54 i REVIEW OF LAWS, IMPLEMENTATION OF TREATIES AND OTHER INTERNATIONAL INSTRUMENTS OF HUMAN RIGHTS treatment of refugees, including the different possibilities such as enactment of national refugee law and/or possibility of signing the Convention onRefugees and the related protocol, in consultation with other Ministries/Departments concerned of the Government. This process is likely to take time.' 5.22 The Commission is happy to note that the process has been initiated. It is less happy to note that the 'process is likely to take time,' especially since no time frame whatsoever has been mentioned by the Government.It has been the experience of this Commission, when it has considered it necessary to intervene on behalf of refugees; that there is an area of arbitrariness in the present practice that must be corrected if the rights of bona fide refugees are to be properly and consistently protected. India has every reason to be proud of the generosity of its historical tradition in granting protection to those who have sought refuge within its territory. Indeed, when this Commission considered it essential to file a writ petition before the Supreme Court in 1995 in order to ensure that the rights of Chakmas in Arunachal Pradesh were protected, the Apex Court took the view that the protection of Article 21 of the Constitution, which ensures the right to life and liberty, is applicable to all, irrespective of whether they are Indian citizens or otherwise. In effect, this brought in the requirement of fair procedure in dealing with refugees, and thereby the concept of equality. Despite this great tradition, however, there is now need, especially in a time of growing population movements and demographic pressures, to establish a system that works uniformly and systematically to distinguish between the bona fide refugee and the economic migrant, between those who seek asylum in our country because of a fear of persecution, and those who would seek to enter it to cause harm, even through acts of violence or terrorism. 5.23 The Commission therefore hopes that the action now initiated by the Central Government will be completed within a time-frame that is clear and reasonable, so that this important matter, touching upon the human rights of an extremely vulnerable group of persons, is expeditiously acted upon in a manner that is consistent with the dictates of our Constitution, the decisions of our Supreme Court and the international instruments on this subject. NATIONAL HUMAN RIGHTS COMMISSION

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