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UN Refugee Convention Explained: Why India Rejects the Global Pact

The United Nations Convention on Refugees, a landmark 1951 treaty designed to protect the rights of those fleeing persecution, has shaped global asylum policies for decades—yet India remains a steadfast holdout, refusing to sign despite its long history of hosting displaced populations. As debates swirl over sovereignty, security, and humanitarian obligations, this deep dive explores the convention’s core principles and unpacks the reasons behind India’s unwavering rejection on March 28, 2025

Madhulika Rai
Last Updated : Friday, 28 March 2025
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Signed by over 145 nations, the UN Refugee Convention of 1951 sets the international standard for safeguarding refugees, but India has consistently kept its distance, citing concerns over national interests and regional dynamics. This is the statement of the country's Home Minister Amit Shah. He has given this global message from the Parliament of India. Why did he say this, what is the 'United Nations Convention on Refugees'? For which Amit Shah clearly said that India will not sign the United Nations Convention on Refugees. Let us explain every small and big thing related to this in detail. First of all, let us tell you what is the 'United Nations Convention on Refugees'.

What is the UN Convention on Refugees?

The United Nations Convention on Refugees, known as the 1951 Refugee Convention, is a multilateral treaty of the United Nations that defines a refugee, their rights, and the responsibilities of signatory countries. The United Nations Convention on Refugees is an international agreement that protects the rights and safety of refugees. The treaty was adopted in 1951 by the United Nations Conference on the Status of Refugees.

What are the main objectives of this treaty?

The main objective of this treaty is to provide protection and security to refugees, and to ensure that they can take advantage of their rights. Let us tell you the important things related to the definition of refugees, their rights and protection in this treaty.

 

Definition of refugees

The treaty defines a refugee as a person who has fled his or her country because he or she perceives a threat to his or her life, freedom or security. It has been argued that this includes persons who are forced to leave their country to escape persecution because of race, religion, nationality, belonging to a particular social group or political opinions.

Rights of refugees

The treaty protects the rights of refugees, including: the right to life and liberty, the right to protection, and access to education, employment, and housing opportunities.

Protection of refugees

The treaty safeguards the protection of refugees, including: the prohibition of repatriation (i.e., the prohibition of sending a refugee back to his or her country of residence), and the prohibition of violence or persecution against a refugee.

1967 Protocol on Refugees

The 1967 Protocol expands the 1951 Refugee Convention. This protocol applies it to refugees from all countries. However, India is not a party to either of them. India has a clear stand on the 1951 Refugee Convention and the 1967 Protocol.

What did Amit Shah say about the UN treaty on refugees?

Home Minister Amit Shah, a day earlier, on Thursday (March 27, 2025) ruled out the possibility of signing the 1951 UN Convention on Refugees, according to which the government must take in refugees and recognise their rights. He said India is not a "dharamshala".

Amit Shah said- India is not a Dharamshala

Union Home Minister Amit Shah, terming the government's migration policy as a mixture of strictness and compassion, said in the Lok Sabha on Thursday that 'India is not a Dharamshala where anyone can come and live whenever they want'. Responding to the discussion on the 'Immigration and Foreigners Bill, 2025' in the House, he said that those coming to India for business, education and research will be welcomed, but those entering India with wrong intentions and with the intention of spreading unrest will be dealt with strictly.

Shah explained- why did you not sign the international treaty?

After Shah's reply, the House rejected the amendments of some opposition MPs and approved the 'Immigration and Foreigners Bill, 2025' by voice vote. He said, 'For the security of the country, we have the right to know who comes to our country and for how long.' Home Minister Amit Shah said that many times people raise the question why we have not signed the international treaty related to refugees.

 

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