Let us clarify the terms "Illegal Migration", "Undeclared refugees", and "infiltrators."
"It is simply that whoever enters a country without proper legal papers or reside without legal permission, after entering legally is an illegal migrant.
"A refugee is defined in Article 1 of the 1951 UN convention as amended by 1967 protocol as :
A person 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 the country of his nationality and is unaable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having anationality and being outside the country of his formal habitual residence as a result of such events, is unable or , owing to such fear , is unwilling to return to it."
However India, Pakistan and Bangladesh are not signatories to this convention or protocol.So by International law there have never been any refugees in between these countries. The 2005 UN data shows that in India there are 77,200 refugees from China, 50,730 from Srilanka, 9,700 from Afganistan, 1,471 ffrom Myanmarand 104 from Somalia. So UN keeps no data on the refugees of the subcontinent. Recently on 19 June,2007, a minority rights group Human Rights Congress for Bangladesh Minorities has filed a writ petition at Cacutta High court on June 19th,2007, appealing that Government of India should grant Refugee status to Bangladesh Minorities, who took shelter in India to escape escape violence in their country.
By UN definition the Hindus of bangladesh are entitled to be considered as Refugee.
Till 25 March 1971, the Hindus who crossed the border were issued a receipt of their entry into the country and entitled to get Refugee status.
The situation changed from 26th march,1971, the category of Undeclared Refugees came into being.
The above discussion of "Illegal Migration" and "undeclared Refugees" were obtained from a national seminar on the subject on 13 March, 2009 at University of Pune.
