India’s approach to Afghan refugees and asylum seekers is a matter of concern, as the nation lacks specific domestic legislation for their protection. Consequently, many of these individuals find themselves living in dire conditions. They face a multitude of challenges, such as being denied the legal right to work and encountering barriers to education due to language issues and the higher tuition fees imposed on non-Indian students.
India’s reputation as one of the largest donors in Asia to Afghanistan underscores its expressed concern and commitment to the Afghan people. This support takes the form of humanitarian aid, including shipments of wheat and medicine. However, there’s a stark contrast between this humanitarian rhetoric and the number of Afghan refugees hosted by India, which pales in comparison to the figures in neighboring Pakistan and Iran. This disparity can be attributed to India’s refugee policy and its geopolitical considerations in the volatile Afghanistan and regional context.
The gravity of the situation was highlighted when, following the Taliban’s takeover of Kabul on August 15, hundreds of Afghans in India staged a 13-day protest outside the United Nations High Commissioner for Refugees (UNHCR) office. Their demands included the issuance of refugee cards, the reopening of closed cases, financial support for vulnerable families, and the possibility of resettlement to another country.
According to data from the United Nations High Commissioner for Refugees (UNHCR), India currently hosts more than 15,000 refugees from Afghanistan. While India has been a host to Afghan refugees since the 1980s, only around 11,000 are officially registered as asylum-seekers, lacking full recognition as refugees. Complicating matters further, approximately 13,000 Afghan students and military trainees are stuck in legal limbo since 2021.
In an attempt to address the crisis, India announced emergency visas for Afghan nationals in 2021, but with a significant limitation – these visas had a mere six-month validity and came with the added disadvantage of denying recipients the right to education or employment in India. Out of the substantial number of Afghans fleeing after the Taliban’s resurgence, only 60,000 opted to seek asylum in India. Unfortunately, India granted only 200 e-visas by December 2021, and these were predominantly issued to Hindus and Sikhs from Afghanistan.
The legal framework in which India deals with Afghan refugees is another issue of concern. India categorizes Afghan refugees under the Foreigners Act of 1946 and the Citizenship Act of 1955. This classification fails to distinguish between economic migrants and those fleeing war, violence, and persecution. As a result, New Delhi officially treats Afghan refugees and asylum seekers as illegal migrants, subjecting them to the Foreigners Act, which does not acknowledge the rights of refugees and asylum seekers, including access to social services and protection from refoulement.
The 2023 report by the International Journal of Creative Research Thought (IJCRT) paints a grim picture. According to UNHCR data quoted in the report, access to education, a fundamental right, is available to only around 25% of Afghan refugee children in India. A mere 20% of Afghan refugees are employed, often in low-paying and unstable jobs, while over 50% of them lack access to healthcare. Afghan refugees in India find themselves in a legal limbo, living in unhygienic conditions, devoid of clean water and sanitation. To make matters worse, they face discrimination and harassment based on their ethnicity, religion, and language.
Adding to the woes of Afghan students, India has revoked their visas, despite being aware that thousands of Afghan students depend on Indian universities for their education. As a tragic consequence of inadequate support and indifference, the “Sayed Jamaluddin Afghan School” in Bhogal, catering to over 200 Afghan refugee children, had to shut down due to a lack of funds, reflecting what seems to be Delhi’s apathy toward its supposed natural ally, Afghanistan.
In stark contrast to India’s approach, Pakistan, despite not being a signatory to the 1951 Refugee Convention, extends a lifeline to Afghan nationals by bestowing upon them the legal status of refugees. This critical designation grants them access to fundamental social services, including education and healthcare.
Pakistan stands as a shining example of humanitarianism, having provided sanctuary for countless individuals who were compelled to flee their homeland due to conflict and turmoil. The nation has been a steadfast haven for Afghan refugees for a staggering four decades, earning it the esteemed reputation of hosting one of the world’s most enduring and extensive caseloads of refugees.
The scale of Pakistan’s generosity is truly remarkable, as it has welcomed and protected millions of Afghan refugees throughout this prolonged period of strife. This enduring commitment reflects the deep warmth, empathy, and solidarity that the people of Pakistan feel toward their Afghan neighbors and brethren.
Over these past decades, the Pakistani government has not only opened its doors to Afghan refugees but has also actively enabled them to thrive independently. It has provided opportunities for education, encouraged entrepreneurial endeavors, and allowed them to move freely within the country, much like its own citizens. This level of acceptance and support is extended to Afghan refugees, even in the face of suspicions regarding their activities.
In essence, Pakistan’s approach to Afghan refugees is a testament to the nation’s unwavering compassion, resilience, and commitment to providing a safe harbor for those in dire need. It exemplifies the spirit of humanity and the power of extending a helping hand to those facing adversity, transcending borders and differences to offer hope and security to fellow human beings.
