Mizoram, India – “Why are you screaming? You are a refugee,” a nurse advised 26-year-old Jamie* as she struggled with an exceptionally painful childbirth at a hospital in India’s northeastern state of Mizoram.

A number of hours later, amid her agony, Jamie’s child Sophia was born – becoming a member of a rising group of different stateless infants born to Myanmar mother and father in search of refuge in Mizoram.

It has been two years since Jamie and her husband fled Myanmar after the 2021 navy coup and arrived in Champhai, a bustling city in Mizoram, 320km (199 miles) from the Myanmar border.

Myanmar was no longer safe for the younger couple, however life throughout the border has not been what that they had hoped for.

“Sophia was not given a birth certificate. They say we need an Indian voter’s ID, something we cannot get since the country has also not given us a refugee ID,” Jamie says.

“So now Sophia is stateless. She was given vaccines and we can take her to the doctor but she doesn’t have a citizenship status. We have to go back to Myanmar and try to get it for her.”

Placing a mild kiss on her daughter’s brow, Jamie says all she hopes is for her two-month-old daughter to turn into a citizen of a rustic.

Historically, India has been a welcoming house to folks throughout faiths fleeing persecution, from Parsis centuries in the past, to Tibetans (from 1959), Bengalis from Bangladesh (in 1971), Afghans throughout three wars, Sri Lankan Tamils, folks from Myanmar and in addition Africa. During the Holocaust, an estimated 5,000 persecuted Jews from Europe got here to India and made it their house, at a time when the United States turned many from the group away.

But the nation lacks a nationwide refugee regulation and can also be not a signatory to the United Nations 1951 Refugee Convention – a protocol outlining the worldwide requirements of treating and defending folks in search of refuge.

This has left many individuals in search of asylum in India, in limbo.

Different guidelines

An hour’s drive away from Champhai, at a refugee camp within the picturesque Indian border village of Zokhawthar, which is separated from Myanmar by the Tiau river, 30-year-old Ruati additionally awaits a refugee card – an identification doc that will give her entry to meals, training, healthcare and different amenities that both the host nation or the United Nations offers.

She fled Myanmar in 2021 on a scooter along with her household. After residing within the refugee camp for greater than two years, she yearns to work and earn a residing. But there’s an issue.

“We want to work but cannot since India is not giving us a refugee card,” she says. “We’re surviving on meals and different donations given to us by the state authorities and NGOs and teams in Mizoram just like the Young Mizo Association.

“I used to live and work in China before 2021 and worked there cleaning houses. So for now, I have savings but it won’t last long. But using my savings, I have bought some snacks and drinks in the Myanmar market, and sell them in the camp to make more money.”

Hui Yin Chuah, analysis officer on the Mixed Migration Centre (MMC) in Asia and the Pacific, says that refugee-related insurance policies in India lack a complete home authorized framework, resulting in an advert hoc strategy to addressing these points.

“Currently, a two-track mechanism is in place for asylum seekers: Sri Lankan and Tibetan refugees are registered under the Ministry of Home Affairs, while displaced individuals from other countries, including Afghanistan and Myanmar, must register with the UN’s refugee agency (United Nations High Commissioner for Refugees),” Hui Yin Chuah says.

However, the UNHCR shouldn’t be operational in Mizoram. Instead, the state authorities is issuing identification playing cards. That, nonetheless, doesn’t let folks use authorities companies and requires refugees to surrender their Myanmar citizenship, Ruati says, making it arduous for her to return to her house nation – one thing she yearns to do if the navy authorities’s rule ends.

“The ambiguity (or lack thereof) of a refugee legislation also allows for manoeuvring, as seen in the case of states like Mizoram,” Hui Yin Chuah says.

Why hasn’t India signed the UN refugee conference?

In 1951, when the UN agreed on a refugee conference after the second world battle, India was solely newly impartial and the trauma of the partition was nonetheless latest. The nation’s prime minister on the time, Jawaharlal Nehru, refused to signal the conference, citing safety considerations – a sentiment which continues.

The 1951 Refugee Convention was bolstered by a protocol in 1967 to make sure safety for refugees globally. Together, the 2 paperwork set the inspiration for the UNHCR’s work by defining who a refugee is, what their rights are and the way their rights must be shielded from persecution.

Currently, 146 nations are celebration to the 1951 conference and 147 to the 1967 protocol.

Colin Gonsalves, human rights lawyer on the Supreme Court of India and the founding father of the Human Rights Law Network (HRLN) says that there have been common discussions for years inside India’s authorized and human rights communities concerning India’s want to affix the UN’s refugee conference. But the present BJP authorities of Prime Minister Narendra Modi has no intention of becoming a member of it in any respect, he says.

“This is for the simple reason that they [the government] are anti-Muslim, racist and anti-minority. So these overtones make it impossible for any convention to be filed. The Congress government who were in power earlier were equally shortsighted,” Gonsalves says. “So no UN convention coupled with the lack of a national refugee law, has led to increased discrimination against refugees.”

Tibetans, beginning with the Dalai Lama, who entered India in 1959, have obtained formal refugee standing. Since 2014, the Modi authorities has given them voting rights. Tibetans have their very own education system recognised by the federal government of India.

“On the other hand, the government has not agreed to protect the rights of the Rohingya from Myanmar, who are also fleeing religious persecution and continues to discriminate against them,” Gonsalves says. “Muslim Afghans also have a tough time in India compared to Hindu Afghans because of their religion.”

Prosperity with a caveat

In a recent interview with the Financial Times, Modi insisted that there isn’t a non secular discrimination in direction of any particular person in search of refuge in India.

Highlighting how Parsis in India have been handled, Modi mentioned: “Despite facing persecution elsewhere in the world, they have found a safe haven in India, living happily and prospering … That shows that the Indian society itself has no feeling of discrimination towards any religious minority.” India’s dwindling Parsi group – there are solely about 50,000 left right this moment  – is amongst its most economically profitable. The Tata, Wadia and the Mistry households are amongst India’s wealthiest.

Yet none of that helps newer asylum seekers like Ruati. Legally, India shouldn’t be certain to simply accept and recognise UNHCR-issued refugee IDs since it’s not a signatory to the 1951 conference or the 1967 protocol, although “in general it respects the principle for holders of UNHCR documentation,” according to the UN company.

“We continue to collaborate closely with the Government of India to address the essential needs of the most vulnerable refugees registered with UNHCR,” says Babar Baloch, UNHCR spokesperson for Asia.

But he provides that refugees and asylum seekers in India are unable to make use of social safety schemes as a result of requirement of getting an Aadhar card – a social and public welfare identification doc in India. To get an Aadhar card, candidates want different government-issued identification paperwork.

“Without government-issued documentation, refugees and asylum seekers are unable to benefit from the government’s social protection programmes,” Baloch mentioned.

Currently, the UNHCR operates in 11 areas throughout India together with the capital, New Delhi, within the north, and Chennai in South India. However, in northeast India, the place the UNHCR at present doesn’t have entry, state governments have proven a level of help.

“In Zokhawthar and Champhai the state government gives us donation-based food and shelter because they say we come from the same tribe as the locals and share strong cultural ties. So they don’t consider us foreigners,” Ruati says. “But a refugee card will make us happier.”

Gonsalves notes that it’s clear the Indian authorities has put restrictions within the UN’s method however provides that the UNHCR in India ought to “be a little bit more combative and assertive”.

“Once you get the refugee card, it opens doors for people seeking asylum. So the UN should put their foot down and tell the government that it is their mandate to function across the country and give refugee cards to everyone. It is a matter of brinkmanship for the UN agency.”

According to Baloch, “any asylum seeker, irrespective of their background, who wishes to register with UNHCR” can strategy the company for registration.

Because ‘we are Muslims’

Sabber Kyaw Min, founder and director of the Rohingya Human Rights Initiative, who additionally got here to India in search of refuge from Rakhine state in Myanmar, has been issued a UNHCR refugee card in New Delhi. But he says it offers him no rights and discrimination continues.

“The conditions of our settlements are sordid. Women have no access to healthcare, our children are not allowed to go to schools in India, and even locals in the country keep attacking our homes,” he says.

He highlighted that the Indian authorities additionally threatens NGOs who attempt to help the Rohingya folks.

“I think it has to do with the fact that we are Muslims. And because there is no refugee law, we cannot even fight for our rights and contest our cases against the government,” Sabber Kyaw Min provides.

Some 22,000 Rohingya are at present registered with the UNHCR, in accordance with the UN’s Baloch.

India’s ruling Bharatiya Janata Party (BJP) authorities has typically taken a harsh stance in direction of them, with the house ministry additionally asserting final yr that the Rohingya with UNHCR refugee playing cards in Delhi can be stored in detention centres after which deported since they’re “illegal foreigners”, underneath the nation’s Foreigner’s Act.

The nation has already deported some Rohingya refugees to Myanmar in accordance with rights teams. But at present plans for extra deportations have been held up by the Supreme Court.

Is the Indian Constitution defending refugees?

Gonsalves argues that the Indian Constitution doesn’t enable the deportation of refugees.

“No refugee can be deported because our constitution protects not only citizens, but all those within the territory of India through Article 21, which obliges the state to protect the life and liberty of anyone within the territory. So the government is obliged to protect the lives of Rohingya,” Gonsalves says.

In 2019, the Modi authorities additionally handed the Citizenship Amendment Act (CAA) which it mentioned would fast-track citizenship to undocumented Hindus, Sikhs, Buddhists, Jains, Parsis and Christian immigrants from nations comparable to Pakistan, Bangladesh and Afghanistan. But Muslim refugees and asylum seekers had been stored out, sparking protests throughout the nation amid fears that India had adopted a spiritual criterion for citizenship.

“CAA provides a potential pathway to citizenship for refugees based on their religion and nationality, excluding Muslims and minorities from Myanmar,” the MMC’s Hui Yin Chuah says.

Yet even refugees eligible for fast-tracked citizenship haven’t benefitted up to now. Now, recent reports recommend that the Indian authorities would possibly begin implementing the regulation earlier than the parliamentary elections between March and May this yr.

Will India get a refugee regulation forward of its elections?

India heads to the polls this yr, however Sabber Kyaw Min doesn’t suppose campaigning leaders will deal with migration points – a subject which is usually contentious within the West and is in flip broadly mentioned by leaders, together with of their election campaigns.

“What’s happening now in Myanmar is horrible. Until there is peace there, we can’t go back. India is a neighbouring country, and has a responsibility to give our community political support, and discuss migration issues with the UN and globally,” Sabber Kyaw Min mentioned.

Gonsalves doesn’t count on India to expel massive numbers of refugees or go away them out at sea, as has occurred within the West.

“In practice, the country’s treatment towards people seeking refuge is only harsh and not extreme since migrants are not being pushed back at sea like in the West,” he says.

But he additionally has few hopes that India will make lives simpler for asylum seekers like Ruati.

“I also don’t expect the present or a new government to sign the UN refugee convention any time soon and introduce a refugee law,” he says.

“So our constitution and our courts will continue to step in, giving the kind of protection that the refugee convention gives.”

*Some names have been modified to guard identities.