Laws regulating the refugee rehabilitation in West Bengal concern numerous judicial decisions for refugees ensuring equality before the law for all individuals.

Laws Regulating Refugee Rehabilitation in West Bengal

According to Article 1 para. 2 of the United Nations 1951 Convention relating to the Status of Refugees (referred to as “1951 Convention”) and its 1967 Protocol, a ‘refugee’ is defined as “A person who owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, unwilling to avail himself of the protection of that country.” This definition underscores the involuntary nature of refugee status, often resulting from circumstances beyond an individual’s control such as human rights violations, socio-economic and political instability, civil unrest, or ethnic conflict, leading to a legitimate fear of persecution.

Consequently, specific criteria must be met for an individual to qualify as a refugee, primarily rooted in the fear of persecution and various contributing factors. In the context of India, refugees are classified under the legal term ‘alien’, acknowledged in various legislative instruments including the Constitution of India (Article 22), Section 83 of the Indian Civil Procedure Code, Section 3(2)(b) of the Indian Citizenship Act, 1955, alongside other relevant statutes.

To get more information regarding the laws regulating the refugee rehabilitation in West Bengal , kindly get in touch with an experienced property lawyer in Kolkata and West Bengal.

History of Refugees in India Post-Independence:

India’s first twenty-five years post-independence were marked by the monumental task of accommodating 20 million refugees resulting from the partition with Pakistan. The country swiftly established 160 relief camps and incurred approximately Rs. 60 crores in expenses to provide aid to those displaced from West Pakistan. To address the ongoing refugee crisis, the government passed the Rehabilitation Financial Administration Act, 1948, a pivotal measure in managing the influx of displaced persons.

India faced similar challenges in subsequent years, including the migration of a significant number of people between India and Pakistan, exemplifying the recurring refugee dilemma. Notable instances include providing political asylum to Dalai Lama and his followers in 1959 and hosting refugees from East Pakistan in 1971, Sri Lanka in 1983, and Bangladesh in 1986. By the close of 1992, India had sheltered 2,000,000 migrants and 237,000 displaced persons, underscoring the nation’s enduring history of accommodating refugees.

Status of Religious Refugees in West Bengal:

During the partition of India in 1947, a significant number of people, particularly Hindus from East Bengal, migrated to West Bengal. Over the years, the Hindu population of East Bengal or Bangladesh experienced a drastic decline from 30% in 1947 to 19% by 1961, and further plummeted to 10.5% in 1991, followed by a decrease to 9.2% in 2001 and an estimated 8% by 2008. BBC reports from 2001 highlighted the influx of Bangladeshi Hindu families into India, escaping religious repression as members of minority groups in Bangladesh.

Rohingya, also known as Arakanese Indians, are stateless and considered the most persecuted minority by the UN. Despite over 6700 Rohingya killed in August 2017, India doesn’t recognize them as refugees, although around 40,000 seek shelter in Assam and West Bengal. Legal battles emphasize protecting their rights, yet India remains hesitant to assist Rohingya refugees.

Constitutional Provision to Refugees in West Bengal:

Constitutional provisions in West Bengal, India extend to refugees residing within its borders, with Article 21, safeguarding the Right to Life and personal liberty, applying universally regardless of citizenship. Numerous judicial decisions have been made based on Article 21 concerning refugees. Additionally, Article 14 ensures equality before the law for all individuals.

Furthermore, Articles 5, 6, 7, 8, 9, 10, 11, 12, 20, 22, and 25-28, 32, 226 of the Constitution afford rights to non-citizens, including refugees. Treatment for asylum seekers is categorized into three types: National Treatment, which accords them the same rights as Indian citizens, including equal protection under the law, religious freedom, and access to education and social security; treatment for foreigners, which covers rights related to housing, movement, employment, residence, association, and property, as outlined in various articles; and Special Treatment, which encompasses identity and travel documentation and exemption from penalties under the 1951 Refugee Convention.

Refugee Relief and Rehabilitation Department of West Bengal:

In response to the significant migration of refugees from East Pakistan (now Bangladesh) following the partition of India in 1947, the Indian government established the Refugee Relief and Rehabilitation Department (R.R & R Section) with offices at both district and sub-divisional levels. The department’s primary objective is to provide relief and rehabilitation measures to individuals who migrated from East Pakistan before March 25, 1971, categorizing them as refugees.

Past Government Initiatives: Relief and Rehabilitation Measures

Historically, the government has implemented various relief and rehabilitation measures to address the challenges faced by refugees. Relief Transit Camps were established to offer essential necessities such as food, clothing, shelter, and medical assistance to migrants. Rehabilitation efforts included schemes facilitating land acquisition, provision of loans for land purchase, agricultural support, housing initiatives, vocational training, and employment opportunities.

Current Focus Areas and Activities:

The RR & R department’s work encompasses the administration of government-sponsored colonies and squatters’ colonies, categorized as per approval from the Government of India or the Government of West Bengal. Present activities of the department involve the distribution of freehold title deeds (FHTD) to eligible individuals residing in approved colonies. Infrastructure development initiatives are also underway, aimed at improving living conditions in refugee colonies through various developmental schemes. To learn more about how to get the FHTD done, it is advised to consult an experienced property lawyer in Kolkata and West Bengal.

Distribution of FHTD and Infrastructural Development:

The department has approved a total of 51 colonies in Dakshin Dinajpur, comprising government-sponsored colonies, squatters’ colonies, and special category colonies. Efforts to distribute FHTD have been substantial, with 2362 deeds already distributed out of a target of 2489. Infrastructure development projects have been implemented, with Rs. 3,54,31,999/- allocated for three refugee colonies in 2015-2016, Rs. 53,14,655/- sanctioned for projects in 2017-2018, and a proposal for 15 developmental schemes amounting to Rs. 2,06,46,918/- forwarded for sanctioning in the financial year 2019-2020.

Application Process for Free Hold Title Deed:

Individuals seeking FHTD from the department must follow a prescribed application procedure, which includes submitting an application, a refugee certificate, and an affidavit in the specified format. This process underscores the department’s commitment to formalizing property rights for refugees, ensuring their long-term integration and stability within the communities they reside in. To learn more about the application process for getting the FHTD, you need to consult an experienced property lawyer in Kolkata and West Bengal.

Notification on Free Hold Title Deeds (FHTD):

The Government of West Bengal, through its Land & Land Reforms and Refugee Relief & Rehabilitation Department, has issued a significant number of Free Hold Title Deeds (FHTD) for the settlement of refugee families. However, existing norms stipulate that such deeds come with conditions, prohibiting the transfer of settled land by the deed holders for a period of 10 years without prior permission from the State Government. Additionally, according to G.O. no.- 1700-Rehab dated 18.7.2000, any errors in the Title Deed may be corrected upon request, with the consent of the donor.

Regularization of Land Transfers and Deed Corrections

In light of the challenges faced by Free Hold Title Deed Holders in transferring land and correcting deed inaccuracies, the Government of West Bengal has taken proactive measures to alleviate their hardships. The Governor of West Bengal has declared that any land transfer under FHTD occurring within 10 years from the date of issuance of the deed without permission, whether intentional or unintentional, will be regularized with retrospective effect.

However, for future transfers within the same timeframe, permission from the State Government will be necessary as per existing procedures. Furthermore, if any errors or inaccuracies in the deed come to the attention of the Collector, necessary rectifications will be made after verification of available records, documents, and field inspections. For further information in this regard, kindly get in touch with an experienced property lawyer in Kolkata and West Bengal.

Overview of Laws Regulating Refugee Rehabilitation in West Bengal:

In conclusion, the laws regulating refugee rehabilitation in West Bengal reflect a complex interplay of international conventions, constitutional provisions, and government initiatives aimed at addressing the multifaceted challenges faced by refugees. Within West Bengal, the Refugee Relief and Rehabilitation Department plays a crucial role in providing relief, rehabilitation, and formalizing property rights for refugees through initiatives such as the distribution of Free Hold Title Deeds (FHTD).

The recent notification regarding FHTD regulations reflects the government’s responsiveness to the evolving needs of refugees, offering regularization of land transfers and deed corrections to alleviate hardships faced by deed holders. These measures underscore West Bengal’s commitment to upholding the rights and welfare of refugees, ensuring their integration and stability within the state.

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