In 1947, the Partition of India created a border between India and Pakistan, drawing a line that divided families and livelihood. Although Islam dominated as the religious majority in Pakistan, Muslims and minority groups initially lived in peace. It wasn’t until the Indo-Pak war in 1965, along with the construction of a fence along the border, that tension formed between Muslims and Hindus.
Hindu-Pakistanis originally migrated to India in waves, following the Partition in 1947, and the two Indo-Pak wars in 1965 and 1971. Since 1971 however, there has been a constant flow of migration into India.
Hindus living in Pakistan are persecuted on a daily basis, receiving no protection from the Pakistani government. They are abducted, blackmailed, and kidnapped for ransom; the women are raped and forcibly converted to Islam. Their shrines and temples are destroyed, properties taken, and businesses and schools shut down.
It is not only this violence against Hindus that has caused constant migration, but also the growing sense of insecurity in the country. In 1992, for example, the Babri Masjid demolition created backlash against Hindus in Pakistan. Hindu temples were burned and some Hindus were killed.
These persecuted people have no one to turn to for help in Pakistan. Hindus do not serve in the police force, so there is clear corruption in a system that is built to protect. The court system also fails to hold fair trials. A famous example is the Rinkle Kumari Case, in which seventeen-year old Rinkle Kumari was kidnapped, married to her kidnapper, and converted to Islam. In court, she was slapped in front of the judge, forced to make official statements behind closed doors, and threatened by her abductors. The case fell short of the established process of law, with cross- examinations being dismissed and politicians influencing the judges. It is no wonder Hindu-Pakistanis feel their only chance to a just life is by fleeing Pakistan.
Legal Framework
In 1951, the Office of the United NationsHigh Commissioner for Refugees (UNHCR) was founded to facilitate and manage refugee protection globally. The 1951 Convention relating to the Status of Refugees identifies a refugee as anyone who:
"Owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion is outside of the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country."
It can be assumed that Hindu-Pakistanis immigrating to India would fall under this definition. However, India is not a signatory of the Refugee Convention of 1951 or its Protocol of 1967. Since the Government of India has no international obligation to create refugee legislation, it has no uniform, national law regulating the status of refugees. Therefore, Pakistani immigrants are not granted official refugee status and do not receive the protection or benefits they deserve.
India’s national laws governing immigrants are the Foreigners Act of 1946 and the accompanying Registration of Foreigners Order of 1939. This legislation is problematic because it makes no distinction between “refugees” and other types of foreigners. Most refugees in India are treated on par with illegal immigrants and tourists. The Government of India also possesses the power to detain and deport foreigners, restrict movement of foreigners inside India, and prevent foreigners from leaving India (as it requires an exit permit).
Current Status
Indian Citizenship
Without refugee status, Indian citizenship is the only viable option for Pakistani immigrants to access legal rights and services. Unfortunately, the process of gaining citizenship is complex, expensive, and inconsistent. Certain refugee groups are treated differently than others, depending on the political interests of the government at that time. It is true that some immigrants have been granted citizenship and caste certificates, but the majority has been denied basic rights and access to government schemes, such as healthcare, education, and employment.
Benefits of Citizenship
One of the primary benefits of gaining citizenship is the ability to move freely around the country. Separated families can be reunited, and immigrants seeking greater livelihood opportunities can travel to cities with more consistent agricultural work or better markets for selling their handicrafts. With citizenship also comes access to various government schemes, including healthcare, education, housing, employment, social security, and pensions. Citizens can then further apply for Below Poverty Line (BPL) Cards, Ration Cards, Schedule Caste or Schedule Tribe Certificates, and Bonafide Certificates, each which grants the holder greater opportunities in education, employment, and access to subsidized food ration and subsidized housing or land grants. Citizenship documents are also necessary when applying for a driver’s license, bank account, or insurance.
Challenges in Obtaining Citizenship
Although gaining citizenship is an excellent solution for Pakistani immigrants in theory, it does not become a reality for the majority. Most immigrants cannot pay the rising citizenship fees, which have been inflated by the government over the past several years to discourage migration from Pakistan. The average fee for citizenship is approximately 10,000 INR per passport.
Furthermore, an immigrant must live in India for a minimum of seven years before being permitted to apply for citizenship. The average timeframe of an Indian visa is three to six months, requiring the immigrant to renew his visa multiple times. Non-citizens are also required to ensure that their registration permit from the Foreigner Regional Registration Office (FRRO) is up to date so that they are permitted to reside in India for as long as it takes to get citizenship. Even with proper Indian documents, an immigrant must also hold an un-expired Pakistani passport, which can only be obtained at the Pakistani embassy.
Most Indian visas limit the visa-holder to a certain city in India, not allowing them to travel outside of the designated area. However, the Central Government in Delhi is the only one with the power to renew visas, issue travel permits, and receive applications for citizenship. In order to submit applications, immigrants must illegally travel to Delhi, hoping while traveling that they are not caught and charged with being in violation of their visa (which validates deportation).
In addition to this corrupt process, many immigrants are illiterate, creating more vulnerability to deceit and exploitation by government officials.
The Realities of the Situation
Even Pakistani immigrants who have been successful in gaining citizenship still face daily struggles. The application process for Ration Cards and Caste Certificates is just as complex and discriminatory as that of citizenship.
Immigrants who were promised rehabilitation packages from the government have yet to receive them. For example, some immigrants were promised 25 bighas of irrigated land or 50 bighas of non-irrigated land; they either received no land, part of their land, or their land was included in national parks or given away to local people.
Many immigrants who apply for visas with their family members are all given visas with different assigned cities. This forces them to either separate from their families or illegally live in a different region than what is assigned on their visa.
With or without citizenship and Caste Certificates, education for children is highly unlikely as it is expensive and controlled by corrupt government officials.
The end result of these factors is that Pakistani refugees are left without a supportive government or reliable legislation, keeping them trapped in a cycle of unrecognized poverty and vulnerability.