Refugees, Statelessness and the Limits of State Sovereignty: A Human Rights Perspective with Reference to India

This paper examines the complex relationship between refugee protection, statelessness, and state sovereignty through a human rights lens, with specific reference to India. Situating the discussion within the broader context of the global refugee crisis, the paper highlights the unprecedented rise in forced displacement and the growing challenges faced by host states, particularly in the Global South. It critically engages with the evolution of international legal norms governing nationality, including the right to a nationality, the prohibition of arbitrary deprivation of nationality, and the principle of non-refoulement.

Adopting a comparative methodology, the paper analyzes the extent to which these principles constrain state discretion in matters of citizenship and migration. It further evaluates India’s refugee and citizenship framework, characterized by the absence of a formal asylum regime and reliance on ad hoc executive policies. Particular attention is given to the Citizenship (Amendment) Act, 2019, assessing its compatibility with constitutional guarantees and international human rights standards, especially the principles of equality and non-discrimination.

The paper also explores the practical limitations of international protection through a case study of the Rohingya crisis, illustrating the tensions between humanitarian obligations and state interests. It argues that while international law increasingly recognizes individual rights in matters of nationality and protection, its enforcement remains inconsistent and often subordinate to sovereign concerns. Ultimately, the paper contends that a rights-based approach to citizenship and refugee protection is essential to reconcile state sovereignty with evolving international human rights obligations.