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Refugee protection
Click here to see the numbers and origins of refugees hosted by India.
The following sections contain information on the most important international treaties and agreements of which India is signatory, as well as national legislation relevant to the protection of refugees.
India is not a signatory to the 1951 Convention Relating to the Status of Refugees, which provides the internationally recognised definition of a refugee and outlines the legal protection, rights, and assistance a refugee is entitled to receive, nor to its 1967 Protocol Relating to the Status of Refugees, which expands the Convention to apply universally and protect all persons fleeing conflict and persecution.
India is further neither a signatory to the 1954 Convention Relating to the Status of Stateless Persons, which establishes a framework for the international protection of stateless persons, nor the 1961 Convention on the Reduction of Statelessness, which sets rules for the conferral and non-withdrawal of citizenship to prevent cases of statelessness from arising.
However, India voted affirmatively to adopt the Global Compact on Refugees, a non-binding framework established by the United Nations to enhance international cooperation and responsibility-sharing for refugees, aiming to improve their lives and support host communities. In addition, India has ratified several other international legal instruments that also relate to treatment of refugees, including the:
- International Covenant on Civil and Political Rights (ICCPR), which sets out protections for a wide range of human rights, including freedom from torture and other cruel or unusual punishment, fair trial rights, equality, and non-discrimination;
- International Covenant on Economic, Social and Cultural Rights (ICESCR), which ensures the enjoyment of economic, social, and cultural rights to education, fair and just working conditions, adequate standards of living, social security, and the highest attainable standard of health;
- Convention on the Rights of the Child (CRC), which protects children’s rights and obliges public bodies to consider children’s best interests;
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which sets out provisions to ensure women’s full enjoyment of human rights on an equal basis with men;
- International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), which obliges signatories to take action to eliminate all forms of racial discrimination; and
- Convention on the Rights of Persons with Disabilities (CRPD), which seeks to eliminate disability discrimination and safeguard the rights of disabled people.
India does not have a defined legal framework on refugee protection, despite attempts to formulate legislation in the form of the Model National Law on Refugees and the Protection of Refugees and Asylum Seekers Bill. Instead, refugees are legally treated under general national immigration law applicable to all foreigners. This includes in particular the newly adopted Immigration and Foreigners Bill, 2025 (2025 Act).
The 2025 Act came into force on 4 April 2025 and repeals and replaces (1) the Passport (Entry to India) Act from 1920, (2) the Registration of Foreigners Act from 1939, (3) the Foreigners Act from 1946, and (4) the Immigration (Carriers’ Liability) Act from 2000. The 2025 Act merges these laws into a single framework. As such, the 2025 Act regulates the entry, stay, and exit of foreigners in India. This includes, among other things, the introduction of strict immigration regulations, requiring all foreigners entering India to have valid passports and visas (see sec. 3(1)(1)), and stringent penalties for violations of these provisions, such as fines up to ten lakh (one million) rupees, and prison terms of up to seven years for using fake passports or visas, and up to five years for entering India without valid travel documents (see sec. 21, 22). However, the 2025 Act does not explicitly address refugees or asylum seekers and it does not define or provide for the determination of refugee status nor the procedure for granting protection to people feeling persecution.
Certain persecuted groups may seek protection under India’s citizenship laws as amended in December 2019. The amended laws provide a path to full Indian citizenship for persecuted religious minorities (specifically Hinduh, Sikh, Buddhist, Jain, Parsi, and Christian) from Afghanistan, Bangladesh and Pakistan, provided they had migrated to India by 2024 to apply for citizenship, affecting both government-mandate and UNHCR-mandate refugees. However, the amended law does not define or provide for the determination of refugee status.
Refugee protection in India therefore largely remains sporadic and predominantly based on executive policies, complementary legislation and judicial pronouncements. Refugee protection may be granted by the Indian government or by UNHCR on behalf of the Indian government. Refugees from neighbouring countries (except Myanmar) are managed directly by the government. Refugees from non-neighbouring countries and Myanmar are managed by UNHCR. UNHCR has a help page with further information about refugees in India.
For further analysis, see Shanker and Vijayraghavan, Refugee Recognition Challenges in India and Asylum Laws in India: Can a Foreign National Seek Asylum? Rights of Refugees.
Where and how to
You must go to UNHCR’s New Delhi office (see contact details below) and apply for refugee status by filling out an application form.
Course of proceedings
First, you must provide the documents such as your identity card, passport or any other legal documents that show why you are at risk of being persecuted in your home country. After that, UNHCR will arrange an interview with you. During this interview, the UNHCR will review you case and assess whether your story is credible.
Based on your answers and documents, the UNHCR decides whether you can be granted the status of refugee (this process is called the Refugee Status Determination or RSD). If you are recognized as a refugee, you receive a refugee card. This card gives you limited protection against being forcibly returned to your country and provides some rights in India, such as the protection of refoulment, basic human rights, and the right to work informally. For more details about your rights refer to the following link.
If you are at risk of being deported to your home country, you can file a writ petition either with the High Court of the state you are in (under Article 226 of the Constitution) or with the Supreme Court (under Article 32) asking the court to stop your deportation. This is a separate legal step from the UNHCR process described above, not an appeal of a UNHCR decision. These petitions commonly rely on Article 21 of the Constitution, which protects the right to life and personal liberty and applies to all persons in India, not only citizens. Indian courts have, in some cases, interpreted Article 21 to include protection against being sent back to a country where you would face persecution.
Please note: The appeal period often varies depending on the process your application followed. If your application is rejected and you wish to file an appeal, please seek legal advice as soon as possible, if available to you.
Legal aid organisations
Website / Facebook / Instagram / LinkedIn / X
Address:
Head Office: B-41, First Floor, Soami Nagar, Main Road, New Delhi 110017, India;
Tel: +91 96 2591 8039 | +91 11 4132 5408
Outreach Office: B-93B, 2nd and 3rd Floor, Panchsheel Vihar, Sheikh Sarai, New Delhi 110017, India
Tel: +91 9711128603 | +91 11 35008936
Email: office@aratrust.in
Opening hours: 9:30AM to 5:30PM
M.A.P (formerly known as Ara Legal Initiative) is a women-led law centre with an all-women management. M.A.P has a letter of understanding with the UNHCR to represent asylum claims before the agency. It serves as the first point of contact for UNHCR-mandate refugees in India and provides them comprehensive representation in UNHCR’s RSD/asylum process. It aims to adopt innovative methods to expand the protection space available for forced migrants and refugees, mainly women and children, through programmes focusing on four thematic areas: legal empowerment, women & girls in conflict, research & policy, and advocacy & outreach. Its objective is to integrate migrants/refugees into existing legal systems and ensure access to universal human rights. M.A.P conducts a number of community-based legal awareness programmes with the aim of providing timely information about legal rights under applicable laws. It identifies and trains members within displaced populations to act as “barefoot advocates”, who then operate as the first line of responders and lead the advocacy efforts for the community. M.A.P facilitates multi-sectoral linkages to its clients by making referrals to its network of civil society partners, who provide critical support services and ensure access to socio-economic entitlements.
Website / Facebook / X / Youtube
Address: 576-A, Masjid Road, Jangpura, Boghal, New Delhi 110014, India; 63, Jalaram Jyot, Janmabhoomi Marg, Hutatma Chowk, Fort, Mumbai 400001, India
Tel: +91 11 2437 4501
Email: admin@slic.org / contact@slic.org.in
As an implementing partner of UNHCR, the New Delhi office provides assistance for file renewals, naturalisation, legal aid and protection intervention. Network members work with mandated refugees from Afghanistan, Burma, Somalia, Sudan, Laos, Liberia, China, Bhutan, Palestine, Iran, Iraq, Kazakhstan, Sierra Leone, Eritrea, Bangladesh, Tibet and Ethiopia. In addition to the work of the Network in New Delhi, members of the network throughout the country provide free legal aid to refugees and asylum seekers.
Address: B-2/16, Vasant Vihar, New Delhi 110057, India
Tel: +91 11 4353 0444
Email: indne@unhcr.org
Address: No 11, 17th Cross Street, Besant Nagar, Chennai 600090, India
Tel: +91 44 2446 1734; +91 44 2446 1735
Email: indch@unhcr.org
Working hours: Monday to Friday 9AM to 5:30PM
UNHCR helps refugees to rebuild their lives and conducts registration and RSD. UNHCR India’s main offices are located in New Delhi, and the agency has a presence in Chennai. UNHCR India works with governments, private partners, and the international community to find long-term solutions and supports refugees to make the transition. This can include voluntary repatriation back to their home country, when safe to do so, as well as resettlement in a third country, or integration within the current host country.
Organisations providing other support to refugees
Website / Facebook / Instagram / X / YouTube
Address (Country Office): F-5 (First Floor), Kailash Colony, New Delhi 110048, India
Tel: +91 80 2558 6293 / +91 11 4064 0500 (Country Office)
Email: fundindia@actionaid.org
ActionAid Association is a nationally registered organisation working with the poor and marginalised people in India since 1972 and it’s one of eight implementing partners of the UNHCR. ActionAid facilitates access to health and education services and sanitary materials. It engages with refugee communities, protects asylum seekers and refugees, including vulnerable populations, and addresses sexual and gender-based violence. The organisation has13 project offices located in: Bengaluru, Bhubaneswar, Bhopal, Bugdam, Chennai, Guwahati, Jaipur, Kolkota, Lucknow, Mumba, New Delhi, Patna, and Secunderabad. Please find further contact details for each project office here.
Website
Address: Near DG- 22 Flats, Opp. Community Centre, New Delhi 110018, India
Tel: +91 011 26820632
Email: boscodelhiinn@gmail.com
BOSCO Delhi, part of the Don Bosco international network, works to support vulnerable and disadvantaged populations. It provides, in particular, child-focused services and collaborates with UNHCR in the provision of assistance to refugees. BOSCO implemented projects for children across different locations in Karnataka and Kerala.
Website
Address: Wz-21, Budella, Vikas Puri, New Delhi 110018, India
Tel: +91 88 0204 8021 / +91 98 7184 0409
Email: burmesewomendelhi@gmail.com
Contact Person: Roi San / Chhery
Burmese Women Delhi is a community-based network that organises monthly interactive meetings among the range of refugee women’s groups from Myanmar in New Delhi; encourages greater understanding of women’s rights, human rights, refugee rights, democracy, health and economic and social development; provides advocacy, intervention and support in violence against women cases in the Delhi Burmese community; and works cooperatively with a range of Indian women’s groups to improve the situation for Burmese women in New Delhi.
Facebook
Address: B-80A, 2nd Floor, 20 Feet Road, Chanakya Place Part 1, Uttam Nagar, New Delhi-110059
Tel: +91 83 6842 4652
Email: crcnewdelhi@gmail.com
CRC was initially established to address humanitarian issues, welfare (education, health, relief), security (counselling, legal assistance), and development of Chin refugees living in Delhi. The situation in Delhi has compelled CRC to get increasingly involved in advocating for the rights of the Chin refugees in Delhi. CRC has been instrumental in approaching UNHCR, the Government of India and a variety of relevant agencies to address the living conditions of the Chin refugees in Delhi.
Specific objectives are: to solve survival problems by providing relief or assistance for needy refugee families, to give assistance for social and emotional needs, to give social and legal protection.
Website
Address: Agakhan Palace, Nagar Road, Kalyani Nagar, Pune, Maharashtra 411006, India
Tel: +91 20 2999 7547 / 48
Email: kasturikhadi@gmail.com
GNMS assists refugees through its Refugee Assistance Centre. The organisation helps refugees with their day-to-day issues related to registration, document renewal, protection, education, training, health, employment, residential permit, etc. From time-to-time socio-legal counselling and legal protection is provided too. The organisation is one of eight implementing partners of the UNHCR.
Website / Facebook / Instagram / X
Address: 1, Red Cross Road New Delhi, 110001 India
Tel: +91-11 23716441/2/3
Email: ircs@indianredcross.org
The Indian Red Cross Society (IRCS) is part of the International Red Cross and Red Crescent Movement, the world’s largest humanitarian network. The Movement is bound by seven fundamental principles, including humanity, impartiality, and neutrality, so they help people according to need and do not discriminate on the basis of race, religion, nationality, sex, gender, or disability. Mission of IRCS is to bring relief during disasters and emergencies and to promote health and care for the most vulnerable individuals and communities.
Website / Facebook / Instagram
Address: 10, Institutional area, Lodi road, New Delhi 110 003, India
Tel: +91 11 46 11 745 / +91 11 46 22 379
Email: edoffice@isidelhi.org.in
The institute has committed itself in bringing social transformation through socially relevant research, training and action, publication and advocacy works aimed at integral development of the marginalized communities, particularly the Dalits, Adivasis/tribals, women, minorities, unorganized and landless labourers in partnership with academicians, people’s movements, human rights organizations and ecological movements nationally and internationally.
Website (India) / Facebook (JRS International) / flickr (JRS International) / Instagram (JRS International) / X (JRS International) / YouTube (JRS International)
Address: 10 Institutional Area, Lodhi Road, New Delhi 110003, India
Tel: +91 98688 62860
Email: jrssarodelhi2011@gmail.com / indiajrs@gmail.com
In New Delhi, JRS supports urban refugees with vocational training, English courses, and computer classes. In Tamil Nadu, JRS has been working with Sri Lankan refugees since the mid-1990s. In the camps, JRS has set up Pedro Arrupe learning centres to provide children with formal education, academic tuition, and extracurricular activities. The centres’ teachers are trained in Ignatian pedagogy, peace-building, and reconciliation. JRS also provides women who have been forced to leave school with housing and vocational training. Young refugees are provided with leadership training and development support through youth clubs and organised activities. JRS also visits refugee families in the camps to address their immediate needs.
Website / Facebook / YouTube / Refugee Watch platform
Address: IA-48, Ground Floor, Sector III, Salt Lake City, Kolkata, West Bengal 700097, India
Tel: +91 33 2335 0409
Email: mcrg@mcrg.ac.in / ranabir@mcrg.ac.in (Director)
The organisation is actively involved in working with refugees and IDPs. It brings out a quarterly on refugees and IDPs, organises workshops on refugees in east and northeast and has a regular publication programme.
Refugee Watch is a biannual, peer-reviewed and refereed journal of the Calcutta Research Group that offers a space for debate on refugees, forced migration, displacement, statelessness and related issues.
Website / Facebook / LinkedIn
Address: House No.18-12-418/B/114, Near Bala Garden function hall, Back side of Mehran Restaurant, Balapur Village, Hyderabad Telangana 5000005, India
Tel: +91 8977999218
Email: helpline@mari-india.org
Modern Architects for Rural India (MARI) is a non-governmental organization that works to support vulnerable and marginalized communities across India. In partnership with the UNHCR, MARI provides support to refugees and asylum seekers in accessing public services and information . In addition, MARI provides technical guidance for refugee-led initiatives with a specific focus on improving access to education, livelihood and health services.
Website
Address: OfERR, No.31, 2nd Floor, Sait Colony, 1st Street, Egmore, Chennai, Tamil Nadu 600008, India
Tel: +91 44 2819 3063 / +91 44 2819 0400
Email: oferrindia@gmail.com
OfERR is a refugee-led organisation of Ceylon Tamil refugees, by refugees and for refugees, committed to the principles of human development and sustainable livelihoods. OfERR’s mission is to improve and develop the life and wellbeing of refugees in India. Their key objective is to build the capacity of refugees, empowering them to make a significant contribution to their social and economic development and to rebuilding their homeland. OfERR mobilizes and networks with NGOs and inter-governmental agencies, and is a partner of UNHCR in Southern India where UNHCR is not allowed to operate. It works with governments to advocate for and to ensure the protection and the rights of refugees and returnees and is active in Tamil Nadu – particularly in the Sri Lankan refugee camps in Tamil Nadu. They assist the 70,000+ Sri Lankan refugees there and pursue options for the refugees to stay/repatriate with local authorities.
OfERR’s programmes include education and skills training for adults and children; health and nutrition services; counselling and social awareness; and the promotion of human rights – non-violent and democratic values that will empower them in the process of return and nation building. The Organisation for the Rehabilitation of Eelam Refugees is a member of the Asia Pacific Refugee Rights Network.
Address: Tiruchirapalli, 620 002, Tamilnadu, India
Tel: +91 43 17 31 321
Email: shepherd@sjctni.edu / dirextnsjc@yahoo.com
Contact person: M. Elias S.J
Training, awareness campaigns, rehabilitation and vocational education.
Website
Address: Post Box 12, TMSSS, 49K, Bharathiar Salai, Tiruchirapalli, 620 001, Tamil Nadu, India
Tel: +91 43 14 10 026
Email: tmsssm@gmail.com
Contact person: Fr. B. John Selvaraj
TMSSS provides relief to Sri Lankan refugees and rehabilitates them by providing facilities for health care, drinking water, street lighting of the refugee camp, vocational training to the refugee youths, supplies text and notebooks to the school going children.
Website / Facebook / YouTube
Address: P.O. Box No. 108, Catholic Bishop’s House, Palayamkottai, 627002, Tamil Nadu, India
Tel: +91 46 2257 8282
Fax: +91 46 2257 8676
Email: palaytsss@gmail.com / tsss_india@rediffmail.com
TSSS works for the social advancement of a large number of vulnerable and downtrodden people in the society. It has diversified its activities and reaches out to cover a large number of poor people in order to create wider, deeper and sustainable impact on development of the poor and marginalized sections of the society.
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Last updated January 2023