NHRC, India
laws to all persons living in the country, not merely to the citizens. In addition, JusticeShri M.M.
Kumar, Hon'ble Member, NHRC, highlighted the concerns of the most marginalised section, i.e.,
the refugee community across the globe. He stated that being human beings, the refugees and
asylum seekers are entitled to all the basic human rights while referring to Articles 14, Article 20
and 21 of the Constitution of India.
7.69 After due deliberations, the following recommendations were made for the concerned authorities:
G.
i.
To compile all the policies, the record of litigation, jurisprudence or the draft laws relating
to refugees and asylum seekers to serve the individuals/organisations working for the rights
of refugees.
ii.
To document and codify the good practices of the Government of India and the States, such
as ensuring vaccination, education of children, protection of rights of women andchildren
and other basic amenities.
iii.
UNHCR needs to update the previously published study reports, documented 15 years ago,
regarding the Government of India's policies on refugees from different countries.
iv.
Need to update the two old NHRC documents regarding the Domestic Asylum Laws and
Model Law for Refugees.
v.
Constitution of a panel/committee of scholars and domain experts to update these draft laws.
vi.
The need for an overarching law/legislation to protect the rights of refugees and asylum
seekers and to end ad-hocism and ambiguity in dealing with refugees and asylum seekers
has been felt. If enacted, it would bring uniformity and legal sanctity to ensure the protection
and realisation of human rights of refugees and asylum seekers across the country and help
them avail themselves of government welfare measures while safeguarding national security
interests.
vii.
Need to have a specific policy framework, taking into account the concerns of refugees and
asylum seekers until the absence of law.
Rights of women
7.70 Discrimination and violations of the rights of women continue to occur at a tragically high
rate despite the constitutional provisions in India for their protection, survival, development,
participation and empowerment. Taking into account this susceptibility, NHRC, India has been
committed to the protection of rights of women and gives great importance to this thematic area in
its work and functioning.
7.71 Moreover, India is party to major international conventions concerning rights of women. The most
important international agreement on women’s rights is the Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW) of 1979 with 189 UN member states as its
signatories. The CEDAW was ratified by the Government of India in 1993. Having ratified the
ANNUAL REPORT
97
2021-22