad hoc approach to asylum governance. The study analyses
the principle of non-refoulement and its partial judicial recognition under
constitutional guarantees of life and liberty, while exposing its uneven
application in practice, particularly in cases involving Rohingya refugees. It
further interrogates the selective and politically contingent treatment of
different refugee groups, demonstrating how executive discretion often
overrides normative humanitarian standards. By drawing parallels with internal
displacement crises such as the Manipur conflict, the paper underscores a
broader structural deficiency in India’s legal response to displacement.
Ultimately, it argues for the urgent need to establish a uniform, rights-based
asylum framework that reconciles constitutional values, international
obligations, and national security concerns, thereby transforming India’s
current legal ambiguity into a coherent and principled refugee protection regime.
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Pages:409-412
How to cite this article:
Karmanya, Nivedita "When borders blur: Constitutional silence and the refugee question in contemporary India". International Journal of Law, Vol 12, Issue 1, 2026, Pages 409-412
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