NLIU LAW REVIEW

Refuge From Precarity: Securing the Right to Education for Refugee Children in India

Dhruv Singhal

Do refugee children have the right to a secure future? The answer seems to be a resounding yes, but this has not been backed by any concerted effort to provide equitable educational opportunities to them. While India has played a historically hospitable role to asylum-seekers, there is a dearth of literature on the socio-economic rights of refugees in India, much less on the right to education. This essay aims to contribute to the discourse on educational rights of refugee children and hopes to fill and underscore this gap. It illustrates how India’s policy of strategic ambiguity makes for a diversified experience for different refugee groups in India who have contested legal recognition, and there is no single approach towards education that can cater to their varied needs. It makes two further claims. Firstly, that all refugee children in India do have a justiciable right to education that is statutorily and constitutionally guaranteed under the Right to Education Act, 2009 and Article 21A of the Constitution of India respectively. It supports this claim with a survey of India’s international commitments, soft-law instruments and judicial precedents. Secondly, it claims that for a meaningful exercise of this right, obstacles to its realizations and challenges specific to refugees must be comprehensively dealt with by the State and civil society. It elaborates the challenges faced by refugees in accessing documentation and private and higher education. Beyond access-centric initiatives, it explores how this right may be creatively deployed to move from equity in education to equitable education