The Indian Judiciary In Promoting Refugee Right In India

The judiciary acts as a safeguard against the arbitrary detention of refugees. In instances where refugees are held in detention facilities, the courts intervene to ensure that such detention is lawful, just, and complies with constitutional principles.India has long had a sizable and varied refugee population, even though it is not a signatory to the 1951 Refugee Convention or its 1967 Protocol. The Indian judiciary has been instrumental in protecting the rights of refugees in the absence of a formal domestic legal framework that governs refugee protection. This study analyzes landmark rulings, constitutional clauses, and the application of international human rights principles to investigate the changing role of the Indian judiciary in defending the rights of refugees. Courts have given refugees protection from arbitrary detention, deportation, and refoulement by interpreting Article 21 of the Indian Constitution, which protects the right to life and personal liberty. The study also looks at how the courts strike a balance between humanitarian duties and national security considerations. The study emphasizes the successes and drawbacks of judicial intervention in the absence of codified refugee law through a critical examination of case law and judicial activism. In the end, the study emphasizes the necessity of a thorough national refugee policy while acknowledging the critical role that the judiciary plays in protecting basic human rights.