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| Development & Rehabilitation of refugees | |
By Satish Mahaldar
Since the turbulent years following India’s partition in 1947, the question of how to treat refugees has been a defining aspect of the country’s national and political identity. The interplay between refugees and the Indian state has evolved over the decades, influenced by shifting national policies, geopolitical considerations, and internal social dynamics. From the first refugee groups arriving post-Partition to more recent developments involving laws such as the Citizenship Amendment Act (CAA) of 2019, India’s approach to refugees—historically, legally, and socially—has been anything but static. The rehabilitation of refugees, in particular, has been a complex and at times contentious process, with implications not only for those displaced but also for the state’s vision of itself and its future.
The Foreigners Act of 1946 and Early Post-Partition Refugees
The Foreigners Act of 1946, enacted by the British colonial administration, was inherited by India at independence. This law, which did not specifically recognize refugees, defined anyone not a citizen as an "alien," thus placing refugees in the same legal category as other foreign nationals. In this early phase of nation-building, India faced the mass displacement of people following the Partition of India and Pakistan. Hindu and Sikh refugees poured into India, while Muslims migrated the other way. These displaced groups were treated as part of the demographic shifts triggered by the division, but were not immediately afforded the special status granted to refugees in international law.
The state’s handling of these refugees, particularly in the early years, was focused on integration into the national fabric. The state’s initial priority was to house, rehabilitate, and resettle these people. Yet, the absence of a clear refugee policy meant that their long-term welfare often depended on the local administration's response rather than a centralized, coordinated national plan. These displaced groups were largely treated as citizens-in-waiting, and their resettlement was tied to the broader goal of rebuilding a new nation after Partition.
The Case of the Tibetans: An Early Experiment in Refugee Rehabilitation
The Tibetan refugees, who fled to India after the Chinese occupation of Tibet in 1959, were the first group of refugees to be distinctly recognized as such by the Indian state. Unlike the Partition refugees, who were largely considered ‘migrants,’ Tibetans were granted refuge as a result of India’s diplomatic position against China. The Indian government, under Jawaharlal Nehru, not only provided them refuge but also a means to sustain themselves, with an emphasis on self-sufficiency, education, and cultural preservation.
The Tibetan resettlement model was unique in its focus on education, creating a refugee community that would become self-sustaining through skills development, agricultural practices, and other means. The Tibetan approach became a reference point for future refugee policies in India, laying the groundwork for a more organized framework of rehabilitation that emphasized self-reliance and integration, albeit under the watchful eye of the state.
The 1971 Bangladesh War and the Changing Nature of Refugees in India
The 1971 Bangladesh Liberation War marked a dramatic shift in how India viewed refugees, particularly in the context of its own national security and territorial integrity. The war resulted in the mass exodus of millions of people from East Pakistan (now Bangladesh) into India, mainly in the bordering states of West Bengal, Assam, and Tripura. The Indian government initially responded with generosity, sheltering these refugees from the violence and conflict in East Pakistan. However, the political and economic burden of hosting millions of refugees soon became a source of domestic concern.
India’s approach to the refugees began to shift after the war. The Indian government increasingly framed the situation as a temporary measure, with the refugees being expected to return to their homeland once the situation stabilized. This redefinition of the refugee—as someone who was expected to return to their country of origin—marked a turning point in India’s policy towards refugees, especially in terms of its relationship with its neighboring countries.
The rehabilitation efforts of the 1971 Bangladesh refugees were, therefore, less about long-term settlement and more about facilitating a return. By the time the Indo-Bangladesh border was secured, and the situation stabilized, the Bengali refugees began repatriating. This also marked the end of the idea of refugees permanently “belonging” to India, an assertion that became particularly relevant in the post-Partition era, when refugees were still framed as part of the population shifts resulting from the creation of two separate nations.
The Kashmiris of 1989-1990: A New Era of Refugee Displacement
The situation in Jammu and Kashmir during the late 1980s and early 1990s introduced a new chapter in India's refugee history. In the wake of escalating violence and the collapse of civil administration in Kashmir, a large number of Kashmiri Pandits fled the Valley. Unlike earlier waves of refugees, the Kashmiri Pandits faced a complex situation of ethnic and religious targeting, which made their displacement distinct from other refugee groups in India.
The Indian government’s response to the Kashmiri Pandit crisis was varied. Initial efforts included providing shelter and food to the displaced population, but rehabilitation efforts were often hindered by the political instability in the region. The lack of a comprehensive, sustained plan for the rehabilitation of the Kashmiri Pandits reflects the broader challenges of refugee resettlement within an internal conflict zone.
Recently, the government has been experimenting with self-help and self-rehabilitation for the Kashmiri refugees, encouraging them to return to the Valley, with various initiatives aimed at restoring their homes and livelihoods. However, the situation remains complex, with ongoing debates about the viability of such programs amidst continued unrest in the region.
The Citizenship Amendment Act (CAA) and the Changing Nature of Refugee Rights
The 2019 Citizenship Amendment Act (CAA) has introduced a new dimension to the debate about refugees in India.
The Evolving State of Refugee Rehabilitation
The rehabilitation of refugees in post-Partition India has been a multifaceted and evolving process. From the early years of refugee influx, marked by integration and self-reliance, to the more recent developments, such as the contentious Citizenship Amendment Act, the Indian state's approach to refugees has been shaped by its vision of national identity and its relationships with neighboring states.
The experiences of the Kashmiri Pandits in 1989-1990, along with the Tibetan and Bangladeshi refugee crises, highlight the challenges of creating a comprehensive and sustainable framework for refugee rehabilitation. Successive governments have experimented with various models, from self-help initiatives to more state-driven approaches, but the complex and politicized nature of refugee policy remains a significant hurdle.
As India continues to grapple with the question of who belongs to the Indian state, the treatment of refugees will remain a critical issue. The policies of the future will likely be shaped by ongoing debates about national identity, security, and the place of religious and ethnic minorities within the Indian state. The challenge will be to build a refugee policy that not only responds to humanitarian needs but also reflects the diverse and pluralistic nature of India’s democracy.
(In case of feedback kindly revert back to writer Satish Mahaldar email : [email protected])
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