The debate over the settlement of Rohingya refugees in Delhi has evolved into a politically charged confrontation between the Bharatiya Janata Party (BJP) and the Aam Aadmi Party (AAP) ahead of the Delhi elections. At its core, however, the issue transcends partisan politics, touching upon deeper questions about India’s constitutional obligations, humanitarian traditions, and national security concerns. India has historically been a refuge for displaced communities ~ from Tibetans to Sri Lankan Tamils ~ guided by its ethos of inclusivity and protection of human dignity.

While little of what is said during election campaigns should be taken seriously, the lack of a comprehensive refugee law leaves such matters vulnerable to political manoeuvring, as evident in the current blame game between the BJP and the AAP. Both parties have accused each other of exploiting the refugee crisis for electoral gains, overshadowing the urgent need for a structured and humane approach to refugee management. While the BJP underscores national security concerns, portraying Rohingya refugees as potential threats, it simultaneously faces accusations of hypocrisy for facilitating their settlement in Delhi. The AAP, on the other hand, has criticized the BJP for creating an “us versus them” narrative to polarise voters, while also being accused of enabling refugees to obtain identification documents.

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This political tug-of-war diverts attention from the real issue: the plight of the Rohingya community and the absence of a cohesive policy framework to address it. Without a clear policy, refugees are left in a legal limbo, denied basic rights and protections, while political parties exploit their plight to advance divisive narratives for electoral gains. The Constitution of India, through Articles 21 and 22, guarantees the right to life, liberty, and protection from arbitrary detention to all individuals, including refugees. The judiciary has played a crucial role in safeguarding these rights, emphasising the principle of non-refoulement, which prohibits returning refugees to countries where they may face persecution.

However, in the absence of a refugee law, these protections often depend on judicial intervention, leading to inconsistent and ad hoc policies. National security concerns, while legitimate, must not come at the cost of India’s constitutional values and humanitarian commitments. A balanced approach is essential, one that addresses potential security risks without undermining the rights and dignity of refugees. For this, India must adopt a clear refugee policy, delineating procedures for asylum, legal rights for refugees, and measures to address security challenges. Such a policy would not only provide clarity and protection for refugees but also ensure transparency and consistency in governance, leaving little room for political exploitation.

It would reaffirm India’s commitment to justice and human rights, showcasing its ability to balance compassion with security. The Rohingya refugee crisis is not merely a test of governance but of India’s adherence to constitutional and moral principles. By enacting a robust refugee framework, India can move beyond the blame game and demonstrate leadership in addressing one of the most pressing humanitarian challenges of our time.