Assessing the Effectiveness of International Legal Frameworks in Protecting Afghan Refugees in India: A Comprehensive Study

Abstract

The Afghan refugee crisis has led to a significant exodus of refugees to neighbouring countries, including India. India, not a signatory to the 1951 Refugee Convention or its 1967 Protocol, lacks a concrete national refugee law and policy, leading to haphazard processing of Afghan refugees. This lack of a specific legal framework poses numerous challenges for Afghan refugees in India. The Indian government's response to the influx of Afghan arrivals has been influenced by geopolitical and diplomatic considerations, mirroring the Cold War politics of the 1980s. This lack of a comprehensive legal framework for refugee protection in India underscores the urgent need for the country to enact legislation addressing refugees.

This study aims to critically evaluate the effectiveness of international legal frameworks in safeguarding the rights and welfare of Afghan refugees in India. The research will delve into the intricacies of global refugee law, its application within the Indian context, and its impact on the Afghan refugee community. The study will employ a mixed-methods approach, combining case studies, quantitative data analysis, and India's legal and policy framework for refugee protection. The findings will contribute to the existing body of knowledge on refugee protection in India, shed light on the complexities and challenges faced by Afghan refugees, and provide valuable insights for policymakers and stakeholders involved in refugee affairs.