This paper will examine how the national law initiatives can be broadened and revived with upcoming ‘climate refugees’.

India’s geopolitical position in South Asia is popular for asylum seekers, migrant workers and future flows of climate refugees. Without the legal recognition, refugees in India have difficulties in accessing basic facilities such as employment, medical facilities, education and health care.

It is now widely known that climate change will significantly affect India. There are few studies available on how climate change is going to affect the migration of people. It has been claimed that 70,000 people of the 4.1 million living in the Indian part of the Sundarbans islands would be rendered homeless by 2020. India is home to nearly 190,000 refuges originating from various countries around the world. Yet, refugee protection in India is regulated solely at policy level by national administrative authorities. There are no laws that distinguish between refugees and foreigners in India. Thus, there is a clear gap within the law which requires immediate action and attention. India needs to develop its own Refugee Protection laws.

Extrait

Abstract

"Everyone has the right to seek and to enjoy in other countries asylum from persecution."

Climate change symbolizes an inherently global challenge. The effects of climate change may

displace two hundred million people both internally and across national borders by the middle of

the twenty-first century (UNHCR, 2009). In recent years, severity of natural disasters pushed

people from their homes on an unprecedented scale. Climate refugees require adequate land right

provisions in future treaties to ensure effective international resettlement. The Indian legal

framework has no uniform law to deal with its huge refugee population, and has not made any

progress towards evolving one. India has so far dealt with situations of mass influx without a

refugee law. The need for a refugee law is urgent and immediate in the wake of climate induced

migration emergencies. This article examines current domestic law, protection instruments and

points out gaps in them and examining of various proposals for filling those protection gaps, with

the focus on cross-border climate induced displacements/migration.

Introduction

It is now widely recognized that climate change will significantly adversely affect India, there

are few studies available on how climate change is going to affect the migration of people. It has

been asserted that 70,000 people out of the 4.1 million living in the Indian part of the Sundarbans

islands would be rendered homeless by 2020 (Panda, 2010). India is home to nearly 190,000

refuges originating from various countries around the world (Sarker, 2014). Yet, refugee

protection in India is regulated solely at policy level by national administrative authorities. India

is neither a party to a 1951 Refugee Convention nor 1967 protocol nor has it adopted national

refugee legislation. In India due to the absence of a codified protection strategy or a specific

national law on aliens; refugee rights in our country are highly ambiguous. Hitherto, there are no

laws that distinguish between refugees and foreigners in India. Thus, there is a clear lacuna

within the law which requires immediate action and attention. India needs to develop its own

Refugee Protection laws. In this paper, we will be examining how the National law initiatives

can be broaden and revived with upcoming `climate refugees' which is being represented as

`carrier of crisis' by dominant literature.

India's geopolitical position in the South Asia makes it a preferred destination for asylum

seekers, migrant workers and future flow of climate refugee per se. The cross-border movement

into India, which should be a foundation to frame a National refugee law, the need for which is

becoming very essential with a increasing conflict in the South Asian region with upcoming

emergencies of climate change. Without the legal recognition, refugees in India have difficulties

in accessing basic facilities such as employment, medical facilities and education, health care.

Climate induced Displacements/ Migrations in/to India

Major impact of climate change is the increased frequency and severity of certain hazards and

forced displacements and migrations. In 2009, OCHA worked with the Internal Displacement

Monitoring Centre of the NRC have estimated that in 2008 as many as thirty-six million people

had been displaced by such disasters over twenty million by climate-related sudden-onset

disasters alone. All countries will be affected by climate change, but some are more directly

exposed than others. The IPCC reports highlights that dangers associated with the Arctic, Africa,

small islands, and the Asian and African mega-deltas, while recognizing that `within other areas,

even those with high incomes, some people (such as the poor, young children and the elderly)

can be particularly at risk, and also some areas and some activities' (IPCC, 2007).Much sudden-

onset, natural-disaster-induced displacement is temporary if there is effective rehabilitation and

recovery, but some displacement becomes permanent. (IASC, 2008)

The International Organisation for Migration estimates that eventually some one billion people

could be environmentally displaced from their original homes and lands ( Lonergan and Swain

1999). In terms of likely displacement within particular countries including China (30m

displaced), India (est. 30m displaced), Bangladesh (est. 20m displaced) and Egypt (14m

displaced) . How, people displaced by climate change are being protected by International and

National legal regimes in India are still uncertain. Those displaced by climate change are not yet

recognized in international law as a special group whose rights are expressed or as a formal legal

category of people in need of special protection (McAdam J and Saul B., 2008). The irony of the

fact that the protection needs of people displaced by Climate Change have not yet been fully

taken with a sense of urgency. Legal moral scholarship is still at nascent stage in context of

climate induced forced displacements.

Historical background of Practices of Refugee Protection in India

In South Asia, India is committed to maintaining a tolerant, democratic and secular government

in a neighbourhood of unstable and impulsive states. India has absorbed several flow of

population in the history and these peoples integrate into a multi-ethnic society and contribute

peacefully to local cultures and economies have beckoned other refugees (Acharya, 2004).

Before the drafting of the 1951 Refugee Convention, India has faced the largest movement of

refugees during the time of partition. An independent Ministry of Rehabilitation in 1947 was

created to assist the displaced persons from both West and East Pakistan. In the period of 1984 -

1985, the government of India abolished the Department of Rehabilitation and created a

Rehabilitation Division under the Ministry of Home Affairs. At present this is known as

Freedom Fighters and Rehabilitation Division (The Rehabilitation Wing, 2015). India shares

land and maritime borders with eleven countries, most of which are in various states and over the

years, has hosted large refugee populations from neighbouring countries. Despite India's porous

borders and accommodative policies in 2004, India hosted approximately 3, 30,000 such people (

Florina Benoit, 2006).

On the eve of partition in 1947, 3.4 million (Government of India, 1954) people had come to

India from East Pakistan and the first five year plan provided1357 million rupees (ibid:2) for the

rehabilitation of those refugees. By the end of July 1948, the number of refugees coming from

East Pakistan (former Bangladesh) was around 1.1 million (Prafulla K Chakraborty, 1999). In

June 1952, there were about 2062 government refugees camps (Hiranmay Banerjee, 1970). In

1959, India faced again the regional (Eileen Kaufman, 2008) flow of refugees from Tibet and

accepted them on humanitarian grounds. It has now been almost 55 years that they have had to

settle in India. There was vertical rise of refugees in 1965 minority community people fled from

East Pakistan to India due to fear of persecution by the Pakistani Army. In the period from 1964

to 1968 a large number of Chakmas migrated to India due to the ethnic disturbance in the

Chittagong Hill Tracks Area. But the majority of refugees from this area were admitted at once

in 1971 when the Liberation War of Bangladesh broke out. There was also a movement of

refugees from Bangladesh in 1986 from the Chittagong Hill Tracks in Tripura when the

government of Tripura arranged for rehabilitation packages for these people (Malabika Das

Gupta, 1986). Even today, the minority population of Bangladesh crosses the international

border fleeing persecution ( Shuvro Prosun Sarker, 2014).

4.1. Purpose to Refugees: The Foreigners Act

The Foreigners Act is an old legislation that was enacted by a colonial government in response to

the needs of the Second World War (The Foreigners Act, 1946). Government of India's desire to

retain this act after more than sixty years of independence represents absolute powers to deal

with foreigners. Section 2(a) of the Act defines a `foreigner' as "a person who is not a citizen of

India", thus covering all refugees within its ambit as well. Without a specialized governance

regime for refugees they are usually treated on par with foreigners and illegal migrants, without

any special protection being accorded to them. However, it is necessary to draw a distinction

between foreigners as a general class and refugees as a special subset of that class.

Section 3 of the Foreigners Act vests the Central Government with the power to issue orders to

control foreigners in India. There are a number of such orders in force that restrict the movement,

activity and residence of foreigners; and, require their proof of identity and regular appearance

before the police (the Foreigners Order, 1960, 1962, 1968, 1986, 1971). The Foreigners Act

gives the executive wide powers to remove foreigners from India that have generally been

exercised free from judicial review. This power is given to the Central Government by Section

3(2) (c) of the Foreigners Act, 1946. This is in addition to the power to refuse entry for non-

fulfillment of entry conditions that invites instant deportation. The unrestricted power of the

executive to remove foreigners was first confirmed by the Supreme Court in 1955 where it held

that:

"The Foreigners Act confers the power to expel foreigners from India. It vests the Central

Government with absolute and unfettered discretion and, as there is no provision fettering this

discretion in the Constitution, an unrestricted right to expel remains."(ibid)

The untrammelled right of the executive to remove foreigners from India has been upheld by the

Supreme Court in a number of subsequent decisions. While exercising this vast executive

discretion, any foreigner may be deported without the executive being burdened to give a reason

for the deportation (Hans Muller AIR 1955).

4.2. Constitutional Protection to a Foreigner

Foreigners are allowed to some degree of protection and care in India under the constitution.

This includes Article 14 that guarantees equality before the law and the equal treatment of the

law and under Article 21 of the Indian constitution right to life, liberty and due process

provision. Foreigners enjoy the protection of Article 21 in two ways: (a) They are equally

entitled to the right against deprivation of life or bodily integrity and dignity (Louis De Raedt

1991) (b) To a certain extent, the right against executive action procedural due process accrues to

them (P. Mohammad Khan 1978).

Foreigners are also entitled to the protection of some of the rights recognized in Article 20

Article 22 [rights upon arrest or detention] Articles 25-28 [the right to freedom of conscience and

the free practice and propagation of religion]; and, Article 32 [the right to move the Supreme

Court for encroachments of the rights listed above]. Courts in India have also provided a certain

measure of socio-economic protection in special circumstances the role of the UNHCR in India

has also been given a limited recognition by the judiciary. In 1996, the Supreme Court in

National Human Rights Commission v/s. State of Arunachal Pradesh((1996) 1 SCC 742)

intervened with a liberal interpretation of the law to suggest that refugees are a class apart from

foreigners deserving of the protection of Article 21 of the Constitution. The Court held at pr. 20:

"We are a country governed by the Rule of Law. Our Constitution confers certain rights on every

human being and certain other rights on citizens. Every person is entitled to equality before the

law and equal protection of the laws. So also, no person can be deprived of his life or personal

liberty except according to procedure established by law. Thus the State is bound to protect the

life and liberty of every human being, be he a citizen or otherwise, and it cannot permit anybody

or group of persons, e.g., the AAPSU, to threaten the Chakmas to leave the State, failing which

they would be forced to do so."

4.3. The Role of Indian Courts

Indian courts evolved a wider and humane approach to protect the rights of refugees in India. In

1996, the Supreme Court in National Human Rights Commission v. State of Arunachal Pradesh

intervened with a liberal interpretation of the law to suggest that refugees are a class apart from

foreigners deserving of the protection of Article 21 of the Constitution.

The Court held at para 20:

"We are a country governed by the Rule of Law. Our Constitution confers certain rights on every

human being and certain other rights on citizens. Every person is entitled to equality before the

law and equal protection of the laws. So also, no person can be deprived of his life or personal

liberty except according to procedure established by law. Thus the State is bound to protect the

life and liberty of every human being, be he a citizen or otherwise, and it cannot permit anybody

or group of persons, e.g., the AAPSU, to threaten the Chakmas to leave the State, failing which

they would be forced to do so."

While there is no real and specific recognition of the right against non- refoulement, courts have,

on rare occasions, accorded to individual refugees the right against forced repatriation

(P.Nedumaran,1992). Courts have also provided a certain measure of socio-economic protection

in special circumstances (Digvijay, 1994). The role of the UNHCR in India has also been given a

limited recognition by the judiciary. Courts have injected deportation proceedings and ordered

the release of individual refugees in order to provide an opportunity to approach the UNHCR for

refugee status determination or to allow resettlement to take place ( Malvika Karlekar, 1992).

4.4. The National Human Right Commission initiative for formulating Law

The NHRC initiated a dialogue on 2 October 1997with senior officers of the Indian ministry of

External Affairs to examine the possibility of India becoming party to the 1951 United Nations

Convention relating to the status of refugees and 1967 protocol on the subject. The commission

is of the view that it is essential that India develops a national policy and possibly with the 1951

UN Convention and the 1967 protocol have been recounted in its earlier reports (Rajeev Dhavan,

2003).

In Paradoxes of the International Regime of Care:

"India has concluded that unwanted migrations, including those of refugees, are a source of

bilateral and not multilateral relations, and international agreements could constrict her freedom

of action." (Sarbani Sen, 2003).

This sheds some more light on India's reluctance to sign the International Convention or the

Protocols on refugee law. Scholars like Mahendra P Lama (2000) provides a three-dimensional

model to explain the risk to national security through refugee movements that present different

threats due to a) Strategic-level security, when Refugees are armed and when the Government

loses control over the refugees. b).Structural-level security is threatened by increasing demands

on and conflict over scarce resources. c). Regime-level security is threatened when refugees

enter the domestic political process and create pressures on the government. These three

dimensions lie in the sphere of political security. In future this may apply in climate refugee

context too.

India's Supreme Court has gone so far as to extend the application of Article 14 (Right to

Equality) and Article 21 (Right to Life and Dignity) to everyone, including migrants and

refugees residing within the territory of India, and also basic human rights as defined by the

United nations have been conferred upon the refugees.

The Ministry of External Affairs considers the 1951 Convention and the 1967 Protocol a `partial

regime for refugee protection drafted in a Euro-Centric Context' and it further stated that

Convention does not `address adequately situations faced by developing countries, as it is

designed primarily to deal with individual cases and not with situations of mass influx.' (UN

Division, 1999) Scholars like B. S. Chimni stated that "The Convention is being dismantled by

the very states which framed the convention" (B. S. Chimni, 1998). The current watchdog of

India's refugee policy, the NHRC, has made numerous recommendations advising the

formulation of such a law, in accordance with the articles of the Convention, but with an Indo-

centric nature and content (Nair, A. 2007). Climate refugees require provisions of adequate

resettlement with dignity in future treaties to ensure effective international resettlement. Land

ownership and relocation assistance provide climate refugees the opportunity to adapt to their

new surroundings and establish productive communities (Simon Levine and Judy Adoko 2006).

Indian Practices Regarding Refugee Protection

Indian law does not treat refugees as a special class distinct from foreigners, there have been a

number of special legislative measures to deal with refugee influxes. Special laws to deal with

refugees have been used primarily by the various State Governments and Special measures to

respond to refugee influxes were most extensive in the aftermath of the Partition of India in

1947, the flow of Tibetan in 1959 and the Bangladeshi mass inflow in 1971.

The practice of the Indian Government has been to deal with refugees in three main ways:

a) Refugees in mass flows situations are received in camps and temporary protection by the

Indian Government in form of socio-economic protection.

b) Asylum seekers from South Asian countries, or any other country with which the

government has a sensitive relationship, apply to the government for political asylum

which is usually granted without an extensive refugee status determination subject, of

course, to political urgent requirement.

c) According to the UNHCR Statistical Yearbook on India, 2003, Citizens of other countries

apply to the Office of the United Nations High Commissioner for Refugees (UNHCR) for

individual refugee status determination in accordance with the terms of the UNHCR

Statute and the Refugee Convention.

Indian refugee policy is often guided by political compulsions but not rights-enabling legal

obligations. The first mass influx following the Partition of the country in 1947 was met with a

number of legal and administrative mechanisms designed to assist the incoming Hindus and

Sikhs into the national mainstream and then 1959 the flow of refugees occurred from Tibet

Indian government set up camps, provided food and medical supplies, issued identity documents

and even transferred land for exclusive. In three waves, the Sri Lankan Tamil refugees arrived in

India beginning in 1983 have also been relatively well received in the geographically and

ethnically contiguous State of Tamil Nadu. In comparison, the flow of Chakma of 1964 and 1968

saw a passive and reluctant government response. According to National Human Rights

Commission 1996:

"The threat posed [to the Chakma refugees] was grave enough to warrant the placing of two

additional battalions of [police]. It is reported that...economic blockades on the refugee camps

adversely affected the supply of rations, medical and essential facilities etc. to the Chakmas. The

fact that the Chakmas were dying on account of the blockade for want of medicines is an

established fact" (Bhairav Acharya)

The largest mass influx in post-Partition history occurred in 1971 when approximately 16 million

refugees from erstwhile East Pakistan. Enormous amounts of socio-economic and other

resources were spent by both the Central Government and the governments of the neighbouring

States to deal with the crisis. The experience of the Indian government was both bitter at the non-

responsiveness of international organisations. Refugees who are not extended direct assistance

by the Indian Government are free to apply to the UNHCR for recognition of their asylum claims

and other assistance. The Refugee Certificates issued by the UNHCR are not formally recognised

by the Indian Government, making them legally unenforceable in India. These kinds of problems

are going to be multiply if state actors and agencies could not come out with apparent legal

accountability.

5.1. India's International law obligations for providing protection and care

India has signed a number of international conventions that impose upon its obligations to

provide protection and care to large number of refugees. This included the Universal Declaration

of Human Rights, 1948 under Article 14(1) of the UDHR which stated that `everyone has the

right to seek and to enjoy in other countries asylum from persecution'. Secondly, India signed

the International Convention on Civil and Political Rights 1966 , International Convention on

Economic, Social and Cultural Rights, 1966; the International Convention on the Elimination of

all Forms of Racial Discrimination, 1966; the Convention against Torture and Cruel, Inhuman or

Degrading Treatment or Punishment, 1984 under Article 3(1) of the CAT states that, "no state-

party shall expel, return (`refouler') or extradite a person to another state where there are

substantial grounds for believing that he would be in danger of being subjected to torture. India

is also a member of executive Committee (ExCom) of the UNHCR which approves and

supervises the material assistance programmes of the UNHCR. It is clear that India respects

international treaties on the treatment of people residing within its territory, but it chooses to

maintain its own administrative arrangements for dealing with temporarily or permanently

settled refugees communities, while providing UNHCR little room to assist except in emergency

situations like the displacement of Chakma tribals from Bangladesh or rehabilitation of refugees

from Afghanistan or the Autonomous Region of Tibet ( Sarbani Sen, 2003).

In 1998, it was estimated that that out of more than 300,000 refugees in India, only 18,500 have

received UNHCR protection. (H K Thames, 2000) The restricted role of the UNHCR as the

international watchdog body provides the basic reason for Indian policymakers to establish the

framework of a uniform national law on refugees to meet international criticism regarding the

condition of refugees in the country. India's international law obligations must be considered in

the light of these commitments.

5.2. Eminent Persons Group (EPG) - A model law for refugee protection

The Eminent Persons Group (EPG) for South Asia, put together by the UNHCR, approved a

model national law at its Dhaka Consultation in 1997. This model law is the first step in the

process of building a consensus on preventing, managing and solving the problems of refugee

flows within South Asia in a comprehensive and humane manner. The India-specific model law

was born out of this regional process to provide constitutional protection to refugees in the

diverse South Asian region. There have been attempts in Parliament to highlight the special

needs of refugees, but no member has yet demanded a specific law for identifying and protecting

refugees, and no legislative attempts have been made not even a private member's bill to create

such a law (Bhairav Acharya, 2004).The situation of indigenous tribes on the northern and

eastern borders of India and on the Burma border has been a matter of sensitivity. Excluded and

marginalized from the hegemonic Bangla linguistic and cultural identity, these tribes have sought

refuge in neighboring India which is also an additional source of tension between the India and

Bangladesh.

5.3. Climate `Migrations' Implications for India

Climate change might result in two types of displacements and migration. Firstly, amplified

inter-state migration is likely to happen within India and secondly, climate change might lead to

intra-state increased flow of migrants from neighbouring countries due to the accelerated effects

of climate change. Bose (2014) noted that Indian Sundarbans dwellers constantly migrating from

one island to another. Secondly, rural Bangladeshis infiltrating through the porous border

recognised neither by their government as Bangladeshi citizens nor by India as `climate

refugees'. The Bangladesh government does not stem the flow of migrants and does not take

back those identified as illegal migrants. Therefore It has been estimated that 20 million people

are annually migrating from Bangladesh to India (Brown, O 2007). The future effects of climate

change are likely to increase the flow of population from Bangladesh to India. Myers argues that

climate refugees from Bangladesh alone might outnumber all current refugees worldwide. He

projected that 26 million refugees will come from Bangladesh (Myers N. 2002). Bangladeshi

migrants have expanded the population of neighbouring India by 12 to 17 million over the last 40

years caused by environmental scarcity. ( Homer-Dixon, 1994)

The river basins of Mahi, Pennar, Sabarmati and Tapi are likely to experience constant water

scarcities and shortage (NATCOM, 2004) .Climate change is expected to increase the drought in

semi-arid peninsular India and western India, leading to further immiseration of the landless and

small and marginal farmers, who are typically forced to migrate more often to cities ( Revi,

2007). A large part of the coastal regions of India are at risk of accelerated sea level rise,

intensification of cyclones, and larger storm surges. Increasing adverse effects of climate change

along the Indian coasts may induce many people to migrate from the low lying and risky areas.

India was estimated to have the second-largest population located in the low elevation coastal

zone of 63 million and seventh in terms of area, i e, 82,000 square kilometres (McGranahan, G,

D Balk and B Anderson 2007) The Indian region is densely populated, stretches over 7,500 km

and is inhabited by more than a 100 million people in nine coastal states (NATCOM, 2004).

Recent observation suggests that the sea level has risen 2.5 mm per year since the 1950s along

the Indian coast. A one-meter sea level rise is projected to displace approximately 7.1 million

people in India, and about 5,764 sq km of land area will be lost, along with 4,200 km of roads.

Several cases of displacement due to climate change have been reported in recent years. The

submergence of the Lohachara Island in India's Sundarban has led people to move to the nearby

Sagar Island. Climate change might lead to increased flow of migrants from neighbouring

countries (The Telegraph, 2006).As many as 120 million people could be rendered homeless by

2100 both in India and Bangladesh due to sea level rise and given the proximity of Bangladesh to

India much of the people will end up as migrants in Indian cities which are already facing

resource scarcity (Rajan, Chella, 2008). Flooding currently displaces 5,00,000 people every year

in Bangladesh (Warner K et al, 2009). It has been estimated that 20 million people are annually

migrating from Bangladesh to India (Brown, 2007:49). The future effects of climate change are

likely to increase the flow of population from Bangladesh to India. Bangladesh is currently

faced with severe crisis of land and water, caused by population growth, environmental change

and recurring natural disasters and the flow of migration from Bangladesh to India may increase

at a faster rate (Alam, 2003). There is already opposition in India to accept climate induced

migrants, as evidence in India's plan to erect a barrier at its border with Bangladesh to prevent

entry of `terrorists and illegal immigrants' (Roy, D.C., 2011) In such circumstances, India needs

to coordinate with UNHCR along with countries like Bangladesh and Maldives in developing a

guiding framework instead of border management and prevention of cross border displacement

and migration. (Vaid, M and Maini, 2014) India should revisit and explore the existing

mechanisms which deal with external displacement. Like in United States, under immigration

Act of 1990 congress established a procedure by which the Attorney General may provide

Temporary Protected Status to immigrants in the United States who are temporarily unable to

safely return to their home country due to armed conflict, environmental disaster, or other

extraordinary and temporary conditions (ibid)

India along with other South Asian nations should develop a model or regional framework for

accommodating people who are suffering from the adverse consequences of climate change. This

could even have a favorable impact on the geo-economics and geopolitical equations that India is

sharing with other nations. Therefore firstly a national legal regime needs to be broaden and

develop and thereafter efforts are required towards developing a regional framework for the

protection of illegal migration.

Closing in Absence of strong Legal-moral-emotional Geographies

India has been facing the problem of refugees, displacements and migrations without a refugee

law but with a continuously increase in the number of climate refugees and asylum seekers, a

large section of who may not be return to their country in the near future. A uniform law is the

need of an hour and would allow the government to maintain its huge non-citizen population

with more accountability, responsibility and order. It's high time for the legal geographies to

include moral- emotions geography and consider the pain of displaced and forced migrants

seriously and provide them adequate care and assistance. Legal geographies need to reflect the

emotions of the displaced people and for those who have left behind their ancestral lands and

assets and some of them loose their cultural identity too. In such a circumstance, legal

geographies should be expanded to provide emotional geographies of hope to the victims and

vulnerable to climate change related phenomenon. A National and regional treaty can be

beneficial for improving its unstable relation with neighbouring countries and make its

geopolitical position strong in the region by having its own National legal regime for protecting

the large number of displaced different communities (Nair, 2007). India should see climate

change as an opportunity to develop and broaden its legal regime of hope for providing

protection and care to refugees and climate displaced/refugees per se.

References

Acharya, B. (2004). The law, policy and practice of refugee protection in India,

https://notacoda.files.wordpress.com/2014/08/acharya-the-law-policy-and-practice-of-

refugee-protection-in-india.pdf.

Alam, S. (2003). "Environmentally Induced Migration from Bangladesh to India",

Strategic Analysis Vol 27, No 3.

B. S. Chimni. (1998). The Law and Politics of Regional Solution of the Refugee

Problem: The Case of South Asia, RCSS Policy Studies 4, Regional Centre for Strategic

Studies, Colombo, 1998, p12.

Bhairav Acharya .(2004). The Law, Policy and Practice of Refugee Protection in India,

https://notacoda.files.wordpress.com/2014/08/acharya-the-law-policy-and-practice-of-

refugee-protection-in-india.pdf.

Bose, S. (2014). "Illegal migration in the Indian Sunderbans", Forced Migration Review,

issue 45, file:///C:/Users/as/Downloads/crisisNo45.pdf .

Brown, O. (2007). "Climate Change and Forced Migration:Observations, Projections and

Implications", Backgroundpaper for the 2007 Human Development Report.

Cri LJ 919 (Gujarat High Court) at paras 18 20; Lailoma Wafa (unreported) WP

312/1998 (Delhi High Court). Digvijay Mote (unreported) WA 354/1994, Karnataka

High Court.

Eileen Kaufman, `Shelter from the Storm: An Analysis of U.S. Refugee Law as Applied

to Tibetans Formerly.

Florina Benoit. (2004)."India: A National Refugee Law Would Equalise Protection",

Refugees International, 2004. See also, Country Operations Plan for India, United

Nations High commissioner for refugees 2006.

Government of India, Annual Report of Ministry of Rehabilitation (1954-55).

Hans Muller. AIR 1955 SC 367 at para 37; Abdul Sattar Haji Ibrahim Patel AIR 1965 SC

810 at pr. 10; Ibrahim AIR 1965 SC 618 at pr. 8; Louis De Raedt (1991) 3 SCC 554 at pr.

13; and, Sarbananda Sonowal (2005) 5 SCC 665 at prs. 49-52.

Hiranmay Banerjee. (1970). Utvastu (In Bengali, Sishu Shahitya Samsad, Calcutta, 1970)

195.

Homer-Dixon, Thomas .(1994). "Environmental Scarcities and Violent Conflict:

Evidence from Cases", International Security, 19(1): 5-40.

Inter-Agency Standing Committee (IASC), Climate Change, Migration and

Displacement: Who will be affected?, Working paper submitted by the informal group on

Migration/ Displacement and Climate Change of the IASC, 31 October 2008, p. 1.

Intergovernmental Panel on Climate Change, Climate Change 2007: The Synthesis

Report, p. 30.

Lonergan, S and A. Swain.(1999). Environmental Degradation and Population

Displacement. Global Environmental Change and Human Security Project, Research

Report No. 2, Victoria, BC, Canada, May 1999.

Louis De Raedt .1991. 3 SCC 554 at pr. 13 and Sarbananda Sonowal (2005) 5 SCC 665

at prs. 74-79.

Louis De Raedt .1991. 3 SCC 554 at pr. 13; Chandrima Das (2000) 2 SCC 465 at prs. 28,

32 and 34; Anwar (1971) 3 SCC 104 at pr. 4; and, National Human Rights Commission

(1996) 1 SCC 742 at pr. 20.

Mahendra P Lama. (2000). "Managing Refugees in South Asia," Refugee and Migratory

Movements Research Unit (Dhaka: Refugee and Migratory Movements Research Unit,

2000), pp. 19-24.

Malabika Das Gupta, `Refugee Influx' Economic and Political Weekly Vol. 2, No. 38/39

(New Delhi September 20, 1986) 1665.

Malvika Karlekar (unreported) WP 583/1992, Supreme Court; Bogyi (unreported) WP

1847/1989; Khy Toon (unreported) WP 525/1990, (both Guwahati High Court); Shah

Gazai (unreported) WP 499/1996, Punjab & Haryana High Court; Ktaer Abbas Habib Al

Qutaifi 1999 .

McAdam J, Saul B. (2008). An insecure climate for human security? Climate-induced

displacement and international law. Working Paper 4, Sydney Center for International

Law,

University

Sydney,

Australia;

126.

Available

at:

http://www.law.usyd.edu.au/scil/pdf/SCIL%20WP%204%20Final.pdf [accessed on 27

September 2009].

McGranahan, G, D Balk and B Anderson .(2007). "The Rising Tide: Assessing the Risks

of Climate Changeand Human Settlements in Low Elevation Coastal Zones",

Environment and Urbanisation, 19 (1):17-37.

Myers N. (2002). Environmental refugees: a growing phenomenon of the 21st century

Phil. Trans. R. Soc. Lond. B 357 609613 doi:10.1098/rstb.2001.0953

(doi:10.1098/rstb.2001.0953).

Nair, A. (2007). National Refugee law for India: Benefits and Roadblocks, 11 Research

Paper, Institute of Peace and Conflict Studies (IPCS).

National Communication (NATCOM).(2004). "Vulnerability Assessment and

Adaptation", Chapter 3, India's Initial National Communication to the UNFCCC,

Ministry of Environment and Forests, Government of India.

Office for the Coordination of Humanitarian Affairs (OCHA) and the Internal

Displacement Monitoring Centre (IDMC)/Norwegian Refugee Council, Monitoring

Disaster Displacement in the Context of Climate Change, Geneva, 2009, p. 15.

Office of the United Nations High Comm'n for Refugees, Forced Displacement in the

Context of Climate Change: Challenges for States under International Law, May 20,

2009, http://www.unhcr.org/4a1e4d8c2.html (last visited May 22, 2010).

P. Mohammad Khan .(1978). II APWR 408 the right against prosecution under

retrospective penal law; the right against double jeopardy; and, the right against self-

incrimination.

P. Nedumaran. 1992. (unreported) WPs 12298 & 12313/1992, Madras High Court; and,

Gurunathan (unreported) WPs 6708 & 79168/1992, Madras High Court.

Panda, A. (2010). Climate refugees: Implications for India, Economic and Political

Weekly XLV(20): 76-79.

Prafulla K Chakraborty.(1999). The Marginal Men (NayaUdyog, Calcutta,1999).

Rajan

Chella

.(2008).

"Blue

Alert",

Greenpeace

India

Society,

www.greenpeaceindia.org.

Rajeev Dhavan, (2003). "On the Model Law for Refugees: A Response to the National

Human Rights Commission (NHRC)," NHRC Annual Reports 1997- 1998, 1999-2000

(New Delhi: PILSARC, 2003).

Residing in India' (2008-2009) 23 Georgetown Immigration Law Journal 497, 530.

Revi, A .(2007). "Climate Change Risk: An Adaptation and Mitigation Agenda for Indian

States", TARU, New Delhi, India background paper, Global Urban Summit, 8-13 July,

Bellagio, Italy.

Roy, D.C. (2011). Vulnerability and population displacements due to climate induced

disasters in coastal Bangladesh. In: Leighton, M., Shen, X., Warner, K. (Eds.), Climate

Change and Migration: Rethinking Policies for Adaptation and Disaster Risk Reduction.

United Nations University Institute for Environment and Human Security, Bonn, UNU-

EHS, No. 15/2011, pp. 2231.

Sarbani Sen, (2003). "Paradoxes of the International Regime of Care," in, Ranabir

Samaddar (ed.) Refugees and the State: Practices of Asylum and Care in India, 1947-

2000 (New Delhi: Sage Publications, 2003).

Sarker, P S. (2014). Protection of Refugees in India: Quest for National Refugee Law,

RLI Working Paper No. 11.

Shuvro Prosun Sarker, `Bangladeshi Refugees (Undocumented Migrants) in India:

Humanitarian Problem, Requiring Humanitarian Solution', International Journal of

Immigration, Asylum and Nationality Law (Immigration Law Practitioners Association,

United Kingdom) (May 2014).

Simon Levine and Judy Adoko. (2006). Land Rights and Displacement in Northern

Uganda,

Humanitarian

Exchange

Mag,

July

2006,

available

http://www.odihpn.org/report.asp?id=2813.

Special measures to respond to refugee influxes were most extensive in the aftermath of

the Partition of India in 1947, the Tibetan influx in 1959 and the Bangladeshi mass influx

in 1971. See, Rajeev Dhavan, Refugee Law and Policy in India (New Delhi: PILSARC,

2004).

The Telegraph .(2006). Vanishing Islands Displaced Climate Casualties Underlying

Truth, Calcutta, 30 October.

This division has two wings namely Freedom Fighters Wing and Rehabilitation Wing.

The Rehabilitation Wing is dealing with matters relating to relief and rehabilitation of

displaced persons from East and West Pakistan, Sri Lankan refugees and Tibetan

Refugees. For more details see http://mha.nic.in/FREEDOM_FIGHTERS, last visited on

February 12, 2015.

UN Division, Ministry of External Affairs, Refugees (NO. UI/1515/9/99). Quoted in

Chari et al, ibid., pp. 54-59.

Vaid, M and Maini, T.S.(2014). The tenuous future of climate migrants, Analysis

http://m.himalmag.com/tenuous-future-climate-migrants/#sthash.rRKMZciC.dpuf

accessed on 11 February 2015.

Warner K, C Ehrhart, Alex de Sherbenin, S Adamo and T Chin-Onn .(2009). "In Search

of Shelter, Mapping the Effects of Climate Change on Human Migration and

Displacement", by 2008 Cooperative for Assistance and Relief Everywhere, Inc (CARE).

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Résumé des informations

Titre: Climate Change Displacements, National Law and Protection Standards in India
Université: Central University of Haryana (Arya College)
Auteur: Dr Sonali Narang (Auteur)
Année de publication: 2017
Pages: 22
N° de catalogue: V375954
ISBN (ebook): 9783668526297
ISBN (Livre): 9783668526303
Langue: anglais
mots-clé: climate change displacements national protection standards india

Citation du texte: Dr Sonali Narang (Auteur), 2017, Climate Change Displacements, National Law and Protection Standards in India, Munich, GRIN Verlag, https://www.grin.com/document/375954

Climate Change Displacements, National Law and Protection Standards in India

Extrait

Résumé des informations