There being no clear legal definitions, the status of refugees is governed by the Foreigners Act, 1946 which defines a foreigner as a person who is not a citizen of India

India is not a member of what it considers to be the Eurocentric International Convention for Refugees, 1951 or its 1967 Protocol although it is a member of the executive committee of the UN High Commissioner for Refugees.

Decisions regarding refugees left to the ruling government’s policy matter and not to due legal process. There have, however, been proposals to draft a national law on how applications for asylum are to be treated.

Former Chief Justice P N Bhagwati drew up a draft on the subject in 1997 and the Public Interest Legal Support and Research Centre did so in 2006.

These model laws make provision for the appointment of committees to handle asylum seekers and incorporate the principle of non-refoulement which ensures that those like to be persecuted are not sent denied refugee status.