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