International Refugee Law and India’s 2025 Exemption Order

Nila Bala, Small Drops, United Kingdom

02:38 | 07/09/2025

International Refugee Law

Genesis: The concept of refugee protection emerged in the aftermath of the First World War, under the auspices of the League of Nations, reflecting the international community’s nascent commitment to humanitarian responsibility.

1951 Refugee Convention: Codifies a rigorous definition of the term “refugee” and delineates the concomitant obligations of states toward individuals seeking sanctuary.

1967 Protocol: Eliminates the temporal and geographic limitations imposed by the 1951 Convention, thereby universalizing its applicability and reinforcing the principle of non-refoulement.

India’s Legal Framework on Refugees

1. India remains a non-signatory to both the 1951 Refugee Convention and the 1967 Protocol.

2. Refugee protection is governed entirely by domestic laws and policies, adjudicated on a case-by-case basis.

3. The absence of a dedicated Refugee Act renders protections discretionary, non-uniform, and legally non-guaranteed.

Principal Distinction: Whereas international refugee law is codified, universal, and binding, India’s refugee governance remains ad hoc, domestic, and discretionary, relying heavily on executive and administrative discretion.

Key Exemptions under the 2025 Exemption Order

1. Minority Communities from Afghanistan, Bangladesh, and Pakistan

This provision encompasses individuals belonging to Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities who:

Entered India on or before 31 December 2014,

were compelled to seek refuge due to religious persecution or a credible fear thereof,

Entered with or without valid documentation, including expired travel papers, and

were previously exempted under the Passport (Entry into India) Rules, 1950.

These individuals are formally exempted from provisions of the Foreigners Act, 1946 concerning illegal stay or invalid/expired documentation.

2. Citizens of Commonwealth Countries

The Central Government retains discretionary authority to stipulate that certain provisions of the Foreigners Act, 1946 may not apply—or apply only in specified circumstances—to citizens of Commonwealth nations.

3. Protected and Restricted Areas

Foreign nationals, with the exception of Bhutanese citizens, intending to enter or reside in Protected or Restricted Areas (notably in Northeast India and select regions of Sikkim) must obtain prior approval from the designated competent authority.

4. Mountaineering Expeditions

Foreign nationals intending to scale mountainous peaks in India must secure prior written approval from the Central Government via the Indian Mountaineering Foundation, including detailed route plans and compliance with all stipulated governmental conditions.

Additional Legal Context

Legal Basis: The Immigration and Foreigners (Exemption) Order, 2025 was promulgated under Section 33 of the Immigration and Foreigners Act, 2025, effective 1 September 2025.

Supersession: This Order supersedes prior exemptions under the Foreigners (Exemption) Order, 1957 and the Immigration (Carriers’ Liability) Order, 2007.

Inclusion of Sri Lankan Tamil Nationals

For the first time, the 2025 Exemption Order formally extends legal protection to Sri Lankan Tamil nationals who entered India prior to 9 January 2015, including:

Eelam Tamils originating from the Northern and Eastern provinces of Sri Lanka, and

Other Tamil refugees displaced by civil conflict or systemic persecution.

Registered Sri Lankan Tamil nationals are permitted to reside in India without fear of prosecution for lacking valid travel documentation, representing a historic advancement in legal recognition and potential pathways to citizenship.

© Copyright | Nila Bala | Small Drops | United Kingdom | 07/09/2025