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@article{182158, author = {Dr. Ram Prakash Chaubey}, title = {EXPLORING THE LEGAL AND HUMANITARIAN DIMENSIONS OF ILLEGAL IMMIGRATION IN INDIA: “A CRITICAL ANALYSIS THROUGH THE LENS OF ARTICLE 21 OF THE INDIAN CONSTITUTION"}, journal = {International Journal of Innovative Research in Technology}, year = {2025}, volume = {12}, number = {2}, pages = {1169-1179}, issn = {2349-6002}, url = {https://ijirt.org/article?manuscript=182158}, abstract = {The refugee crisis around the world is a complex humanitarian problem. Globally, more than 100 million people have been forced to flee due to persecution, conflict, human rights violations, and alarming public order. Illegal migration is a universal phenomenon, but in India it is largely from its neighbouring countries. Over the years, India has been consistent in differentiating illegal migrants from refugees or asylum seekers. It has also been in the forefront of forming customary rules and principles to regulate illegal migration, either independently or in mutual agreement. But there is a dearth of legal literature on the subject. Though illegal migration has wide-ranging legal, political, and economic implications, this article propose to focus on the human rights and humanitarian aspects of the issue. Indian courts have shown considerable awareness of the rights of refugees and asylum seekers both under international law and under the Indian Constitution. But there is very little judicial interpretation on the rights of illegal migrants and the various administrative and policy measures to remove them from the country. This study is an attempt to fill that gap. This article engages in a comprehensive analysis of the legal and humanitarian aspects of illegal immigration, considering its implications on fundamental rights and societal welfare. Through the lens of Article 21, which guarantees the right to life and personal liberty, the discourse navigates through the intricate intersections of law, human rights, and socio-political realities.}, keywords = {refugee, human rights, Indian constitution, Article 21, Illegal immigrants}, month = {July}, }
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