Refugee Law in India The Road from Ambiguity to Protection

This book considers refugee protection mandates and addresses how legal scholarship can articulate a comprehensive and humane response to the contemporary refugee problem. Analyzing philosophical discourses and India’s policies and practices on

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SHUVRO PROSUN SARKER

Refugee Law in India

Shuvro Prosun Sarker

Refugee Law in India The Road from Ambiguity to Protection

Shuvro Prosun Sarker West Bengal National University   of Juridical Sciences Kolkata, India

ISBN 978-981-10-4806-7 ISBN 978-981-10-4807-4  (eBook) DOI 10.1007/978-981-10-4807-4 Library of Congress Control Number: 2017943472 © The Editor(s) (if applicable) and The Author(s) 2017 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover image: © Massimiliano Alessandro / EyeEm Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore

This book is dedicated to my parents: Nepal Chandra Sarker, Administrative Service Officer (1981–2012), Bangladesh, Information Commissioner (2014–2019), Bangladesh and Shibani Sarker

List of International and Municipal Legal Materials

International Legal Materials 1. Cartagena Declaration on Refugees, Adopted by the Colloquium on the International Protection of Refugees in Central America, Mexico and Panama, November 22, 1984 2. Convention on the Elimination of All Forms of Discrimination against Women (United Nations General Assembly Resolution 34/180 of December 18, 1979) 3. Convention on the Rights of the Child (United Nations General Assembly Resolution 44 (XXV) of November 20, 1989) 4.  Convention Relating to the Status of Refugees (189 United Nations Treaty Series, 1951)Protocol Relating to the Status of Refugees (606 United Nations Treaty Series, 1967) 5. Council Directive on Minimum Standards for Giving Temporary Protection in the Event of a Mass Influx of Displaced Persons and on Measures Promoting a Balance of Efforts between Member States in Receiving such Persons and Bea