Abstract Refugee policy in India exists in a legal and moral paradox. Despite hosting thousands of displaced individuals, including the persecuted Rohingya from Myanmar, the country has no dedicated national asylum law is not a party to the 1951 Refugee Convention. The Rohingya crisis brings to light the consequences of this legal vacuum, i.e., statelessness, insecurity and inconsistent treatment under laws that fail to differentiate refugees from illegal migrants. India’s reliance on the Foreigners Act and Citizenship Act results in arbitrary detention, limited access to rights and deportation threats, even for UNHCR (United Nations High Commissioner for Refugees) registered individuals. Judicial responses remain unpredictable, reflecting a broader policy shaped more by national interest than humanitarian need. This paper explores the intersection of statelessness, international obligations and domestic law, arguing for a structured legal framework that guarantees refugee protection while addressing genuine security concerns. A codified national asylum policy is not only a legal necessity but a test of India’s constitutional values and global leadership ambitions. Keywords: Refugee, Rohingya, Statelessness, Non-refoulement, Asylum Law, Human Rights, National Security, Displacement Introduction Refugees are those forced to leave their home country owing to persecution based on their race, religion, nationality, political beliefs, or social group participation (UNHCR, 1951). The Rohingya are predominantly Muslim and have resided in Buddhist Myanmar for decades. There are around 1.1 million Rohingya in Southeast Asian countries. They are not one of Myanmar’s 135 listed ethnic groups and have been denied citizenship rights since 1982, forcing them to depart their home country. (Al-Jazeera, 2018) India’s position on the Rohingya crisis has always been varied and multifaceted. The country has neither signed any international refugee conventions nor enacted a national asylum law (Yhome, 2016). Consequently, Rohingya refugees are treated as foreigners under domestic legislation, For instance, the Citizenship Act of 1955 and the Foreigners Act of 1946, recently amended in 2019, which apply directly to them (Nair, 2021). While India acknowledges the humanitarian dimension of the crisis, it has prioritized national security. As a result, the Rohingya remain caught in a web of borders, bureaucracy and brutality. In a nation that upholds the civilizational, Vasudhaiva Kutumbakam a ideal of “the world is one family”, the absence of a national refugee law speaks more profoundly than any proclaimed tradition of hospitality. To address the refugee issue effectively, a holistic strategy is essential, as refugees continue to face suspicion, surveillance and slow erasure. The paper examines the intersection between statelessness, human rights, and the legal gap in India’s refugee policy. Its objective is to advocate for the development of a robust and inclusive legal framework, incorporating measures such as resettling vulnerable refugees, providing safe spaces for asylum and supporting their integration through various initiatives in host countries (Lloyd College, Blog). The Legal Void India now has a greater need for comprehensive refugee laws because of the influx of displaced persons fleeing neighbouring countries including Afghanistan, Bangladesh, Tibet, Sri Lanka, and Myanmar. The absence of specific legal frameworks to address the difficulties faced by refugees creates a legal void that exposes them to a number of risks, including arbitrary detention, discrimination, prosecution, and obstacles to accessing essential services, even though India has a long history of welcoming migrants. Essential rights for refugees are guaranteed by the 1951 United Nations Refugee Convention. India has a considerable Rohingya population, more than 46,000 have been officially recorded by the UNHCR but neither the 1951 Convention nor its 1967 Protocol has been signed. This situation culminated in a significant event involving the deportation of unauthorized foreign nationals, including Rohingya, in 2017. In the Indian context, refugee governance falls under two legislative frameworks. The Foreigners Act 1946, with its most recent amendment in December 2018, confers considerable authority to the Government regarding the regulation of foreigners’ entry and stay. Additionally, the Citizenship Act of 1955, modified in 2019, establishes religious affiliation as a criterion for Indian citizenship for refugees present in the nation. (Shreya Mishra, 2024) Despite numerous Rohingya possessing refugee documentation and UNHCR registration, the Indian authorities do not officially acknowledge their refugee status or provide protection. Consequently, these individuals face perpetual vulnerability to detention or deportation and are denied access to fundamental rights. The manifestations of discriminatory practices against refugees and preferential aid have revealed an arbitrary interpretation of the non-refoulement principle. Since determinations made outside a structured legal framework tend to be arbitrary, unclear, and predominantly shaped by strategic and geopolitical considerations rather than humanitarian imperatives. This unsystematic methodology has resulted in inequitable, erratic and inconsistent handling of Rohingya. (Rajan, 2022) Without a thorough framework for determining refugee status, authorities struggle to distinguish between people trying to enter the country illegally and genuine refugees in need of protection. Inadequate vetting procedures place India at considerable risk of infiltration by persons with harmful intentions, creating serious national security vulnerabilities. Consequently, the lack of a thorough legislative structure governing refugee movements raises the critical issue of how the nation can appropriately balance protecting its national security interests while fulfilling its humanitarian obligations toward refugees. The implications of an absence of thorough refugee legislation are substantial. Undocumented refugees experience heightened susceptibility to human rights infringements, while judicial bodies issue inconsistent decisions owing to legislative ambiguity. Concurrently, the state confronts challenges about security, population disparities, and resource depletion in receiving communities. Additionally, refugees become susceptible to mistreatment, exploitation, and illicit trafficking. The deficiency in refugee statutes also generates national security apprehensions. Furthermore, India’s international standing suffers due to the lack of comprehensive refugee regulations. The nation’s non-adherence to global refugee conventions remains a source of concern within the international sphere. (Debbarma, 2024) Statelessness and Security Concerns The Rohingya problem is a result of decades of statelessness and persecution in Myanmar, which are rooted in the 1982 Citizenship Law that denies the rohingya their legal identity and rights by excluding them from recognized ethnic groups. Large numbers of people were displaced as a result of military operations, crackdowns, and systematic discrimination. Their movement has been used as an excuse for