Challenges in Protecting Refugee Rights in Globalizing World: An Examination of the Rohingya Refugee Crisis in India
- NLR Journal
- Mar 16
- 1 min read
By Dinesh Kumar Mishra, Teaching & Research Associate (Law), Gujarat National Law University, Gandhinagar.
Abstract
The Rohingya refugee crisis in India has emerged as a critical international issue, shedding light on the complexities and challenges of international refugee law. This research paper provides a comprehensive evaluation of the legal, humanitarian, and political dimensions of the crisis, with a focus on India's response to the Rohingya refugees. Drawing upon a thorough analysis of relevant international treaties, conventions, and jurisprudence, this study examines India's legal obligations and responsibilities in providing protection and assistance to Rohingya refugees. The paper also explores the broader implications of the crisis for international refugee law, including non-refoulement, access to asylum, and the principle of non-discrimination. This paper also focuses on the challenges refugees face within the framework of international law. The objective of this study is twofold: firstly, to understand the legal framework that governs the protection of refugees, and secondly, to examine how states incorporate and implement the international legal structure within their domestic jurisdictions. The constraints of international legislation in effectively resolving the refugee issue are brought to the forefront through instances of disagreement and division. There is a contention that disputes and divisions exist in how notions such as sovereignty, nationality, territoriality, jurisdiction, and legal obligation are conceptualized and put into practice within international law. The issue is contextualized by employing the example of the Rohingya refugee crisis from India. The previous section also emphasized significant advancements in establishing a more robust framework for safeguarding refugees per international law.
Keywords: Rohingya Refugees, International Refugee Law, Non-Refoulement, Legal Obligations, Sovereignty and Jurisdiction.
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