India: Issues Related to the Detention of Migrants, Refugees,
and Asylum Seekers
Submission to the UN Committee on the Elimination of Racial
Discrimination (118th Session)
Submitted July 2026
1. Introduction
1.1 The Global Detention Project (GDP) and the Asia Pacific Refugee Rights Network (APRRN) welcome the opportunity to provide information relevant to the review of India’s twentieth and twenty-first periodic reports during the 118th session of the UN Committee on the Elimination of Racial Discrimination.
1.2 This submission focuses on India’s detention and removal of migrants, refugees, and asylum seekers for reasons related to their immigration status. An important consideration for making this submission has been the Committee’s position on immigration detention and border policies, laid out in its Joint General Recommendation (No.39/No.8) issued with the UN Committee on Migrant Workers (2025). In particular, we recall the following:
“The Committees recall that immigration detention is always harmful and disproportionate as an interim measure during administrative procedures or in response to an administrative irregularity or infraction. The Committees strongly recommend that States Parties take all appropriate measures without delay to progressively abolish migration-related detention policies and practices.”
2. Background
2.1 For years, India has served as an important destination for asylum seekers and refugees from neighbouring countries like Pakistan, Bangladesh, and Myanmar, as well as from further afield, including Afghanistan, Somalia, and the Democratic Republic of Congo.
2.2 Under the Hindu nationalist Bharatiya Janata Party (BJP) there has been a marked increase in xenophobic attitudes and policies; a securitised approach to immigration enforcement; and intensified detention and deportation operations targeting specific groups like Rohingya refugees and persons perceived to be Bangladeshi, especially Bengali-speaking Muslims.