Humanising The Indian Refugee Policy: A Case For The Refugees' Right To Work

Abstract

The ‘right to work’ guarantees to every individual the freedom of opportunity to obtain gainful employment and to secure a life of dignity and worth. In a world with scarce resources, providing such benefits for refugees and asylum-seekers becomes a contentious issue. The principle of ‘right to work’ is intrinsically woven into several international conventions with universalistic application. In India, however, most refugee communities and asylum-seekers are obstructed from realising this right, pushing them into exploitative and illegal employment arrangements, largely in the informal sector. The socio-economic well-being of refugees and asylum-seekers in India is ill-protected and they remain perpetually vulnerable to abuse and maltreatment. They are further debilitated from integration into the society of their host country which accentuates their traumatic experiences and hinders their movement towards self-reliance. In this Article, the authors will examine the legal status of refugees in India vis-a-vis the international human rights law. The authors will further argue that the ‘right to work’ is integral to human rights jurisprudence and is secured by major international human rights instruments. Finally, they will attempt to justify the need for a constructive refugee-policy in India, as a matter of obligation to the international community and to humanity.