Legislation concerning refugees

India is neither a party to the Refugee Convention of 1951 nor its Protocol of 1967. It has not enacted any domestic law relating to refugees. However, the Indian Constitution provides that some of the fundamental rights guaranteed under Part III of the Constitution shall be available to “all persons”, and consequently, they are available to refugees as well. Thus, right to equal protection of law guaranteed under Article 14, right to protection in respect in respect of conviction for offences provided under Article 20, right to life and liberty guaranteed under Article 21 and right to protection against arbitrary arrest and detention provided under Article 22 are available to refugees. The Supreme Court of India in a landmark judgment in the case of National Human Rights Commission v. State of Arunachal Pradesh reported in All India Reporter Supreme Court 1996 at page 1234 stated that India is a country governed by rule of law, that 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(Article 14), no person can be deprived of his life or personal liberty except according to procedure established by law(Article 21) and that the State is bound to protect the life and liberty of every human being, be he a citizen or otherwise.