Refugee Law in India : The Road from Ambiguity to Protection

Description

This book considers refugee protection mandates and addresses how legal scholarship can articulate a comprehensive and humane response to the contemporary refugee problem. Analyzing philosophical discourses and India’s policies and practices on refugee protection, including judgments of Indian Courts in refugee related cases, it examines how organizational efforts can make these policies and practices equal for every refugee in India. It also surveys prevailing discriminative protection standards and entitlements developed through Conventions, Declaration and Directives, and compares and contrasts national refugee legislations in South Africa, Brazil and Canada. A key read for scholars and practitioners interested in the legal and policy implications of refugee protection, this text identifies various practices of nation-States from across the North/South divide and provides key insights into the evolving nature of protection agendas. Read more... Abstract: This book considers refugee protection mandates and addresses how legal scholarship can articulate a comprehensive and humane response to the contemporary refugee problem. Analyzing philosophical discourses and India’s policies and practices on refugee protection, including judgments of Indian Courts in refugee related cases, it examines how organizational efforts can make these policies and practices equal for every refugee in India. It also surveys prevailing discriminative protection standards and entitlements developed through Conventions, Declaration and Directives, and compares and contrasts national refugee legislations in South Africa, Brazil and Canada. A key read for scholars and practitioners interested in the legal and policy implications of refugee protection, this text identifies various practices of nation-States from across the North/South divide and provides key insights into the evolving nature of protection agendas Front Matter ....Pages i-xxviii Philosophy of Refugee Protection and Legal Condition of Refugees in India (Shuvro Prosun Sarker)....Pages 1-26 Response of Judiciary Towards Refugees in India (Shuvro Prosun Sarker)....Pages 27-54 Parliamentary Proceedings, Response of National Human Rights Commission and Institutions Towards Refugees in India (Shuvro Prosun Sarker)....Pages 55-78 Field Study on Condition of Refugees in India (Shuvro Prosun Sarker)....Pages 79-107 International Standards of Refugee Protection (Shuvro Prosun Sarker)....Pages 109-134 A Comparative Study on National Refugee Law of South Africa, Brazil and Canada (Shuvro Prosun Sarker)....Pages 135-160 Visualization of a Refugee Law for India (Shuvro Prosun Sarker)....Pages 161-182 The Call for a New Law (Shuvro Prosun Sarker)....Pages 183-198 Back Matter ....Pages 199-213