Blog post by Shivani Dutta, Assistant Professor, Dayananda Sagar University.

The notification issued by the Ministry of Home Affairs, Government of India on 15th December, 2014 described the Indian government’s policy framework and procedural rules for Pakistani citizens living in India on Long Term Visas (LTV), with a focus on minorities who migrated because of religious persecution, including Hindus, Sikhs, Christians, Buddhists, Jains, and Parsis.  

The notification offers comprehensive guidelines on eligibility, visa conversion, and a number of relaxations, such as the ability to work, study, open bank accounts, buy real estate, and travel within the territory of India. By granting access to Aadhaar, a 12 digit individual identification number which serves as proof of identity and address for residents of India, Permanent Account Number (PAN) cards, and streamlined procedures for obtaining Indian citizenship, the policy promotes integration. Committees at the district level are in charge of keeping an eye on, confirming, and reporting on LTV holders; at every turn, they must prioritise national security checks. In order to expedite services and guarantee transparency in processing and delivery, the document also promotes interagency coordination and the use of digital platforms. However, on April 22, 2025, a horrific terrorist attack on Baisaran Valley in the vicinity of Pahalgam, Jammu and Kashmir, one of the most popular tourist spots in India, killed 26 innocent people and sent the country into shock. Following this, the age-old India-Pakistan tensions have erupted once again.

In retaliation, the government of India has taken some decisive measures such as suspending the Indus Water Treaty and immediately putting Pakistani nationals in India under strict restrictions such as:

• The suspension of visa services for Pakistani nationals, barring the LTV already issued.

• Revocation of existing Indian visas for Pakistani nationals with effect from April 27, 2025.

• Directions to all Pakistani nationals to vacate India, even prior to the expiration of their visas.

• Cancellation of medical visas after April 29, 2025.

These steps send a firm diplomatic signal in the wake of Pakistan’s alleged complicity in the attack. But in the midst of political repercussions, an urgent humanitarian concern is being forgotten: the status of Pakistani refugees in India who are in the hope of acquiring Indian citizenship after the historic Citizenship Amendment Act, 2019. The issuance of an LTV does not itself guarantee a refugee the acquisition of Indian citizenship; they must apply anew with all required details through the online portal mandated by the Government, leaving them in a state of dilemma in the current situation should their citizenship application be denied.

The Refugees Caught in the Crossfire

The 1947 post-Partition migration waves and the exodus during the Bangladesh Liberation War of 1971 both contributed to the displacement of Hindu minorities from Pakistan, leaving a legacy of marginalisation and vulnerability that endures to this day. It is estimated that between 200,000 to 2,000,000 people died during this migration. Many of these migrants or their descendants continue to struggle for safe citizenship, economic stability, and social acceptance in India, where they are caught in legal limbo. Most Pakistani refugees in India are members of minority groups such as Hindus, Sikhs, Christians, and others who escaped religious persecution in Pakistan. Being a nation with an Islamic constitutional system, Pakistan has been accused for a long time of discriminating against non-Muslim citizens, who face a cycle of trauma that connects the past and present. These refugees came to India seeking refuge and to live a life with dignity.

The recent Pahalgam terror attack has rekindled India-Pakistan tensions, resulting in increased suspicion, profiling, and renewed scrutiny of cross-border migrants, which has made Pakistani refugees feel even more insecure. It has not only reopened historical wounds of persecution and displacement, but it also feeds new fears of exclusion, harassment, or displacement within the very nation they sought refuge in.

Under the Citizenship (Amendment) Act, 2019 (CAA), persons belonging to the Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Pakistan, Afghanistan, and Bangladesh who entered India prior to December 31, 2014 are entitled to apply for Indian citizenship. The legislation identifies the vulnerability of religious minorities in those countries and offers a legal route to citizenship. [Section 2 (1)(b) of the Citizenship (Amendment) Act, 2019]

For Pakistani refugees waiting for their applications for Indian citizenship to be approved, the most recent visa suspension has caused uncertainity. The policy does not make a distinction between Pakistani nationals who are only in India temporarily and refugees who have been living in fear and are hoping to become citizens of India by virtue of CAA, 2019. For those who are actually looking for permanent settlement, the visa crackdown has thus compounded the fear of being caught in the crossfire of security measures, making it critically important to distinguish between policies aimed at addressing security threats and those designed to meet the humanitarian needs of displaced populations.

With the government tightening policies on Pakistani nationals, the allegation of disputed nationality has become a critical issue impacting many. One such reported case is that of Ahmed Tariq Butt’s family, who were alleged by the Foreigner’s Regional Officer to have overstayed their visa which they acquired in 1997 and faced deporation to Pakistan. However, the allegation has been denied by the family, who have asserted to be Indian citizens possessing legitimate documents such as their passports and Aadhaar cards. Pursuant to filing a petition to the apex court of the country, on May 2, 2025, the Supreme Court of India intervened by staying their deportation until proper verification of their citizenship could be completed. The Court further allowed the family to seek relief through the Jammu & Kashmir and Ladakh High Court, also cautioning that the directive should not be considered as a precedent in other deportation cases. The cautious approach adopted by the Supreme Court of India reflects sensitivity to the wrongful deportation of long-term residents and refugees whose legal status may be pending.

India’s Responsibility

India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, meaning it lacks a comprehensive legal framework to deal with refugees. However, it is still bound by the customary principles, particularly non-refoulement i.e., refugees cannot be returned to a territory where they are at risk of suffering serious harm to their life or liberty. India, as a secular democracy, has to see to it that refugees are not penalized for geopolitical strains.

The Citizenship (Amendment) Act, 2019’s main goal is to give persecuted religious minorities—Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians—from Pakistan, Bangladesh, and Afghanistan who arrived in India on or before December 31, 2014, a route to Indian citizenship. It is assumed that these communities escaped religious persecution in these Muslim-majority nations. By preventing them from being considered illegal migrants and granting them naturalisation with a five-year residency requirement rather than an eleven-year one, the Act aims to protect and normalise their stay in India. The CAA is essentially presented as a humanitarian solution to aid minorities who are subjected to religious persecution in nearby nations. Thus, it is pertinent to enforce the law in its true spirit rather than being caught in the political storm, and provide the refugees an opportunity for stability, security, and citizenship as promised.

While the nation grapples with the consequences of the attack, and India has every right to defend its sovereignty and its citizens, it must not lose sight of its commitment to compassion and constitutional obligations. Providing justice to victims of terror should go hand-in-hand with empathy for those who are running away from it.

---

The views expressed in this article belong to the author/s and do not necessarily reflect those of the Refugee Law Initiative. We welcome comments and contributions to this blog – please comment below and see here for contribution guidelines.